Standard Warranty Terms & Conditions Standard Warranty Terms & Conditions
1. General Conditions.
A) All stipulations as laid down in these terms and conditions are applicable to any agreement, unless parties should have expressly agreed differently in writing to deviate from these terms and conditions.
B) Applicable conditions of purchase are without prejudice; insofar they are not in contradiction with the present terms and conditions.
C) In these terms and conditions the company as mentioned above under 1 hereinafter will be called “seller” and the opposite party “buyer”
A) All offers, whatever their form, are without engagement unless expressly agreed upon otherwise in writing.
B) Every offer is based on the present rates of exchange, standard wages and social welfare charges and applicable provisions of the law connected with them.
C) If to the prejudice of the seller alterations might occur in one of the under b mentioned elements, at the time of execution of the agreement, the seller will reserve the right to pass on the difference of price to the buyer.
A) Payments will be made by the buyer according to the agreement laid out on the Invoice, without any deductions unless otherwise agreed with by the buyer in writing.
B) Payments will be made within the due date periods mentioned and laid out thereby on the invoice.
C) Late payments will be charged at 5% higher than the legal interest per month or part thereof, without any serving of formal summons being necessary.
D) All costs, judicial as well as extra-judicial, for the seller resulting from the buyer not complying with any obligation for him/her from this agreement, will be completely to the account of the buyer.
4. Retention of Ownership.
A) All goods, delivered by seller, will remain the property of the seller, up to the moment when all seller’s claim on the buyer whatever account have been settled.
B) If the goods, delivered by seller, are used to obtain new products, the buyer will make over the property on these products to the seller in advance, when buyer does not meet his/her obligations on whatever account towards seller. This fiduciary transfer of property will remain in force until buyer has meet his/her obligations on whatever account towards seller without any further agreement as to that being required.
A) Claims can only be dealt with if they have been brought to our knowledge within at most seven days after the delivery by letter only.
B) Buyer is obliged to check the goods delivered to him/her before using (having used) them. In case of bulk delivery buyer has to check the goods before transfer into storage will take place. In particular this check will have to the state and identity of the goods delivered with reference to the goods sold. If buyer cannot prove having executed this check, he/she will have forfeited any right on claims.
C) The liability of seller to indemnification never exceeds the value of the invoice of the goods delivered.
D) Taking in and using or re-sale of the goods in all cases be considered as an acceptance, hence claims in such a case cannot be considered. On bulk delivery the transfer into storage will be considered as acceptance.
E) The return of goods if any is only allowed to take place after written consent of seller.
All goods from the moment of despatch are travelling for the account and risk of buyer.
7. Force Majeure.
A) In case of force majeure seller without applying to the court will have the right either to prolong the term of delivery of the goods with duration of force majeure or to cancel the agreement so far not being executed without in either case being liable to pay compensation.
B) By force majeure is meant any circumstances independent of the will of the seller, impending fulfilment of the agreement temporarily or permanently. Among other things as circumstances as meant above are to be considered, restricting measures of the authorities, epidemics, mobilization, war, revolution, seizure, interruption of the production lack of raw materials, semi-manufactured products, auxiliary materials and energy, non-delivery, ultimately or non sufficient delivery by the company from which the seller obtains the goods, strike, fire with seller or his/her supplier.
C) If buyer does not, does not timely, or does not sufficiently comply with obligations, resulting from him/her from any agreement concluded, as well as within the case of bankruptcy or temporary suspension of payment of buyer or in the case of closing down or liquidation of his/her company he/her will be deemed the party in default legally without proved default being required. In that case seller will be entitled to cancel without applying to the court, the agreements existing between him/her and the buyer, so far not being executed at the time and to request payment from the buyer concerning the activities and deliveries already being performed, as well as compensation of damage, costs, and interest caused by the default of the buyer and the cancellation of the agreement, including therein the loss of profit of the buyer.
D) If buyer partly or completely cancels the given order, he/she is obliged to compensate to the seller all expenses which have been reasonable made with regard to the execution of this order all this without prejudice to the right of the seller to compensation because of loss of profit of the other damages resulting from the cancellation concerned.
A) If seller at his/her discretion will become of the opinion that after the conclusion of the agreement circumstances do arise endangering the certainty of the fulfilment of the agreement seller will be entitled to demand guarantees from the buyer for the fulfilment of the agreement on his/her part
B) In case buyer will not comply with the demand as mentioned in article 9 section “a”, seller will be entitled without proved default being required, to suspend the execution of the agreement, or to cancel the agreement completely or partly, without being obliged to pay any compensation.
A) Except for an explicit written guarantee seller will never be liable for compensation of indirect or direct damage sustained caused by failures of goods delivered or with the execution of activities.
B) Buyer is obliged to indemnify seller against any claim for compensation by a third party on account of any cause.
These terms and conditions shall be subject to and constructed in accordance with the laws of England and the purchaser hereby agrees and declares that the company may institute proceedings arising out of the contract in the county court with jurisdiction over its main office whether or not the cause or place where the cause of action arose is beyond the jurisdiction of that court.