Article 1 – Arrangements Concerning the Contractual Relationship. The contractual relationship shall be governed exclusively by the specific provisions of any written agreement and, insofar as they do not conflict with those specific provisions, by these general terms and conditions, to the exclusion of the customer’s terms and conditions.
Article 2 – Quotations and Orders. Our quotations shall be valid for a period of one month from the date of their dispatch to the customer. Unless there is some stipulation to the contrary in writing, our quotations are provided for information purposes only. The prices indicated in our catalogues and/or price lists are not binding and may be changed without prior notice. Quotations provided by our representatives shall only be binding once they have been confirmed in writing by us. Orders submitted by our representatives shall be binding on the customer but will only be binding on us after we have provided written confirmation. The customer is obligated to check the terms and conditions of our order confirmation as soon as it is received and shall not be entitled to raise any objections once the goods have been delivered.
Article 2.1 - Cancelation of Orders. We understand projects or jobs sometimes cancel - In the event a unit has not shipped we will do our best to terminate your obligation – Special ordered units will forfeit deposits received towards them or the project. If a unit has left our warehouse and our possession, an RGA must be applied for and if granted, a minimum restocking fee of 25% will be assessed which will be payable before the we accept the return.
Article 3 – Technical Data. Unless stipulated otherwise in writing, our samples, measurements, weights and other items of data represent approximate descriptions of our products only. The customer may not use any discrepancies, regardless of their nature, as grounds for refusing the delivery, for non-payment or for demanding the cancellation of the order or the payment of compensation. Unless agreed otherwise in writing, we shall not accept any liability whatsoever in connection with the use of our products for non-expressed purposes.
Article 4 – Prices and Payment. Our goods shall be invoiced in accordance with the price in force on the date of the order. Our prices are given ex-works, and do not include any other services such as transport, interior delivery or installation. Any disputes regarding an invoice must be addressed to us in writing within ten days of its issue. Complaints addressed after this period or by other means will not be considered. Invoices still outstanding by their due date shall automatically and without further notice be increased by late-payment interest at the official rate plus three percent. Moreover, in the event of non-payment by the due date, the amount of the invoice shall be increased, without prior notice, by a fixed penalty of 10% without prejudice to our right to claim the amount of any loss actually incurred by us as a result of the non-payment. It is expressly stipulated that the drawing up of bills of exchange or the acceptance of other modes of payment shall not constitute the novation of the invoice, nor lead to any dispensation from the present clause. Credit terms are established on an individual basis. Special orders require a 50% deposit. Product not picked up or shipped within 15 days of shipment notification must be paid for in full to guarantee unit availability. After 30 days storage fees of 2.5% per month, beginning on the 61st day, will be assessed and payable in full prior to final shipment release.
All invoices are to be paid in full. Any fees incurred via your financial institution will be your responsibility and shall not deducted from the invoice total.
Our preferred payment methods are wire transfer & check. Alternate payment methods are possible but will be subject to a 2% invoicing fee.
Article 5 – Shipping quotes & Transit times. Shipping quotes are estimates and valid for 7 days, subject to fluctuation and are not final, unless otherwise expressed, until the bill of lading is generated.
Transit times are approximate only and shall not constitute a binding commitment on our part. Delays in delivery shall not under any circumstances entitle the customer to claim compensation, cancel or deny delivery of the order.
Articles 6 – Delivery and Transport regardless of the destination of the material, the mode of transport and the details of payment of the transport charge, delivery shall be deemed to have occurred once the items leave our warehouse. Accordingly, all transport, insurance and customs operations shall be undertaken at the risk and peril of the purchaser, who should check deliveries on arrival and make any complaints immediately.
Freight Damage – It is your responsibility, upon receipt of a shipment to inspect for any visible or concealed damages before signing for receipt. All equipment is shipped in Boxes/Crates and/or strapped to a skid, any and all packaging irregularities should be clearly noted on the BOL when signing for or refusing delivery.
Article 7 – Retention of Ownership and Transfer of Risk. The delivered goods shall remain our property until the price for them has been paid in full, even if they have been rendered immovable by incorporation or use. In the event of the failure to pay an invoice by its due date, we have the automatic right to take goods back, without the intervention of the courts. The customer shall bear the risk of loss or damage to the goods once they have been delivered in conformity with Article 6. With the exception of consignment where contracts are in place.
Article 8 – Settlement of Complaints. Non-conformity or apparent defects must be notified to us within ten days of the date of delivery. If the goods are acknowledged to be non-compliant or to have an apparent defect, we may choose either to replace/repair them or to issue a credit note for the invoiced amount in exchange for the return of the goods; claims for compensation to cover any loss incurred are ruled out.
Article 9 – Guarantee and Latent Defects. Any action must be undertaken by the customer within two months of the discovery of the latent defect. The right to commence such action shall lapse two years after the delivery date. The guarantee is restricted to the free replacement of the defective item and does not include the payment of any compensation. Transport, labor and travel costs shall be the customers responsibility.
Article 10 – Jurisdiction and applicable law. Any disputes shall fall within the jurisdiction of the courts in the district in which our registered office is based. The law in force at the location of our premises shall be the only applicable law.