 |
|
||
 |
 |
 |
|
|
|
Standard Terms and Conditions of Delivery1. General 1.1 The following Terms and Conditions shall apply to all our present and future contracts for deliveries and other services (even if the said Terms and Conditions are not specifically mentioned in verbal, telephonic or fax communications). 1.2 All deviations from the present Terms and Conditions, ancillary verbal agreements and subsequent contractual amendments shall only be valid if they have been confirmed by us in writing. 1.3 Buying terms and conditions of the client shall not be valid even if they are not specifically rejected by us. Our Standard Terms and Conditions of Delivery shall be regarded as accepted at the latest upon receipt of our goods and services by the client. 1.4 If a provision of the present Terms and Conditions of Delivery proves to be wholly or partially invalid, the contracting parties shall replace the aforesaid provision by a new provision which comes as close as possible to the legal and economic intention of the invalid provision. 2. Offers 2.1 Our offers shall be subject to change without notice. 2.2 Orders shall only be regarded as accepted when they have been payment has been approved. 2.3 Products in catalogues, online, and printed material shall be approximate values as customary within the industry. They shall only be binding if specific reference is made to them in the contract. 2.4 Cost estimates and other documents shall remain our property and shall be subject to copyright protections; they may not be made available to third parties. 3. Regulations in the Country,State, County, City of Destination 3.1 At the latest at the time of the order, the buyer shall draw our attention to the regulations and standards in force in the country of destination relating to the design of the delivered goods and the operation thereof and also to the execution of services. 3.2 Our deliveries and services shall comply with the regulations and standards in the country of destination provided the buyer has drawn our attention thereto in accordance with Section 3.1. 3.3 The buyer shall duly inform us of any special application features of goods ordered from us if these differ from our general recommendations. 4. Prices 4.1 We shall reserve the right to make price adjustments if wage rates or material prices change between the date/time of the order confirmation and the contractual performance of the contract. Price increases shall normally be notified three months in advance. We shall be bound to the price stated in the order confirmation for a period of three months after the effective date of the price increase. 5. Payment Terms 5.1 C.O.D. unless otherwise agreed in writing or pre-paid, our invoices shall be payable within thirty days with no cash discount. Payment shall be deemed to have been made when the amount in question is at our unrestricted disposal on our account in US Dollars. 5.2 Payment dates shall be observed even if there are any complaints or counterclaims not recognised by us. 5.3 If the buyer fails to comply with the agreed payment dates, default interest shall be paid from the agreed due date without a reminder being issued; the aforesaid interest shall be based on the interest rates prevailing at the domicile of the buyer, but shall be not less than four percent above the current discount rate. 5.4 We shall be entitled to make deliveries of approved orders dependent upon settlement of outstanding claims. 6. Delivery Periods 6.1 Delivery periods and deadlines stated by us shall be approximate unless we have given an express confirmation of a deadline as binding. 6.2 Delivery periods shall be deemed to have been met if notification of readiness to deliver has been sent to the buyer before the end of the delivery period. 6.3 The delivery period shall be prolonged if details required for the performance of the contract are not received on time or if they are subsequently changed by the buyer. 6.4 The delivery period shall also be reasonably prolonged if impediments arise which we cannot avert despite exercise of the necessary care (e.g. major operational disruptions, industrial disputes, delayed or defective deliveries, force majeure, etc.). 6.5 The buyer may only withdraw from the contract if our goods have not been delivered by the end of the said period of grace. Compensation claims for non-performance, delayed performance or any consequential losses shall be excluded unless there was gross negligence on our part. 7. Delivery Inspection 7.1 The buyer shall be required to inspect deliveries immediately. If the goods do not comply with the order or the delivery note or if visible defects are identified, he/it shall be obliged to notify the aforesaid to us in writing within eight days of receipt. Later complaints shall not be recognised. (Re transport damages, cf. Section 8.4) 8. Assembly and Operations 8.1 The assembly, putting into operation, operation and maintenance of the delivered goods shall be carried out in accordance with industry guidelines. They may be executed by your staff or by appropriately trained third parties as agreed with the buyer. 8.2 Specifications, No Warranty. Buyer has selected the Equipment to its own specifications and THERE IS NO WARRANTY, EXPRESS OR IMPLIED, THAT THE EQUIPMENT IS MERCHANTABLE OR FIT FOR BUYER’S PARTICULAR PURPOSE. 9. Exclusion of Further Liability 9.1 The buyer shall have no rights and claims for materials, design and workmanship defects or the lack of warranted qualities. 10. Governing Law, Venue 10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles, and the Buyer agrees that all disputes shall be resolved in Oakland, California. |
||||||
Mon. - Sun.
|
Privacy Policy - Terms & Conditions - Contact Us - About Us All Rights Reserved © 2009 Rapid Expendables |
|||||||
|
|