Sales- & delivery terms
These General Conditions will be used unless expressed written agreement between the parties is made. These sales and delivery conditions are considered accepted upon acceptance of the offer.
All prices are excl. VAT and subject to the increases in prices of materials, labor and possible. legislative changes unless otherwise stated. When specifying fixed prices, these are only valid within the deadlines set out in terms of acceptance and delivery.
Only written offers are binding. All offers are subject to prior sale and are valid two weeks from the date thereof. If the buyer wants a particular specification, which does not appear in the Supplier's standard specifications, these must be explicitly stated in writing.
Production equipment, drawings and similar which are part of the basis for an offer is always considered as the Supplier's property.
Ownership of the delivered product, and copies thereof, is for the copyright holder. The buyer has no right than the right of the specific product which will be handed over at the purchase agreement. Ownership of the products delivered is for the supplier until they are fully paid by the buyer. Ownership, copyright and other rights to the product belong to the copyright holder, who is also entitled to act if the buyer had to break the purchase agreement. The Supplier of the copyright owner been granted the right to license the product.
If the Supplier may lose the right to charge maintenance and other charges holder of copyright has the right to charge these fees.
There are not allowed to buy:
To copy the supplied software for purposes other than backup and archiving.
To make the delivery available to any third parties.
A purchase is final until after the supplier has confirmed in writing the order. Then the order can not be canceled, changed or postponed by the buyer without the written consent of the supplier, and then only upon payment of the costs incurred, and against cash payment of the goods stored at the buyer's risk and expense.
Delivery is EXW. All consignments are at the buyer's expense and risk.
Delivery times are listed in the order confirmation and are based on the buyer's specifications of the product when ordering. Delay in delivery does not entitle the purchaser to cancel the purchase until after writing to the supplier to correct the matter and the Supplier not then within a reasonable time to deliver. If the delay in delivery caused by the Buyer, delivery time is extended to the extent practicable in the circumstances deemed reasonable.
The supplier is not responsible for the Buyer's loss, including loss of profits and other indirect loss due to delay in delivery and loss therefore not replaced by Supplier.
8. Force majeure
The supplier is not liable for failure to perform its obligations due to force majeure, war, riots, civil unrest, government intervention, strikes, lockouts, export and / or import bans, missing, incomplete or delayed deliveries from suppliers, labor shortages, fuel, power, accidents in the manufacture or testing, mobilization or unforeseen military call, currency restrictions, lack of transportation or any other reason which is beyond the Supplier's control, and which is likely to delay or prevent the manufacture and delivery of the goods.
If timely delivery temporarily prevented by one or more of the above circumstances, delivery time is postponed for a period equal to the duration of the obstruction, and delivery on the postponed delivery date is considered in all respects for timely.
If the delivery is expected to persist for longer than three months, the supplier must, however, be entitled to cancel the tenders submitted.
Supplier warrants on the following terms that the goods supplied are of the usual high quality in terms of materials, tolerances and processing. If, within a year should be detectable defects in the goods delivered, the Supplier undertakes at its choice, without cost to the purchaser to exchange it or defective goods on delivery of similar new items to the buyer, or to credit the buyer for the defective goods against returning them. The aforementioned obligations are subject to immediate and yet within 5 days after receiving the written complaint to the supplier.
The supplier is not liable for errors or defects attributable to improper handling, transport, storage, assembly or otherwise neglect of other than the supplier, or for unusual or usual wear and tear.
Payment terms are specified in the order confirmation.
If no payment terms are stated the following applies: Net cash within 8 days after the invoice date. If payment is not timely rate with 2%. month started.
If the buyer's ability to pay after the agreement by the Supplier's discretion deteriorates significantly or if the Supplier can not obtain credit insurance at the time of delivery can be requested cash or collateral.
11. Product liability
Causing one of the Supplier delivered or installed product personal injury caused by defective product, supplier can only be liable to the extent that liability under general law can be imposed seller.
The supplier is not liable for damage to the buyer or a third party thing caused by defects in the delivered product if the item is intended for commercial use. Supplier's liability does not in any case consequential loss, loss of time, loss of profits or other indirect loss suffered by the buyer or third parties.
Supplier assumes no further responsibility for products incorporating materials supplied by the purchaser and the products manufactured by the purchaser, which includes materials provided by the Supplier, unless the damage is attributable to the Supplier's product.
If the Supplier incurs liability to third parties as a result of the products delivered to the buyer, the buyer is required to hold the Supplier harmless to the extent that the Supplier above has limited its liability.