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1. IntroductIon
The following terms of sale and delivery shall apply to
all despatches made by the Sellers, unless expressly varied
in writing.
2. The ownership of goods supplied
is to remain with the supplier until such time as the goods
subject to the invoice, and all other goods supplied by the
supplier to the purchaser, and all debts owing to the supplier
are paid in full.
3. The risk for the goods shall pass
to the purchaser on the delivery of the goods.
4. The supplier is entitled to retake
possession of any unpaid goods in the event that the purchaser
defaults of commits an act of bankruptcy, or a receiver is appointed,
of the purchaser goes into liquidation or some other form of
insolvency administration whether formal or informal, or the
purchaer ceases to carry on business, or the purchase makes
a scheme of compromises with his creditors, without prejudice
to any other rights of the supplier.
5. The supplier has the right of resale
of the goods in the event that he retake possession of them.
6. The purchaser consents to allow the
supplier reasonable access to his premises in order to inspect
the goods at any time, or to retake possession of them in accordance
with these conditions of sale.
7. Literature, catalogues, etc.
Technical information and illustrations in catalogues, leaflets,
etc. are subject to alteration and amendment without prior notice.
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8. Shipment
Unless otherwise agreed in writing, articles are sold ex-works
and the method of shipment is selected, when not stated in the
order, according to our best judgment and without responsibility
for freight differences which may occur.
9. Date of despatch
Unless otherwise agreed in writing, confirmation of an order
will be sent, stating estimated date of despatch, according
to our best judgment. We take no responsibility for any consequential
losses due to late despatch, and such late despatch shall not
entitle the Buyer to cancel or rescind the contract.
10. Prices
Goods are normally supplied at prices as stated in quotations
and order acknow-ledgements. All prices are however subject
to alteration without notice and the price to be charged will
be that ruling at the date of despatch. Errors and omissions
in acknowledgements are subject to correction.
11. Returned goods
Articles may only be returned with our permission, and then
on a carriage paid basis and after a deduction as agreed upon
on the invoiced price. Returned goods not increasing USD 10.00
in value, will not be credited. In the case of non-standard
articles or articles that have deteriorated in their condition
since delivery, we reserve the right to make extra deduction.
12. Guarantee
Articles shown to have a manufacturing defect are exchanged
or replaced free of charge when returned to our Works within
a period of up to five years from the date of despatch.
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However, the guarantee ceases to be valid one
year after the date the articles have been taken into use. The
guarantee is only valid on condition that the defect is due
to faulty workmanship or material and has not been subject to
mishandling, poor maintenance, neglect or other abnormal conditions
causing wear and tear.The guarantee is
strictly limited to the replacement of the defective part only
and no liability or responsibility is accepted for loss or damage
to persons, other equipment, goods or property, loss of production
time, profit or any other loss without written agreement.
13. Freedom from responsibility
The company cannot take responsibility for delays, cancellations
or other problems resulting from working conflict and other
similar circumstances of which the parties are not in control
such as fire, war, mobilization or unforeseen military calling
of corresponding extent, requisition, confiscation, currency
restrictions, revolts and disturbances, lack of means of transport,
general shortage of articles, rejection of greater works, restrictions
of motive power and defects of deliveries from sub-suppliers
or delay of such deliveries being due to some of the circumstances
mentioned under this item.
14. Re-export
The goods cannot be re-exported without written agreement.
15. Arbitration
Any disputes concerning these terms of sale or resulting
from additional agreements or concerning legal matters covered
cannot be subjected to examination by the court but will be
settled by arbitration and in conformity with the laws of the
Seller's country.
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