General terms and conditions

Transcription

1 General terms and conditions Dear customer, we are very pleased that you have decided in favour of our products. In order to guarantee unproblematic development of our business relation, please respect the following rules: General Conditions Acceptance Our performances and services will be offered only on the basis of the following conditions. Any deviating formulated buying conditions are hereby expressively excluded. Additional agreements or oral declarations will only be binding if they are handed in in writing and/ or are being confirmed. These special conditions fixed in writing, however, shall not infringe on any other aspect of these general conditions. It would be nice if our business relationship were a lasting one. Thus these general conditions will be binding for your future orders, even though we may not expressively state so in each case. Offers Our offers are pending and become binding only on receipt of our written acknowledgement of said order. Unless otherwise agreed, our offers are valid for three months as from the date stated in our quotation. Construction The construction of our sign compositions will process according to previously accumulated experiences. Occasionally, however, certain information on statics will be needed. The costs for attaining this information are not included in the offers. Should the results of such analysis of statics necessitate a change of construction, the respective costs will have to be passed on to you. Please note that in case of special customised orders according to your specifications, you will be held liable for any breach of copyright incurred thus. Printer s copies Any film copies, stencils, screens, drawings, electronic data, etc. provided by meng, will remain our property in any case, even though the buyer may have paid a proportion of the costs for these. However, they will be available for consecutive orders during an appropriate period of time. We point out that print data provided by the customer must be free from rights of third parties before copying or were released by the author for reproduction. This also applies to pre-image files to be licensed. The submitter of the information is responsible and liable that the print data can be used freely. He further carries subsequently resulting consequences of copyright infringement.

2 Delivery The prices quoted are off works, costs for packing will be added. The packing will be executed carefully and expertly. The return of transport packaging must be effected free of transportation charges. For shipment abroad, the recipient bears the cost of the necessary clearance. Principally shipment of all goods is at the recipient s risk, even in such cases when transportation free of charge has been agreed on. In the interest of our customers we therefore arrange for transportation insurance. Please let us know if you are a customer for whom SVS/RVS restrictions apply. Delivery time / Order clarity Our delivery obligation starts only when the order has been confirmed in written form. The delivery times quoted are not binding. The delivery time starts on the day the order has been accepted and as soon as all technical and commercial questions have been settled as well as the final proof is signed by the customer. Any quoted delivery date usually indicates the date for shipment off works. Part shipment is acceptable. In case of delays in delivery the buyer has to allow an appropriate time for performing the contract. The buyer will only have the right to withdraw from the contract in the case of intentional or gross negligence from our side. This right to withdraw does not extend to already executed part deliveries. Recompense will not be granted in any case. In case of force majeur or other exceptional occurrences which may make delivery impossible, such as, e.g., disturbances in the factory, strikes or suppliers letting us down, we reserve the right to withdraw from our delivery obligations in part or completely. In case of delayed purchasing of finished parts resulting in the need to stock or temporarily stock these parts we will be entitled to charge the buyer stocking costs up to the amount which is usually charged locally. Modification of orders Modifications of orders, desired by yourself, after the order has been clarified or layouts has been confirmed, will at first lead to an interruption of the production process. Additional expenses in time and material will be calculated and advised to you. Production will be started again after receipt of a written accordance regarding acceptance of the costs. Amount of delivery The measurements, colours and numbers quoted in offers and order confirmations are only approximate statements. Deviations within the limits generally accepted within the industry are permissible. The same applies to slight deviations in presentation or colour in comparison to a draft provided by you. Such deviations are usually due to technical demands only, they do not constitute any breach of delivery according to contract. Thus these shall not constitute grounds for either refusing acceptance or deducting from the price agreed on.

3 Should additional deliveries (up to 10%) be necessary in order to fulfil a confirmed order, a respective additional charges will have to be paid by you. If it is unavoidable that deliveries should fall short of amounts previously stated, respective reductions will be made from the invoice. Please note that statements made in brochures and catalogues are promotional in character and do not constitute any binding guarantees for certain product characteristics. Any reference to DIN/EN regulations or other norms are exclusively intended for a better description of products and do not constitute any guarantee either. We are keeping on improving our products all the time. Thus please note that the article in question may have been largely improved from the time the brochures were printed to the actual delivery date. We are entitled to mark all goods delivered by us with our trademark. Please advise us explicit in your order, if you do not want this. For all systems delivered including assembling and electronic installation the prices quoted are generally calculated without feeding line, electric connections or earth connections. Please note also our separate conditions for installation. Damages In spite of all care being taken, occasionally transportation damages may occur. Thus the recipient should immediately have any damages to packing or the goods visible on handing these over confirmed by the courier service employed. In case of damage claims for replacement have to be directed from the recipient to the carrier direct. This will not influence our invoice falling due and does not entitle to reductions from the total stated on the invoice. Obligation for Authorisation As a matter of precaution we would like to point out that often a special permission needs to be obtained before signs or illuminated advertisings may be put up. Obtaining the necessary official permission is the legal responsibility of the buyer only. If so desired, we will be glad to provide the necessary documents, especially drawings, photos and static calculations against a reimbursement of our costs. The buyer is also responsible for obtaining any other authorisation which may be needed. Should construction work be started prior to receiving the necessary authorisation we need to be told so in writing and exclude us from any liabilities for carrying out such instructions. Guarantees We produce at the highest quality level. Thus we guarantee function and durability of our products for a year starting from the date of delivery for our commercial customers. Of course our guarantee does also include cover of any failures of material, fabrication or installation. For our private customers according to the valid statutory rules.

4 For light or neon installations plus accessories, such as starter, initial switches, etc., the guarantee is limited to failures or problems evident immediately after being switched on the first time by the customer. To this extent, we will pass on to the buyer those guarantees given to us by our suppliers. Of course, no guarantee may be given for wear an tear parts, such as, e.g. neon tubes. For such sign systems in which plastic or acrylic glass is used, minor blemishes (such as minor scratches, fine fissures or little inclusions) are no reason for claiming compensation. You should notify us in writing of any visible blemishes or failures within three days of installation or receipt of goods respectively. After this period is over, the items will be treated as accepted. You should notify us in advance of any return of imperfect goods. In this case, freight costs will be advanced by you, and we will of course reimburse you in case of a well-founded complaint. We regret that we cannot accept any reclamation when the goods have been further processed. Anchoring structures for sign systems on parts of buildings have to be executed by experts seeing to appropriate sealing measures. The buyer has to initiate such measures. We cannot accept any guarantees for these or any other alterations to buildings executed at your order. Samples and drawings provided as the basis for a delivery may only serve as an approximate basis for delivery. The responsibility for any mistakes in labelling or graphic works passes on to the client on releasing the proof sheets for printing. General Liabilities In case of guarantee we will accept the costs for correcting any imperfection. Damages incurred as result from such imperfections, however, will be excluded from guarantee. The costs for correcting imperfections shall maximally amount to the original delivery value. We are not liable for loss of possible gains or other damages to the customer s fortune, unless gross or intentional negligence from our side can be proved. The limitations of our liability shall to the same extent apply to our employees and assistants. Right of Property and Payment Mere instances of hired labour, such as, e.g., installation work, has to be paid immediately net. We shall welcome your settling our invoices for goods within 10 days 2% cash discount or 30 days net from the date of the invoice. After this period, our customers are considered to be outside the credit period without further notification of said state. The same applies to invoices for part deliveries. We are entitled to charge interest for late payment in these cases (5% above those interest rates charged by the German Bundesbank or Central European Bank respectively). All items delivered by us remain exclusively our property until all invoices have been completely settled by the customer. Cheques

5 and bills of exchange will be accepted under the normal reservations, and will be considered as temporary payment only. In case of late payment we will furthermore be entitled to reclaim the delivered goods, and the customer is then obliged to return them. Without our consent, the goods may neither be pawned nor given away as security. Should the goods be sold to third parties, the purchase price will be passed on to us preventively on closing the respective contract. Should our customer attain exclusive or partly right of property by further processing the goods in question or by connecting them, we are entitled to part ownership up to the percentage provided by our delivery in relation to the other connected or integrated items. The same will apply when items of other origin constitute the main element. In addition to this, the client may only pass on all possible claims against us after obtaining our prior written consent. Designs and drawings, release notes We reserve the property and copyright to any offers, drawings, designs, samples, etc. These items mentioned above may not be made accessible to third parties, especially not to competitors, and may not be used for invitation of tenders either. Should an offer not be accepted, these are to be returned immediately. Applicable Legislation All legal relationships entered on between you and us, including the closing of contracts, shall be subject only to German Laws, expressively excluding the general international business law, UN buying laws, or the Hague Conventions Relating to a Uniform Law on the International Sale of Goods. Invalidity of Parts of these Conditions Should individual parts of these general conditions be or become invalid, this shall not infringe on the other regulations in any way. Place of performance and of jurisdiction For all legal matters, Idar-Oberstein (Germany) shall be the place of jurisdiction. Place of performance shall be our premises. By placing an order the client declares his acceptance of these business conditions. Informationstechnik Meng GmbH, October 2013