- Validity
- Product Information
- Quotations
- Quality
- Quantity
-
Orders and Agreement
-
Prices and Delivery
- Payment
- Retention
of Title
- Delivery
-
Packaging
-
Cancellation
-
Product Changes
-
Defects and Complaints
-
Limitation of Liability
-
Product Liability
-
Returns
-
Disputes
Validity:
The present Terms of Sale and Delivery shall apply to all
quotations, sales and deliveries unless other-wise agreed in
writing.
Any terms of sale and delivery which may be printed on the
order confirmation or to which the customer otherwise refers
shall only be valid if this is expressly stated in our order
confirmation.
Product Information:
All information about weight, dimensions and quality as well
as technical data and other data stated in catalogues,
prospectuses and any other advertising material shall be
directional and shall only be binding to the extent they
form an express part of the agreement between the parties.
Quotations:
All prices shall be subject to changes in raw material and
exchange rates, delivery time subject to the goods being
unsold and change of delivery time from works. If all Seller
gives a written quotation which does not state a specific
time stipulated for acceptance, the quotation shall lapse if
acceptance has not been received by the Seller within 2
weeks from the date of quotation.
Quality:
Buyer shall be responsible for ensuring that the technical
data and the material in its entirety are suitable for his
requirements. A certificate will as agreed be enclosed in
accordance with agreement. Seller will check that the
certificate meets the demands for the delivery but will not
check the information provided in the certificate.
Quantity:
The total quantity delivered shall be subject to a margin of
plus/minus 10% of the quantity specified. Calculation by
weight, unit or length shall be in accordance with generally
accepted practice.
Orders and Agreement:
In order to be binding on Seller, an order shall be
confirmed in writing by Seller, and only Sellerīs Terms of
Sale and Delivery shall apply to the execution of the order.
If Buyer has any objections to the contents of the order
confirmation these shall be made in writing and shall be
received by Seller not later than one week after the date of
the order confirmation.
Prices and Delivery:
In connection with sales from stock, the prices excl. VAT
and terms of payment are stated in Sellerīs current price
list in force at the time in question shall apply. Delivery
shall be ex Sellerīs address.
Freigt payable by Buyer shall always be invoiced Buyer and
shall not be paid in cash on receipt.
Payment:
Seller shall receive payment on the date specified in the
invoice as the final due date for payment. If such a date
has not been specified payment shall be made in cash on
delivery. However, Seller reserves the right to change the
terms of payment if Seller receives information that Buyerīs
ability to pay has deteriorated. If the delivery is
postponed because of Buyerīs situation (claimantīs default),
Buyer shall nevertheless, unless otherwise notified by
Seller, be under an obligation to make any payment to Seller
as if delivery had been made at the agreed time. If payment
is made after the due date, Seller shall be entitled to
charge interest on the outstanding amount from time to time
from the due date at the rate of interest stated on the
invoice at any given time. Buyer shall not be entitled to
offset any counterclaims against Seller which have not been
recognized in writing by Seller and shall not be entitled to
withhold any part of the purchase price because of
countercla-ims of any kind whatsoever.
Retention of Title:
Seller shall retain title to the goods sold with the
restrictions that follow from mandatory rules of law until
the full purchase price plus any costs accrued have been
paid to Seller or to the party to whom Seller has assigned
his right
Delivery:
Delivery shall be made from Sellerīs address whether or not
Seller delivers the goods sold to Buyer using his own
employees or third party in accordance with a separate
agreement. The time of delivery has been fixed by Seller at
Sellerīs best esti-mate with the reservations made when the
quotation was given/the agreement was entered into.
In connection with sale of goods from stock and standard
goods, a postponement of the time of delivery by 30 days due
to Sellerīs situation shall be regarded as delivery in due
time and shall be respected to the effect that Buyer cannot
exercise any remedies against Seller for this reason unless
otherwise agreed.
In connection with sale of individually manufactured goods,
Seller shall not be liable for any form of delay
irrespective of the duration hereof to the effect that Buyer
cannot exercise any remedies against Seller for this reason.
Each of the parties shall, however, be entitled, without any
liability, to cancel the agreement if the delay exceeds
three months.
If a delay in delivery is due to Seller being in a situ-ation
as stated in Clause 15 (exemption from liability), the time
of delivery shall be postponed by the time of duration of
the obstacle. However, both parties shall, without any
liability, be entitled to cancel the agreement if the
obstacle has lasted for more than 3 months. The present
provision shall apply whether or not the cause of delay
occurs before or after the expiry of the agreed delivery
time.
In the above case, Seller shall notify Buyer of the change
in delivery time without undue delay.
Packaging:
Packaging shall be on Buyerīs account unless it is expressly
stated that this has been included in the price.
Packaging may only be returned in accordance with a separate
agreement.
Cancellation:
In connection with cancellation of deliveries, Buyer shall
be under an obligation to pay full compensation, including
for loss of profit, and generally to indemnify Seller for
all costs incurred in connection with the cancellation.
Product Changes:
Seller reserves the right to make changes to agreed
specifications without notice if this can be done witout any
inconvenience to the Buyer.
Defects and Complaints:
Upon delivery, Buyer shall immediately perform such
inspection of the goods sold as generally accepted business
practice requires. Any defects in the goods sold will,
within a reasonable period of time, be remedied or a
replacement delivery will be made at Sellerīs discretion.
If such remedial action is not taken or a replacement
delivery is not made within a reasonable period of time,
Buyer shall be entitled to termina-te the agreement, require
a reduction in the pur-chase price or claim damages pursuant
to with the general rules of Indian law and the present
Terms of Sale and Delivery.
If Buyer wants to claim a defect, Buyer shall notify Seller
hereof in writing immediately after the defect has been or
should have been discovered and specify the nature of the
defect in the written notification. Samples of a sufficient
quantity for a certain assessment of the justification of
the complaints must be enclosed with complaints about the
quality of the goods. If Buyer has discovered or should have
discovered the defect, and he does not submit a complaint in
accordance with the above, he cannot subsequently make a
claim about the defect.
If Buyer has not made a claim about the defect to Seller
within 6 months from the date of delivery, he cannot
subsequently claim any such defect.
If remedial action has been taken or a replacement delivery
has been made, Sellerīs liability for defects cannot be
extended to more than 1 year from the original date of
delivery.
Limitation of Liability:
A claim for damages against Seller cannot exceed the invoice
amount for the product sold.
Seller shall not be liable for any consequential loss, loss
of profit or any other indirect loss which follows from the
agreement, including any indirect loss which has incurred as
a result of delay or defe-cts in the goods sold. The
following circumstances shall result in exemption of
liability for Seller if they prevent performance of the
agreement or make the performance of the agreement
unnecessarily onerous.
Industrial disputes and any other circumstances beyond the
control of the parties such as fire, war, mobilisation or
unforeseen military call-ups of an equivalent extent,
requisitioning, sequestration, exchange controls, riots and
civil unrest, shortage of transport possibilities, general
scarcity of goods, fuel restrictions and defects in or
delays in deliveries from sub-suppliers which are due to any
of the circumstances set out in the present Clause.
Circumstances like those set out above which occured before
the quotation was given/the agreement was entered into shall
only entail exemption of liability if their effect on the
performance of the agreement could not have beeen foreseen
at the time in question.
Seller shall be under an obligation to notify Buyer in
writing without undue delay should any such circumstances
occur.
Product Liability:
Seller shall only be liable for personal injury if it is
proved that the injury was suffered as a result of errors or
omissions on the part of Seller or other parties for whom,
Seller is responsible.
Seller shall not be liable for any damage to real property
or movable property.
Seller shall not be liable for any consequential loss, loss
of earnings or any other indirect loss.
To the extent to which Seller may incur product liability
vis-ā-vis a third party, Buyer shall be under an obligation
to indemnify Seller to the same extent as Sellerīs liability
is limited in accordance with the above three sentences. If
a third party makes a claim against one of the parties for
liability for damages in accordance with the present Clause
the party in question shall immediately notify the other
party.
Seller and Buyer shall be under a mutual obligation to
accept that legal proceedings are instituted against them at
the court which hears claims for damages brought against one
of them on the basis of damage or injury allegedly caused by
the delivery.
These limitations to Sellerīs liability shall not apply if
he has shown gross negligence.
Returns:
Returns will only be accepted in accordance with a special
agreement on this with Seller.
Unless otherwise agreed, crediting of returns shall be
subject to the returns being undamaged and as for
works/factory-packaged materials that they are in original,
unbroken packaging.
Disputes:
Any disputes arising between the parties shall be settled by
the courts in India in accordance with the Indian Law.
