Terms & Conditions
1. Validity
The following conditions apply to all sales, offers and supplies.
They are binding on both parties with the exclusion of other deviating conditions laid down by the buyer unless those conditions are accepted by the seller in writing. The placing of an order by the buyer implies that the buyer is aware of these conditions and accepts them without reservation. The Treaty of the United Nations on Contracts for the International Sale of Goods from April 11, 1980 is excluded.
2. Offers
Quotations are subject to alteration and without commitments. Information about products and services given without any obligations unless explicitly referred to as binding in our acknowledgement or order. Orders require our written confirmation as do additional agreements, alterations, additions and warranted characteristics.
3. Price
All prices quoted are in Euro ( ¤ ), ex-works Bangalore including standard packing plus taxes unless explicitly stated.
4. Dispatch and passage of the risk
The risk of accidental perishing or accidental deterioration passes to the buyer at the time of the merchandise being made available on the loading ramp, at thelatest however, upon the mercandise being handed over to the carrier or leaving our warehouse. Handling, transport and custom duties are at the expense of the buyer.
5. Notification of defect
Notification of defects must be made in writing by the buyer without undue delay, not more than 10 days after receiving the merchandise.
Slight deviations in quality, color, size, weight, finish, design, etc. permissible in the trade and/or technically unavoidable shall constitute no reason for complaint.
6. Delivery
Upon expiry of the (agreed) term or date of delivery a post-delivery term of 4 weeks automatically comes into effect.
When delivery depends at buyer's call and the buyer fails to call the goods, the date of delivery shall be taken to be the last date of the agreed term of call/delivery.
7. Interruption in delivery
Circumstances of force majeure which delay or prevent the delivery of goods shall release the seller from his duty to make delivery on time and shall in no way be reason to make the seller liable. By force majeure is understood, every circumstance beyond the seller's control, such as, but not excluively war, riots, strikes, government measures, events of any kind that disrupt seller's production, disruption in the normal supply of raw materials and ancillaries to the seller, and hold-ups in the transport of products by the means of transport choosen by the seller.
8. Warranty & Liability
No warranty is accepted if the buyer did not execute his duty of checking the good and informed the seller as per article 5 ( Notification of defect ).
After cutting or processing of the delivered merchandise, any claim of apparent defect is excluded.
In the event of justifiable claims, the seller has the choice of either crediting the goods or repairing or replacing them within 30 days after receipt of the returned goods.
9. Limitation of Warranty
Further claims, irrespective of their legal grounds and regardless of the legal theory they are based upon, are precluded except where warranty is mandatory due to product liability law or in case of intent or gross negligence.
10. Terms of payment
We accept the following modes of payment:
- moneyorder / advance payment
All online-purchases are due immediately.
All payments have to be made in Euro.
For custom made orders valued above 10.000,- Euro we additionally accept a bank guarantee or irrevocable, confirmed Letter of Credit at sight. Further details will be individually agreed to.
The offsetting and withholding of due invoiced amounts is only permissible for undisputed claims or those reduced to final judgement. This applies also in case of cessation of payments by the seller. Other deductions ( for example postage ) are impermissible.
11. Delay of payment
The buyer who has not paid by the due date at the latest shall be deemed to be in default vis-á-vis the seller without any notice of default being required.
In the event of default of payment at the due date the buyer shall be required to pay the seller interest of 1,5% per month or part of a month and in addition 15% of each invoiced amount not paid or not paid on time, with a minimum of Euro 100,- per invoice, to cover damages and costs, in addition to any legal costs imposed onhim by the judge.
Payments are always taken as settlement of the oldest due receivables. In the event of payment through a bank, the date of payment shall be deemed to be the date the due amount is credited to the seller's account. If payment is made by cheque, the date of payment shall be the date on which the cheque is cashed by the seller.
If the buyer fails to payon time, the seller shall be entitled to demand cash payment in advance for all deliveries yet to be effected or to demand a guarantee that payment will be made on time. He shall also be entitled to cancel the contract, either wholly or partly, or to suspend further execution of the order until all due invoiced amounts have been settled.
12. Retention of title
The goods remain the property of the seller until the complete payment of all claims from delivery of goods from the entire business relationship, including side claims, damage compensation claims and cashing of checks and bills of exchange. The retention of title also remains where particular claims of the seller have been incorporated in an outstanding invoice and the balance is reflected and acknowledged.
If the goods to retention of the title have been connected to a new movable item, mixed or processed by the buyer, this applies for the seller without any obligation on it. Through the connection, mixing or processing the buyer does not acquire ownership of the new item. The seller acquires co-ownership in the new item in the case of connection, mixing or processing with the items not belonging to the seller in proportion to the outstanding invoiced value of goods under the retained title to the entire value.
Insofar as in the business relationship between the seller and the buyer a centralized authority is invoked that takes over del credere liability, the seller transfers with shipment of the goods the ownership to the centralized autority subject to the condition of payment of the purchase price by the central authority. The buyer is relieved of payment liability only with payment by the central authority.
The buyer is entitled to further sale or processing only with the consideration of the following conditions.
The buyer may sell or process the goods subject to retention of the title only in the course of ordinary business and insofar as its asset standing does not significantly deteriorate. The buyer assigns hereby the claim. with all rights, from the resale of goods subject to retention of title - including any accounts receivable - to the seller. If the goods are connected, mixed or processed and the seller has obtained co-ownership in the amount of the outstanding invoiced value, it is entitled to any purchase claim for the godds in porportion to its rights. If the buyer sells the claim within the scope of genuine factoring, the buyer assigns the claim it has against the factor to the seller to the goods. The buyer is obligated to disclose the assignment to the factor when payment on an invoice is more than 10 days overdue or when the assest's situation deteriorates significantly. The seller accepts this assignment.
Using the goods subject to retention of title for a lien or as security is impermissible. The seller is to be informed immediately of any lien seizures, with provision of information concerning the lien creditor.
If the seller takes the delivered good back in exercise of its right of retention, contract rescission only exists where the seller expressly declares it. The seller can satisfy its claims by private sale.
The buyer keeps the goods under retention of title of the seller without costs. It has to insure them within the usual scope against common dangers such as for example fire, theft and water. The buyer assigns hereby to the seller its compensation rights, which it has as a result of damages of the aforementioned type, against insurance companies or other obligated parties in the amount of the invoiced value of the goods. The seller accepts this assignment.
13. Place of Delivery and Jurisdiction
The place of delivery and jurisdiction is Bangalore, India.
14. Final clauses
In the event that one or several of the above regulations should be void, the remaining regulations will be unaffected. That regulation coming closest to the void regulation und fullfilling the spirit of the void regulation in terms of juridical and economical sence, will then be in effect.
