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/ Conditions of Sale
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CONDITIONS
OF SALE
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1
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All quotations and sales shall be governed by the following conditions
unless other terms or conditions have been expressly stipulated in
writing.
Purchasing conditions of the Buyer shall be binding on our Company
only in so far as they are not incompatible with our Conditions of
Sale and/or in as far as they have been expressly approved by our
Company. |
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Any and all orders placed with our Company shall be deemed accepted
only at the time of our confirmation in writing. Terms and/or conditions
made or entered into with any of our employees and/or representative
shall be valid only if and when the same have been confirmed by our
Company in writing. |
3
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3a) |
All of the papers forming part of our quotations (illustrations, drawings,
weight and/or dimensional specifications) shall be deemed approximate
only unless they have been specifically designated as binding. Our
company expressly reserves the right (for itself and its suppliers)
provided this does not result in additional charges or higher prices
- of changing and/or modifying or improving constructions and/or designs. |
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3b) |
Our Company also reserves (for itself and its suppliers) all copyrights
and/or other rights in any and all estimates, drawings and other documents
and papers, whereby it is expressly to be understood that the same
shall not be made available to any third party whatsoever without
the prior approval by our Company or its suppliers. |
4 |
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The price shall be deemed to apply in sterling ex our works at Huntington,
England, exclusive of Value added tax. All other terms and conditions
shall be governed by the INCOTERMS. (if applicable). |
5 |
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The prices are based on the cost factors as of the day of the quotation.
Whenever changes in the price of materials or wage rates or fluctuations
in exchange rates occur which materially affect the prices, the prices
can be renegotiated. |
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Any
and all risks of shipment shall pass to the Buyer the moment the goods
concerned leave our premises. All damage and/or losses caused in transit
shall be borne by the Buyer. In order to protect any claims for damages
accruing out of the shipment by ship,aircraft,mail,rail,lorry or motor
car, the addressee shall be bound to procure certification of the
respective damage on the shipping documents prior to accepting the
respective shipment from the postal authorities, railways company
and/or other carrier. |
7
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For each individual order, delivery shall be separately stipulated.
The quoted delivery shall only be approximate and not binding. All
claims for damages because of late delivery shall be expressly excluded.
Acts of God and force Majeure shall entitle us either to extend delivery
correspondingly and/or revoke the contract either in part or in its
entirety. Any and all claims of the Buyer to damages arising out of
or in connection with provisions of this section shall be expressly
excluded. |
8
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Provided justified and timely complaints are lodged within five
(5) working days of receiving the merchandise concerned, our Company
will, free of charge either replace the defective items or remedy
the respective defects on the merchandise being returned. It is
expressly to be understood that any and all further claims shall
be excluded. Guarantees and warranties shall be within the Company
limits. The right of exchange and abatement shall be expressly excluded.
Returns
may only be returned after obtaining Sercal's authorisation and
must be in good condition, with complete identification, shipped
freight prepaid, in accordance with Sercal's instructions. Returned
merchandise is subject to a restocking charge. Custom-built products
may not be returned for credit.
Any
orders returned for credit, having been correctly supplied to Buyers
requisitions, will be subject to a 20% re-stocking charge. Returns
must be in a completely re-saleable condition with the original
packaging. Credits will only be made after the goods have been inspected
& confirmed as completely resalable. Refunds, credits or exchanges
will not be considered after a period of 28 days from receipt of
delivery.
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Our invoices shall be paid on a net cash basis within thirty (30)
days of the date of the respective invoice.
Whenever special arrangements have been made for the taking in payment
of promissory notes and/or bills of exchange, all of the bank charges
shall be borne by the Buyer. Bills and cheques will invariably only
be accepted subject to their being honoured as per the value on the
date on which the respective money equivalent is at the disposal of
our Company.
Whenever the Buyer defaults on payments, our Company shall be entitled
to charge reasonable interest (at 3% above bank base rate for the
time being). The aforesaid conditions shall apply to export transactions;
cash against documents or against irrevocable confirmed letter of
credit in our favor or per special stipulations.
Tax: The Buyer agrees to pay all taxes, duties, fees, charges or assessments
of any nature (but excluding income taxes) assessed or levied in connection
with performance of the Agreement. |
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Title and ownership of the merchandise supplied is to remain in our
Company until all of the payments required herein have been made by
the Buyer and in the case of payment by cheque or bill of exchange
until their having been honoured. The Buyer shall not sell, bond,
lease. Lend or otherwise dispose of the merchandise supplied without
our knowledge or agreement to such disposal until full payment has
been effected. The Buyer shall be liable for the loss of and all damage
to the said merchandise even if the same may have been incurred without
its fault or negligence. Whenever the merchandise prior to full payment
is seized, attached and/or otherwise distraining by any third party
whatsoever, the Buyer shall forthwith be bound to notify our Company
and to furnish forthwith a copy of the official record of the execution
and shall, moreover, also be bound to bear and/or reimburse any and
all costs arising out of or in connection with any such action. The
above said reservation of the title and ownership notwithstanding,
the risks of destruction and deterioration of the merchandise shall
be borne by the Buyer. |
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Place of delivery and payment shall be Huntington, England and all
disputes arising hereunder shall be settled before a competent Court
of Law in England. |
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