Conditions générales (anglais)

AA 52011 ihb Terms and conditions of delivery Version 2020.11
 
1. Prices
are subject to change without notice and, unless stated otherwise, are given as at Birsfelden and exclude packaging and assembly. In the case of express orders, postage and packaging costs are invoiced separately. A surcharge is applied to small orders. VAT is not included. New or increased customs charges, transportation costs, insurance premiums, port dues and other similar costs, increases in applicable wages, material costs, etc. as well as currency fluctuations and the like which occur after the submission of a quotation or the conclusion of an agreement and which increase the price of the goods quoted for or sold must be paid by the purchaser. The same applies to quotations submitted and agreements concluded after the outbreak of war. Certificate of Origin or traceability can simultaneously be offered for premium brand products only, exclusively at the same time when customer placing an order.
 
2. Payment conditions
30 days after the invoice date, net without any discount for prompt payment. As a rule, cheque charges are borne by the issuer. After giving notice of default, we are entitled to charge interest for late payments (standard current account interest plus 1%) as well as all charges including collection costs and fees.
 
3. Shipment
is made at the ordering party’s own risk and to his account. If the method of shipment is not specified on ordering, we reserve the right to choose a suitable method.
 
4. Packaging
is charged at cost price and cannot be returned.
 
5. Delivery time
is calculated from the day on which we are provided with complete information on how the order is to be carried out unless other arrangements have been agreed. We shall do our utmost at all times to meet the agreed delivery time; however, we reject all claims for compensation due to late delivery. We reserve the right to rescind part or the entirety of the purchase contract or to extend the delivery time due to force majeure or in the event of emergency law, pandemics, a general strike, lockout or other form of shutdown, interruption to operations, machine damage or fire, either at our premises or at those of our sub-suppliers, obstacles to transportation, war or blockade involving a country from which the materials / semi-finished products, required for the goods ordered were to have been procured, or if any other events outside our control should occur. The same right applies to a situation in which we or our subsuppliers experience problems with procuring the necessary material or personnel where rectification would involve financial sacrifices of such magnitude that neither we nor our sub-suppliers could reasonably be expected to have envisaged them at the time of submitting the quotation or concluding the agreement. The same applies to quotations submitted and agreements concluded after the outbreak of war.
 
6. Orders for goods to be delivered on demand
must reach us at least six to eight weeks before the desired delivery date, otherwise the delivery time cannot be complied with. For orders for goods to be delivered on demand, we reserve the right to deliver goods not collected within the agreed timeframe after expiry of the time for delivery and to charge for them. This applies particularly to custom-made products or to goods purchased as part of extraordinary orders. Unless agreed otherwise in dedicated agreements, goods to be delivered on demand must be purchased within one year of the order date.
 
7. Complaints
must be submitted within eight days of receipt of the goods / services in order to be considered.
 
8. Exchanges and returns
can only be made in consultation with us, and only if the goods are in their unopened original packaging and in perfect condition. Packaging shall not be modified by any stickers, labels or marks/notes on it, like prices or BOM Numbers i.e. Or goods, incorrectly stored, ordered in error, ordered as part of extraordinary orders / customized definition may not be returned or exchanged.
 
9. Custom-made products
When processing orders for custom-made products, we reserve the right to deliver up to 20% more or fewer than the ordered quantity, but at least two products too few or too many.
 
10. Warranty
We guarantee the products delivered by us in the same way as they are guaranteed by our sub-suppliers and manufacturers. This applies differently depending on the product, so we cannot refer generally to a specific duration of warranty. The respective manufacturer bears sole responsibility for product-technical data, safety-relevant information and declarations of conformity. Technical advice is of an informal nature and is therefore always to be understood without any guarantee at all.
 
11. Warranty claims
For the purposes of determining the extent of damage and the veracity of claims, products of the type affected, or parts thereof, incl. all surrounding components, must be immediately submitted to us for inspection. If spare parts are required immediately, we shall invoice these as standard orders in expectation of the results of the investigation. If we are liable to pay damages, we shall provide a credit note. Our warranty does not cover any damage or faults caused by external force, inadequate or incorrect maintenance, overloading, use of inappropriate lubricant, coolant, cleaner, or other chemical technical products, faulty installation or start-up by the customer or third party appointed by the customer, natural wear and tear, problems due to choise of inappropriate products in a certain application from technical specifications point of view, incorrect assembly or other causes outside the scope of our competences. We assume no liability for direct or indirect damage (sudden malfunction of an instrument, loss of data, loss of profit, system and/or production breakdowns arising) or loss which is caused to the purchaser or to third parties by material, manufacturing or maintenance services faults or which arises in any other manner through the use of any kind of products & goods and Services distributed or provided by Imhof Häusermann AG.
 
12. Place of performance and jurisdiction
is our legal domicile. We are however entitled to prosecute the customer at the court responsible for his registered place of business or at any other court.
 
In legal matters, only the German version shall be valid.