Conditions of Use

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Terms & Conditions of Trade

  1. Delivery will only occur according the following terms & conditions of trade. Other regulations on behalf of the customer will only be accepted upon agreement of both parties.
  2. These terms also count for the repair of the delivery.
  3. Additional agreements, changes and modifications of contract are subject to written confirmations by the Hielscher company.


Prices

  1. Valid are registered prices of the latest lists.
  2. Upon shipping, postage and freight expenses will be charged extra.
  3. If an interval of 4 months between order and delivery is the case, prices of the latest price list are valid, if a price increase is not unreasonable.


Delivery

  1. Listed dates of delivery are non-binding.
  2. In case delivery has not occurred within 6 weeks after the non-binding date of delivery, the customer can impose the Hielscher company to deliver within a fair time period (per writing) with the notice that the commodity will not be accepted after this period.
  3. Upon damage by delay of delivery and/or damage by non-fulfillment, liability of the Hielscher company upon buoyant negligence is limited to 5% of the commodity price.


Consignment and Hazard Assignment

  1. Upon shipment, the customer accounts for payment and accomplishment hazards of commodities via the haulage contractor or via the person responsible for shipment contracting. This also counts for freightless delivery.
  2. If demanded by the customer, Hielscher is obliged to contract insurance at customer’s cost.


Payment Conditions and Right of Ownership

  1. All deliveries are to be paid (net cash) within 10 days beyond the date of invoice. Repairs are due to payment hence the day of issuance.
  2. For deliveries, Hielscher determines payments to be cash on delivery.
  3. The delivered commodity stays in ownership of Hielscher until the customer has solved all debt claims.
  4. The customer can only forward the reserved commodity in a proper business process in case of an ownership right. Under this circumstance, the customer is obliged to carry the debt claim upon forwarded sales to Hielscher.


Acceptance

  1. Should the customer not acquire the commodity, Hielscher is then eligible to give the customer an extended 14-day deadline (per written statement) with the notice that the commodity will not be able to be accepted thereafter. Hielscher is then authorised to demand damage claims worth 20% of the agreed commodity price. This percentage is to be verified depending on whether Hielscher is able to prove a larger damage or the customer a smaller damage.


Guarantee

  1. Hielscher accounts for a faultless state of the delivered commodity during 6 months after delivery. This term is valid for self-fabricated products and products of other fabricators.
  2. The customer is then obliged to claim damage or flaws immediately after detection -personally or per written statement- among enclosure of the faulty commodity.
  3. Should repair or improvement not restore perfection, faulty cannot be corrected, or repair is not to be expected by the customer, the customer is eligible to cancel the contract or demand price decrease. Replacement delivery is not possible. Other claims, especially those related to damages, will not be taken in consideration - if legislated by law. Damage claims subject to other objects other than the agreed commodity are void, except when Hielscher is purposely responsible for gross or light negligence that has lead to a faulty state.
  4. Hielscher is not obliged to responsibility or to act in favour of a guarantee under the following circumstances:

    • The customer did not convey faulty state or inform Hielscher of faulty state.
    • The customer did not give Hielscher the opportunity to repair or correct the commodity, or the commodity was not handled with reasonable care.
    • The commodity was already repaired in a different store or trial of repair was initiated in general.
    • The customer tried to repair the commodity by himself after it was delivered, or made prohibited changes of any kind.
    • The customer did not abide by the instruction manual

  5. In case clause 4 of the guarantee enactment tends to be situation after Hielscher has inspected the claimed commidity, the customer is then obliged to replenish the hours of work and material expenses derived thereof.


Court of Jurisdiction

  1. For all current or future claims with regards to correspondence and business with qualified business units or persons including check and allowance claims, the Court of Jurisdiction lies in the county of the tradesman (seller).
  2. Court of Jurisdiction is also valid when the customer does not have a general, national Court of Jurisdiction, his residence or usual location is being changed or shifted during contract settlement, or his residence is not known at the time of complaint/suit. Claims on behalf of Hielscher against the customer are applicable to the customer’s Court of Jurisdiction.

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