General Terms and Conditions
Terms and Conditions of Delivery and Payment
Unless otherwise expressly agreed by the company in writing, these conditions shall apply to all contracts for the supply of goods entered into by the Company with any Customer.No servant or agent of the Company acting on his own should have the power to alter or in any way vary these conditions. Any attempt by the Customer to vary these conditions or to substitute alternative conditions whether in writing or otherwise shall be of no effect.
2. Offers, documents
All off ers made by the Company are not binding. Technical data in brochures, catalogues, printed matter, advertisements, circulars and price lists represent the status at the time of printing and are approximations. The documentation comprised by the off er does not constitute a warranty of quality or of durability. They merely serve to present a general idea of the goods described therein, and may not be passed to third parties.
All orders are binding by the customer. We are bound only by our written confirmation.
4. Price and Payment
(1) Save where expressly stated all prices quoted are exclusive of value added tax.
(2) The Company reserves the right at any time to alter any of its prices without notice. In respect of goods delivered after any such change of price, the price charged shall be the price ruling at the date of dispatch of the goods by the Company, unless specifi cally agreed other wise in writing.
(3) Unless otherwise agreed all prices are net and shall not be subject to any discount. Accounts shall be due for payment not later than 30 days after the date the invoice was issued („the Due Date“). Time for payment shall be of the essence.
(4) If payment remains outstanding after the Due Date the Company may withhold further deliveries of the Goods and/or: (4.1) terminate the Contract in whole or in part and seek to cover damages for breach of contract.
Any dates quoted for delivery are estimated only and time shall not be of the essence of the contract.
6. Force Majeure
The Company shall be under no liability if it is unable to carry out any order (including delays and delivery) for any reason beyond its control including, without prejudice the generality of for going, Act of God, fire, inclement or exceptional weather conditions, official or unofficial industrial action, hostilities, shortage of labor, materials, power or other supplies, governmental order or intervention or any other cause whatsoever beyond the Company‘s control or of an unexpected or exceptional nature.
In no circumstances whatsoever shall the Company be liable for consequential loss and in any event the liability of the Company shall be limited to the cost of replacing the goods supplied to us.
1) Any and all risks pass to the Customer as the goods leave our premises. This is also the case when shipment is carried out with our own means of transport.
2) If shipment is delayed for reasons outside our responsibility, any and all risks pass to the Customer upon readiness for shipment.
3) Should the Customer not take the goods immediately upon delivery, we will store the goods if possible, at the Customer‘s risk. Such storage of goods does not release the Customer from his payment duty after we have made the goods available.
4) Shipments from Blickle Germany directly to the customer are subject to the customer‘s risk and peril. Carriers for such shipments are to the customer‘s choice. All Shipping charges including customs, duty, broker and other handling fees are the customer‘s and the receiver‘s responsibilities. All charges will be applied on customer‘s carrier account number. Any requests for direct shipments will be confi rmed in writing (fax and / or e-mail) by the customer to our inside sales representatives.
The company may choose not to inventory in North America certain items off ered from its product range. These items will be available for shipments under the fi nal sale policy without possibility of return.
1) The Customer is required to inspect the goods immediately upon reception and shall within 7 days from such reception give notice in writing to us of any matter whereof the Customer may allege that the goods are not in accordance with the order.
2) Should the Customer fail to give such notice the goods will be deemed to be in all respects in accordance with the order and the Customer shall be deemed to have accepted the goods accordingly. 3) The Purchaser shall give us written notice of any hidden defects within 14 days of their discovery.
Ownership in any goods supplied by the Company shall not pass to the Customer until payment for such goods has been received by the Company in full. Until the time of actual payment to the Company of the total amount owing in respect of goods the Customer shall hold the goods for the Company as bailee and shall store the goods in such a way as to be clearly identifiable as the property of the Company.
The Company will not accept return of any goods after 15 days past the shipment date. All accepted returns must have an RMA (Return Merchandise Authorization) number confi rmed in writing by our inside sales representatives. Returns without proper RMA will not be accepted by our receiving department. Goods returned are subject to a 15% restocking charge.