General Terms and Conditions of Sales
All orders and deliveries are made subject to the terms and conditions as herein set out. Any conditions stipulated by the Customer which are in contradiction of our general conditions of supply shall be valid only if expressly acknowledged by us in writing. Any local general terms and conditions or specific conditions of sales shall take precedence over the above; these terms and conditions as herein set out shall be applicable if any loopholes, contradictions or uncertainties should arise.
Special conditions apply for software. We guarantee that software can be operated under the specified computer operating systems. We grant no warranty for functionality, completeness, accuracy or timeliness. The purchase of software provides the right for use on one system only. The software may not be reproduced, copied or transmitted in any way whatsoever.
Quotations given by us are valid for 30 days and are confidential. If the Customer does not place a purchase order according to our quotation, the Customer will return all specifications and documents upon our request.
All prices are in the indicated currency. We reserve the right to modify prices for goods not yet delivered if circumstances so require and to notify the Customer as soon as possible unless otherwise stated in the order documentation. Special or seaworthy packaging is subject to extra charge.
5. Payment Terms
Except and to the extent otherwise stipulated, payment is against 100% LC or advanced payment. Checks and money drafts are not regarded as constituting payment until they have cleared.
6. Overdue Accounts
If the Customer delays in payment, he shall be liable without reminder, If the payment intervals is beyond 30 days, the interests will be added to above amount with effect from the agreed date on which the payment was due:
31-45 days from invoice date: 1.5% will be added to above inovice amount
46-60 days from invoice date: 3% will be added to above inovice amount
61-90 days from invoice date: 5% will be added to above inovice amount
Over 90 days from invoice date: credit time will be cancelled in the future.
If the customer does not pay on time, the seller has the right to cancel the order and dispose the goods.
7. Delivery Times
Whilst we will do our best to adhere to any promise of delivery time, delivery shall not be deemed to be of the essence of the contract nor shall the delay be a ground for a claim in respect of damages or cancellation. Part shipments are allowed.
8. Call-off Orders
If the buyer wish to cancel the contract or any part of the contracts. The Buyer shall give written notice to the Seller, if the products are standard products and have not been delivered out from Manufacture, The seller accept the written notice for cancellation of contract. But the Buyer will pay a cancellation fee CHF200.00 or 15% of the contract value whichever is higher as lliquildated
9. Return Material
We accept returned material only if a Return MaterialAuthorization has been obtained from us. We accept no returns for any products specifically manufactured for the Customer. Material received without any prior authorization will be returned at the Customer's expense.A fee for administrative cost and product inspection will belevied on the customer.
10. Warranties and Guarantees
Any other claims excluded and upon written request of the Customer, we undertake at our discretion to repair, replace or credit as quickly as possible any parts of the goods which, before the expiry of the guarantee period – a maximum of 12 months from the date of delivery - are proved to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become our property. The Customer shall bear the costs of remedying (i.e. removing, transporting, and reinstalling) the defective parts. Excluded from our guarantee and liability are all deficiencies in the goods delivered by us, which cannot be proved to have their origin in bad material, faulty design or poor workmanship, those resulting from normal wear (e.g. current consumption, recuperation, weather conditions, air pollution, prohibited electromagnetic effects), improper maintenance, failure to observe the operating instructions, excessive loading, testing, use of any unsuitable material, influence of chemical or electrolytic action, or resulting from other reasons beyond the supplier's control. All claims on the part of the Customer, irrespective of the grounds on which they are based, which are not allowed under these general conditions, in particular any claim not expressly mentioned, such as for damages, reduction of price or withdrawal from the contract, are excluded. In no case whatsoever shall the Customer be entitled to claim damages, in particular but not only for loss of production, loss of use, loss of orders, loss of profit and other direct or indirect or consequential damage. This exclusion of liability, however, does not apply to unlawful intent or gross negligence on our part, but does apply to unlawful intent or gross negligence of persons employed or appointed by us to perform any of our obligations. It is the customer’s responsibility to arrange and pay for the return shipment to us or to our local representative.
11. Force Majeure
For the purpose of this contract, force majeure means any events or circumstances outside the Seller’s reasonable control, including but not limited to, strikes, Act of Gods or any other form of industrial action.
12. Claims (Complaints)
Customer claims must be submitted in written form immediately upon receipt of goods or immediately upon detection of hidden faults.
13. Ownership of Goods
Ownership of the goods sold shall, notwithstanding delivery, or attachment of these to other property, remain with us until we have received full payment for them.
14. Pledge or Lien
The customer shall have no pledge or lien on the property of the manufacturer.
15. Applicable Law
These General Terms and Conditions of Sale and all contracts concluded between the parties to the contract shall be governed by Hong Kong Law
16. Technical Specifications
Unless otherwise agreed upon, brochures and catalogues are not binding. Data provided for in documentation are only binding in so far as expressly stipulated as such. We reserve the right to modify any specification without notice.