Fireplaces For Home
General Terms of Sale and Delivery
A lasting and permanent business relationship is not built on the European Terms of Sale and Delivery but on cooperation and mutual trust. Nonetheless, we cannot avoid regulating some points as follows:
1. Applicability of the General Terms of Sale and Delivery
The Supplier's offers, the order acceptance and all deliveries shall take place exclusively on the basis of the following "General Terms of Sale and Delivery". The Purchaser's conditions of purchase are herewith expressly ruled out; they are not binding for the Supplier, even if he does not object to them again at the conclusion of the contract.
2. Offer and conclusion of contract
The Supplier's offers are without obligation and subject to a written confirmation by the Supplier, unless specifically agreed otherwise in writing. Documents pertaining to an offer, such as pictures, drawings, weights and detailed descriptions are only approximate and serve the purpose of better describing and defining the delivery item. The same applies to performance and consumption data. This data shall not constitute any guarantee for the quality or durability of the delivery item. The Supplier reserves the right to alter dimensions and weight of the item until delivery.
Should the Supplier employ a subcontractor for the shipment of goods (e.g. parcel service), the Purchaser shall consent that the e-mail address indicated by him is communicated by the Supplier to the subcontractor and that the latter uses it in relation to the delivery. This consent can be revoked by the Purchaser at any time. The Purchaser should bear in mind that, in the case of revocation, he will no longer be able to directly affect the delivery of the shipped goods. A revocation can be sent to the following address: firstname.lastname@example.org.
4. Prices and payments
The prices of Seller`s products is not permanent, and they will be changed by Seller. When the Buyer order is accepted the price for the poduct(s) can not be changed except when the Seller contact Buyer and inform for the price changes and make agreement with buyer for the new prices.
When the Buyer`s payment is verified, then the Seller will proceed order for packaging and delivery.
If the Buyer payment is not verified for 48 hours after order placing, the Seller will be forced to cancel the Buyer`s order and inform the Buyer for this.
5. Compensation and withholding
The compensation with counter-claims is permitted only with
undisputed, legally established or recognized claims.
The exercise of a withholding right is permitted only for undisputed, legally established or recognized claims as well as for claims arising from the same contract relationship.
6. Delivery time
The delivery time starts on the day of the order confirmation dispatch and is complied with if the goods leave the factory by the end of the delivery time.
In the event that, due to reasons we are not responsible for and despite congruent covering (i.e. quality and quantity as agreed upon with the customer), we do not receive or receive incorrect or delayed deliveries or services from our sub-suppliers or subcontractors or due to force majeure, i.e. service hindrances that we are not responsible for during over 14 calendar days, we shall inform our customers in writing in due time. In this case we are entitled to postpone the delivery or service by the duration of the hindrance, or to partially or fully withdraw from the contract in relation to the part thereof not yet fulfilled, provided that we complied with our duty to give information and neither we took the risk of procurement or production nor is the service hindrance merely temporary in nature. Force majeure refers to strikes, lockouts, measures of the authorities, shortage of raw material and energy, transport failures and service hindrances beyond our control such as fire, water and machinery damages and any other obstacle that, from an objective point of view, has not been caused by our fault.
In the case of binding delivery or service dates and deadlines agreed upon which are exceeded by more than four weeks due to circumstances as per article 5par. above, or if in case of non-binding deadline the customer cannot be objectively expected to stick to the contract, then the customer is entitled to withdraw from the contract for the part thereof that has not been fulfilled. In this case further claims of the customer, in particular claims for damages, shall be excluded.
The Supplier shall not be liable for the aforesaid circumstances even if they occur when his performance is already delayed.
If the Purchaser suffers damage due to a delay arisen through the Supplier's own fault, the Purchaser may demand compensation for the delay at the exclusion of other claims. It amounts to 0,5 % for each full week of delay but only to a maximum of 5% of the value of the part which, as a result of the delay, cannot be used in good time or according to the contract.
The proof of higher or lower storage fees shall remain reserved to the contracting parties. The compliance with the delivery deadline implies the completion of the Purchaser's contract obligations.
7. Transfer of risk and acceptance
The risks shall be transferred to the Purchaser at the
latest when the delivery item is dispatched, even in the case of partial
shipments or if the Supplier has undertaken also other services. At Purchaser's
request transport insurance may be arranged by the Supplier against theft,
break, transport, fire or water damages or other insurable risks.
Should the delivery, which can be carried out by rail or truck according to the Supplier, be delayed due to fault of the Purchaser, the risks are passed on to the Purchaser at the date of readiness for shipment; however, the Supplier shall be obliged to take out the insurances that the Purchaser may wish, at the Purchaser's request and expenses. Delivered items, even when they show negligible defects, are to be accepted by the Purchaser, irrespective of the rights under section 6.
Partial shipments are permitted.
8. Liability for defective delivery
In the case of a defect in the item it shall be repaired, or supplied again, at the discretion of the Supplier; replaced parts shall become the property of the Supplier.
If the Seller send new part or tool for replace the defected part or tool, The Buyer should do it by it self without any other compensation for labor or technical third part support and expenses.
No liability shall be assumed for damage arising from improper installation, faulty maintenance, faulty connection, natural wear or substitute materials.
c) All the defects caused form transportation from Seller warehouse to the Buyer address must be described and reported in the frame when the delivery partner deliver the order