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LATOP HandelsgmbH - Conditions of Delivery and Payment
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Thursday, 27. June 2019  
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Conditions of Delivery and Payment

Payments are to be effected by the customer without any deductions.

Payment is considered complete when the full amount of the purchase as stated on the invoice has been made available to us in Euro.

In case of partial deliveries, payment should be made according to the terms agreed for each individual delivery.

Dates of payment must also be respected in case of delays in transport, delivery or assembly. It is inadmissible on the part of the customer to reduce or to withhold payments due to complaints, claims or counter-claims not recognised by us. Payment must also be effected when unimportant parts are missing but full use of the goods delivered is not thereby rendered impossible, or when the goods delivered require subsequent work.

Should the customer not respect the terms of payment, he will be under the obligation, without special notice, to pay interest on arrears, at the rate prevailing in the customer's place of domicile, but at least 4% above the discount rate of the Austria National Bank, unless a higher rate of interest has been agreed upon. The obligation to effect a timely payment of the invoice as stipulated by agreement is not lifted by payment of interest alone.

Goods delivered remain our property until payment has been received in full. The customer is obliged to undertake all necessary measures in order to protect such property.

The normal delivery period is approximately 14 days.

Delivery dates may be postponed:
  • when information required to carry out the order does not reach us in time or when the client subsequently changes the order
  • when impediments occur in spite of all normal precautions, i.e. epidemics, mobilisation, outbreak of war, unrest, strikes, blockades, lock-outs, important stoppages, accidents, work conflicts, late or erroneous delivery of raw materials, half and ready-made goods, breakdown of important working parts, official or other such action, transport difficulties, natural catastrophes, etc.;
  • when the customer is tardy in carrying out his undertakings or in meeting his contractual obligations, and especially when conditions of payment are not respected.
Inspection of goods before shipment is carried out within the framework of our quality control guidelines, at our expense. Further tests must be stipulated in the purchaser's contract and will be at the purchaser's expense.

The purchaser must examine the delivery within 8 days and give notice in writing of any deficiencies for which we may be held responsible under the terms of the agreement. Failure to do so, will be considered as acceptance of the delivery.

Special requests concerning shipping and insurance should be made known in advance. Shipping is at the cost of the customer. Complaints concerning means of transport should be made exclusively to the last forwarder/postal services upon receipt of the delivery or freight documents.

Insurance against damage of all kinds is the customer's responsibility. When such insurance cover is provided through our offices, it will be taken out under the name, account and responsibility of the customer.

Should assembly work be carried out by us, the general conditions covering such undertakings will apply.

During the period covered by the guarantee and at the customer's written request, we undertake to replace or repair as quickly as possible any goods proven to be faulty, failing to meet production norms, dangerous or unusable. The replaced components remain our property.

The cost of repair or replacement of faulty parts will only be met if the work is carried out in our workshops. Should the faulty parts not be repaired or replaced in our workshops, for reasons for which we cannot be held responsible, all extra costs arising from such repairs will be borne by the customer. Further claims by the customer concerning insufficient delivery and especially concerning damages or withdrawal from contractual obligations will not be admitted.

Our guarantee begins with delivery of the goods ordered, i.e. at the end of installation (in the event of our having undertaken it) and terminates after a period of 12 months.

Not included in the guarantee are defects resulting from normal wear, insufficient servicing, failure to follow instructions for use, faulty handling, inappropriate ingredients, faulty installation not carried out by us, as well as other reasons for which we cannot be held responsible.

The guarantee becomes null and void if the customer or third parties undertake alterations or repairs to the goods delivered without our written agreement or if the customer does not make the necessary provisions to limit the damage enabling us to rectify the fault.

We decline all responsibility for claims not made in writing within the warranty period.

Offers which do not specify an acceptance date are not binding.

A contract is considered binding as soon as we have received and acknowledged acceptance of an order in writing. Verbal agreements are only binding when they are confirmed in writing.

Our order confirmation is binding as far as dispatch and delivery of goods are concerned. Materials or services not mentioned therein will be invoiced separately.

Technical Information such as drawings, descriptions, photographs and so forth, as well as data regarding weight, are to be considered approximations, unless specified as exact. All such information is subject to change without any prior notice.

Technical data is to be handled by the client with discretion. It remains our property and may not be copied or reproduced, nor placed at the disposal of third parties in any form. It may only be used for servicing and operational purposes.

The customer should draw our attention to legal, administrative and other regulations which must be observed in the country of destination.

Our prices are net ex-works, including packaging, payable in Euros ( Euro), without any deductions. All additional charges, i.e. special packing, pallets, freight, insurance, import/export or transit documents, as well as certificates, legalisations, etc. are the responsibility of the customer. The customer will also bear the costs of all taxes, fees, tariffs and custom duties.

Should the cost of pallets, special packing, freight, insurance and other expenses be included in our offer or price of delivery, we undertake to conform to the usual tariffs in estimating such charges.

Price adjustments will be made following signature of contract if:
  • sliding price scales have been agreed upon;
  • a subsequent extension of delivery date, as provided for in the section Delivery Dates,
  • has come into effect;
  • the extent of the agreed delivery or service has been altered;
  • material or execution of work are subject to alterations because information provided by the client does not accurately reflect prevailing conditions or is incomplete.
We undertake to effect deliveries as per the terms of contract and to fulfil our obligations of guarantee. All further liability towards the customer (in particular regarding claims by third parties) is declined.

The place of performance for the customer and ourselves is Ohlsdorf Austria whether delivery is carried out prepaid, c.i.f., f.o.b. or otherwise. Should we undertake installation work, the site of such work shall be considered place of performance insofar as our responsibiltiy for said work is concerned.

Exclusive jurisdiction rests with the courts of law at the domicile of LATOP HandelsgmbH, or should we so choose, at the domicile of the customer or another legal address. Austria law is applicable, to the exclusion of International Civil Law, for all forms of legal transaction.

The general conditions of delivery stated herein are valid to the extent that other written agreements do not contradict them. Should special conditions be desired by the customer, they shall be valid insofar as we have given them written approval

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