Terms of payment and delivery

GENERALLY

our terms of payment and delivery are valid for all busi-nesses, also if the orderer is not completely informed about them at completition of the contract. They are accepted with placement of an order or with acceptance of the delivery. Deviated conditions of the orderer that we do not acknowledge explicitly in writing form, will  neither completely nor partly become content of a contract, also then not, if we do not contradict them. Errors and omissions are excepted.

PRICES

Our prices include the legal value-added tax, valid on day of delivery. If there is a modification regarding to the pro-duction conditions, delivery conditions or a price change due to price increase of raw materials, changes in wage and salary tariffs or due to other price increases, during the delivery time, we will be authorized without previous information to enhance the charges corresponding to the cost evolution.

DISPATCH, DELIVERY + PASSING POINT OF RESPONSIBILITY

Delivery will be executed by UPS (United Parcel Service) or by a forwarding agency from Tettnang. The delivery time begins with the confirmation of order by EFFEKTA-Regel-technik GmbH. Part deliveries are permissible and passes for an autonomous service. Delay in delivery does not occur only in case of force majeure as well as due to events which complicate the delivery considerably for the seller or make the delivery  even impossible. Included are also breakdowns, force majeure and strikes etc. in the own company, the suppliers company or the  forwarding agency. In these cases the customer cannot claim for compensation because of non-fulfilment. In case of delay in delivery, for which the EFFEKTA-Regeltechnik GmbH is responsible, the buyer is only justified to hand in his resig-nation to the contract without claims for compensation.

All responsabilities pass on to the customer as soon as the goods are dispatched to the person carrying out the transport.

TERMS OF PAYMENT

Payment is to be affected with cash on delivery or against crosscheck. delivery will only be executed after remittance of the crosscheck. Term of payment in exceptional cases: 14 days net. Another term of payment needs prior agreement.

If the customer does not comply with his debt, his payment stops or a bank does not pay in a check, the EFFEKTA-Regeltechnik GmbH is authorized to the immediate cancelling of the  contract, without special previous notice. In such cases all demands of the EFFEKTA-Regeltechnik GmbH, toward the customer, mature immediately in one amount. This is also valid if other circumstances query the customer´s creditworthiness.

COMPLAINTS

EFFEKTA-Regeltechnik GmbH has to be informed in writing form, immediately or at the latest within 24 hours after receipt of the goods, about complaints owing to incomplete delivery or externally recognizable lacks. Concealed lacks or the absence of assured quality have to be quoted in writing immediately after their discovery. We have the right for rework or to substitute delivery.

Damages incurred during transit must be reported immediately to the forwarding agency. The instructions of the forwarding agency with regard to further procedures, have to be respected. Without any instructions you are not allowed to send the damaged goods back to us.

If the correction of the same defect, in spite of three efforts, is not successful and the complaint justified, then the customer can require reduction, but not transfor-mation or substitute delivery.

The assertion of consequential damages is impossible. Instead of a reduction, EFFEKTA-Regeltechnik GmbH can offer also a substitute delivery.

The customer cannot complain about nature of the material procured by the EFFEKTA-Regeltechnik GmbH, provided that they are standard and for the planned use not considerable.

Guarantee

On our UPS we grant a guarantee of 24 months that begins on the date of invoice. With warranty claims the customer has to lead the proof in form of an invoice copy and figure out the failures. For sending backs to Tettnang, EFFEKTA-Regeltechnik GmbH does not pay the transport charges. Returned repairs that are unpaid, will not be accepted.

In case of inadmissible complaints, for example for not considering regulations or wrong treatment, we will charge you for the costs coming up for this examination.

The customer is responsible for natural usage wear, damage owing to wrong treatment, use of wrong parts, unsuitable material etc. as well as damages oncurred during transit. Transport charges are accounted seperately.

RESPONSIBILITY

Claims for compensation because of impossible execution of the service, positive demand injury, mistake during the completition of contract and because of illicit action, are neither against the EFFEKTA-Regeltechnik GmbH possible, nor against their execution-assistants, as far as there was not an intentional or grossy negligent action.

RESERVATION OF PROPRIETARY RIGHTS

The goods shall remain the property of EFFEKTA-Regeltechnik GmbH until the customer has fully paid any and all debts as of the contracting date, including the current acount balance if any.

PLACE OF PERFORMANCE + JURISDICTION

The place of performance and, as far as legally permissible, the sole place of jurisdiction for all disputes arising directly or indirectly from the contrat, schall be Tettnang.

SOFTWARE

Delivery including programs, allow the customer a simple and unrestricted use. That means that he must not copy or give them to other users. Multiple use is only legal with a special writing agreement. With violation of these regulations, the customer is liable for all arising damages.

FINAL DECLARATIONS

In the event of one clause of the present terms being or becoming void, this shall not affect the validity of all other provisions or agreements. Void terms will try to be replaced correspondantly by the contracting parties. Rights of the customer regarding to the completed contract with EFFEKTA-Regeltechnik GmbH are nontransferable. Aggreements which deviate from the above mentioned conditions, have only then validity if they are confirmed by us in writing form.

Effekta Regeltechnik GmbH, Heerstraße 55, D-78628 Rottweil, Germany Tel. +49(0)741/174510

Copyright © 2000 -2003 EFFEKTA Regeltechnik GmbH. All rights reserved. Duplication in sections or in the whole is forbidden without written permission. All specified registered trade marks and product names are to be regarded as properties of the respective holders and as such. Imprint /Impressum company.