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Delivery and delivery times
Goods are dispatched ex works, and the order shall be considered delivered from the time the goods are accepted by a third-party carrier.
Idé-Pro Skive (Seller) take reservations for strikes, lockout, force majeure or accidents in casting or transportation, that may lead to work being halted, prevent procurement of the necessary materials or delay despatch of goods. These conditions shall apply to both our own factory and those of our vendors.
We are obligated to inform the customer without delay of the occurrence of any such incidents at the earliest possible opportunity.
A delivery shall only include the elements and services stated in the quotation and order confirmation.
Delivery times in quotation are with reservation for intermediate sales and are estimations only, unless otherwise agreed in writing. All confirmed orders shall be carried out as fast as possible accordingly to time of order receival. We are not to be held liable for losses resulting from late delivery.
Price.
The price shall only be binding on us if upon receipt of a final, specified order, we have or can procure goods to the prices, exchange rates, delivery times and other conditions we have estimated and used as the basis for our quotation/sale. The prices quoted shall in all other respects only be valid if manufacturing costs do not increase significantly prior to delivery and the same shall apply to delays related to the conditions named above.
Quantity and weight.
For manufacturing purposes, we reserve the right to increase or reduce the quantity ordered upon delivery by up to 10%. In the event of a complaint over quantity or weight deviations, the goods shall be inspected when representatives of both parties are present or weighed on an authorised scale and the costs to be paid by the party proven wrong.
Payment terms.
Payment shall be made on or before the date stated in the quotation or order confirmation. Currency exchange fees to be paid by the customer.
Packaging.
Packaging will be invoiced if not included in quoted pricing. Returned packaging material will not be accepted unless otherwise agreed.
Complaints.
Complaints may be made no later than 8 days after receipt of goods or invoice. Goods that because of manufacturing defect may be unusable, shall be repaired or replaced at no cost, when the defective goods have been promptly returned. We cannot be held liable for any additional compensation of costs related to the complaint.
Tools.
Tools debited in whole or in part are retained at Idé-Pro Skive’s storage and used only to produce that customer’s orders and are not handed over to the customer. Production takes place when tool is fully paid by the customer.
Tools owned by customer are assumed insured by the customer and therefore insurance of tools are not included in quotation from Idé-Pro. Prototype tools are as standard stored 5 years after last production batch – hereafter Idé-Pro will proceed with scrapping if not otherwise agreed.
Product liability.
As from today’s date and with regard to the terms of our product liability insurance, we shall supplement our general sales and delivery terms with §36 of “General Terms and Conditions of Delivery NL92”, reproduced below:
Liability for damage caused by the material (product liability).
The Purchaser shall indemnify Seller, to the extent that the Seller is hold liable to a third party, for such damage and loss that the Seller in accordance with the second and third articles of this clause are not liable.
The Seller shall not be liable for damages caused by the material:
Under no circumstances shall the Seller be held liable for loss of earnings, loss of profits or other financial consequential loss.
The limitations to the Seller’s liability stated shall not apply in the event of gross negligence on the Seller’s part.
In the event of a third party making a claim against one of the parties for compensation with regard to this article, that party shall advise the other party immediately.
Seller and Purchaser are mutually obliged to submit to the judgement of the court or arbitration court that may consider a compensation claim raised against them due to damage or loss allegedly caused by the material.
The mutual relationship between Purchaser and Seller shall however always be decided by a court of arbitration in accordance with article 40.