GENERAL TERMS OF SALE AND DELIVERY
1.0. GENERAL SCOPE OF THE TERMS:
1.1. The below Terms of Sale and Delivery shall apply to the sale and deliveries made by Astech Ireland Ltd. to the Astech Ireland Ltd. customer – hereinafter called Astech and the Buyer – unless otherwise agreed in writing between the parties and unless such a separate agreement contains a provision to the effect that it shall take precedence over the present General Terms of Sale and Delivery.
1.2. The present Terms of Sale and Delivery shall, moreover, take precedence over any terms of purchase drawn up by the Buyer.
2.1. Offers made shall not be binding on Astech unless Astech has accepted Buyers order by issuing an order confirmation. If the order confirmation deviates from the Buyer’s order by any surcharge, restrictions or reservations, and the Buyer finds these changes unacceptable, the Buyer must notify Astech hereof in writing not later than seven (7) days from receipt of the order confirmation. In the event of a failure to do so, the order confirmation shall be regarded as having been accepted by the Buyer.
2.2. All consignments will be delivered in Astech standard packaging. The Buyer will be debited for the additional expenses incurred for extra packaging for airfreight etc. To the extent to which the packaging must be returned in accordance with national or international rules, this shall be for the Buyer’s account.
3.1. Delivery shall be made at the prices quoted in the order confirmation and fixed by Astech.
3.2. All prices are exclusive of VAT and are quoted subject to changes in public duties, materials and payroll costs, foreign exchange conditions and other trading conditions.
3.3 Certificate of Origin, EUR1 Certificate and other commercial certificates as well as fees for legal authorisation and special payment methods (e.g. Letter of Credit or Bank to Bank against Document) are not included in the product prices and will be invoiced separately.
3.4. The prices are quoted in € unless otherwise agreed. All prices are exclusive of VAT unless otherwise agreed.
4.1. The deliveries made shall fall due for payment upon delivery. Any part deliveries made will be invoiced separately, and such part deliveries shall also fall due for payment upon delivery. The terms of payment stated on the invoice shall take precedence over the above provisions.
4.2. In the event of any delay in payment, default interest of 1.5% will be charged for every month or part thereof from the due date of payment. The interest will be charged on the total outstanding amount incl. VAT and other expenses.
5.1. Delivery will be to customer site. The risk for the goods sold shall pass to the Buyer upon delivery of the goods to site. Delivery will be made to the address stated by the customer.
6.0. TIME OF DELIVERY:
6.1. The stated time of delivery is based on all technical specifications and information about the delivery being available when the order is placed.
6.2. The time of delivery has been stated subject to punctual delivery of materials from Astech suppliers & their sub-suppliers and, if required, supply of drawings, specifications, prepayments and samples from Buyer. Consequently, Astech makes reservations for any delays due to circumstances beyond the control of Astech.
6.3. Any statement of the time of delivery must therefore be regarded as an estimated time of delivery. Astech shall not be liable for any direct or indirect loss incurred by the Buyer in connection with delay or non-delivery.
7.1. Astech shall retain the title to the goods sold until the full, agreed purchase price has been paid.
8.0. RETURN OF GOODS:
8.1. Only new items can be returned to Astech and only after written agreement. Items must be returned undamaged and in original unbroken packing unless otherwise agreed. Returned items will be credited after deduction of a restocking fee, to be notified at time of return but not to exceed 20% of cost of returned goods.
9.0. WARRANTY AND COMPLAINTS:
9.1. All products shall be delivered to the Buyer with the same complaints provisions, which Astech receives, from his suppliers. Astech and it’s suppliers renounce any liability for the Buyer’s operating loss, loss of profits and other indirect loss. Except for these warranties and complaints provisions, the Buyer cannot claim any further product warranty or right of complaint vis-à-vis Astech.
9.2 Astech and Astech’s suppliers do not guarantee that the goods delivered have a quality performance or applicability, which meets any individual requirements or demands, as the goods have been delivered in accordance with the specifications agreed between the parties in any and all respects.
9.3. To the extent to which the Buyer has himself assigned suppliers of products, which form part of the deliveries made by Astech to the Buyer, the Buyer shall bear the risk for this in any and all respects. If any defects and deficiencies are ascertained in the goods delivered, the Buyer shall be subrogated to Astech’s rights against the supplier of the products in question.
9.4. The Buyer shall perform all relevant inspection of the goods as soon as they are received.
9.5. Complaints must be made without delay, and if Astech has not received complaints not later than four (4) weeks from delivery, the delivery shall be regarded as defect-free. All complaints shall be made in writing.
9.6. Any goods for which defects and deficiencies attributable to Astech are ascertained within a fixed time period from delivery to the customer site (Buyer to request product specific warranty period on order) and which are forwarded to Astech carriage paid and with the necessary written complaint immediately after such defects or deficiencies have been ascertained will be repaired or replaced at Astech’s discretion. Apart from the duty to remedy such defects and deficiencies, Astech shall have no liability for any loss incurred by the Buyer as a result of such defects and deficiencies. Astech shall thus never be liable for any operating loss, loss of profits or other indirect loss.
9.7. The warranty covers all defects in material and workmanship providing the equipment has been used in accordance with the instructions and has been installed in suitable conditions. The warranty does not cover costs such as freight charges, customs duty, handling fee and/or travel and accommodation for service personnel.
9.8. The warranty does not cover any parts or material, which is subject to normal wear and tear and does not cover any consumable items used in the equipment.
9.9. Astech’s liability for damages cannot exceed the value of the goods delivered.
9.10. The warranty and right of complaint shall lapse if any technical changes are made to the goods delivered by Astech to the Buyer.
9.11 Astech guarantees supply of spare parts minimum 7 years after invoice date.