erms and Conditions of Use for RPM Metal Website

RPM Metal Industries Terms And Conditions

PARTIES

This sale of goods and products (“Goods”) described in the Contract Documents, as defined below, is between RPM METAL INDUSTRIES, a Partnership Firm, with an office at GIDC-1, Shankar Tekri Udhyognagar, Shed No. SP-405-B, Near, Jamnagar Transport,Jamnagar-361004 (Gujarat) India

(“Seller”), and the party placing the order or accepting Seller’s quotation (“Buyer”) named in the Seller’s Order Acknowledgement (the “OA”).

Delivery Penalty & Policy:

DELIVERY AND LEAD TIMES
Lead times provided are approximate, and there may be a variation of up to one (1) month, even if a delivery date has been agreed upon with the customer, unless a fixed delivery date has been agreed upon in writing. Confirmed delivery dates are subject to the correct, complete, and punctual delivery of goods to our premises. A lead time is considered to be on schedule if the delivered item leaves our factory before the expiry of the deadline, or if we have informed the customer of its readiness for dispatch. The lead time does not come into effect for as long as the customer has not fulfilled their obligations, such as providing technical details and documents, loan approvals, part payments, or guarantees of payment.
We reserve the right to carry out partial deliveries deemed reasonable by the customer and not subsequently detrimental to usage. We may deliver goods in instalments, insofar as they are deemed reasonable by the buyer and will not disrupt the production process. Each instalment shall be invoiced and paid for separately as though it constituted a separate contract. Shipments made thirty (30) days after the specified delivery date, if the date is so specified, shall constitute good delivery unless a firm delivery date is agreed upon in writing.
Any delay in delivery or defect in an instalment shall not entitle the Buyer to cancel any other instalment or delay payment for prior delivery. The quantity of any instalment of goods recorded by Seller dispatch from our facility is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
Seller’s Liability for Non-Delivery of Goods: The Seller shall not be held liable for any non-delivery of Goods, even if caused by the Seller’s negligence, unless the Buyer provides a written notice to the Seller within seven (7) business days of the date when the Goods would ordinarily have been received. In the event of non-delivery, the liability of the Seller shall be limited to either replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. The occurrence of force majeure events, industrial action measures such as strikes or lockouts, or other circumstances beyond the control of the Seller, which make it impossible to complete an order within the deadline, releases the Seller from its delivery obligations for the duration of their occurrence.

Prohibition of Return of Defect-Free Goods: In principle, the return of sold, defect-free Goods is prohibited.

Customer’s Financial Position and Delivery Obligations: Applications for insolvency, declarations as per Indian Government Law, emergent payment difficulties, or signs of significant deterioration in the customer’s financial position entitle the Seller to call off deliveries immediately and to refuse the fulfillment of current contracts until the customer provides consideration in return or appropriate security at the Seller’s request. The customer cannot withdraw from the contract or demand damage compensation.
Collection and Delivery of Goods: If the parties have agreed that the Customer shall collect the Goods, the Customer shall collect them from the Supplier’s premises as set out in the Order within 3 Business Days of the Supplier notifying the Customer that the Goods are ready. Otherwise, the Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready. Delivery of the Goods shall be completed in the case of the customer collection on the goods’ arrival at the Supplier’s premises as set out in the Order or in the case of Supplier delivery on the goods’ arrival at the Delivery Location.
Seller’s Liability for Failure to Deliver Goods: If the Seller (RPM Metal Industries) fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Return of Defective Goods: The Supplier shall not accept the return of Goods by the Customer to the Seller unless the Goods are defective, in which case the Customer may only return the Goods if asked to do so by the Supplier in accordance with the clause of QUALITY POLICY. The Supplier shall not accept the return of any packaging materials by the Customer to the Supplier and shall not be responsible for any costs incurred by the Customer in attempting such return. The Supplier may accept the Customer’s own packaging for packing of the Goods, but in such case shall have no responsibility for any losses or damage occurring as a result of the use of the Customer’s own packaging.

2) DISPATCH AND TRANSFER OF LIABILITY:

The following terms apply to the transfer of liability for goods being delivered:

Upon departure from our factory premises, the liability for delivery is transferred to the customer.
If dispatch is delayed due to reasons beyond our control and for which we are not responsible, the liability is transferred to the customer as soon as the goods are ready for dispatch.
For goods being delivered, the risk shall pass to the customer upon delivery. In cases where the customer collects the goods, the risk shall pass upon loading the goods onto the customer’s vehicle at our premises.

3) PACKAGING:

We do not accept the return of single-use packaging.

4) SECURITIES:

Ownership of all delivered goods remains with us until all receivables, including partial and incidental ones, owed to us by the customer within the scope of our business relationship have been paid. This means that all deliveries are considered as one comprehensive delivery transaction. Reserved ownership serves as a security for receivables due, including future receivables.

The customer is permitted to sell the purchased item in the ordinary course of business and may also process or combine it. By doing so, the customer assigns to us all receivables resulting from subsequent disposal, processing, combination, or other legal reasons relating to the purchase item, up to the value of the invoiced total (including VAT). “Subsequent disposal” refers to usage made by the customer for the purpose of contracts of manufacture or supply.

The ownership claim extends to products resulting from the processing, mixing, or combination of our goods at their full value, and we are considered the manufacturers of these products. If the processing, mixing, or combination with goods of a third party results in their proprietary rights, we acquire co-ownership in proportion to the objective value of these goods. If our ownership expires due to the combination or mixing of goods, the customer assigns us their ownership and/or reversion rights to the new stock or item up to the invoiced amount of the goods supplied by us, and safeguards them for us free of charge.

Despite the assignment of their rights, the customer can call in receivables arising from subsequent disposal, as long as we have not withdrawn this entitlement. We will not call in the receivables ourselves, provided that the customer fulfills their payment obligations towards us. At our first written request, the customer must provide us with the details of the debtors of the assigned receivables and inform the debtors of the assignment.

In accordance with clause 4.2, we have the right to withdraw the customer’s right to further disposal and collection of receivables assigned to us immediately if the customer defaults on payments due to us, encounters payment difficulties due to a significant deterioration in their financial position, or fails to fulfill their commitments towards us accordingly. If the customer applies for insolvency, defaults on payment, makes a declaration in lieu of an oath as per Indian Government Law, or undergoes changes in ownership of their company due to payment difficulties, the right to further disposal and collection of receivables assigned to us will expire automatically.

The customer must safeguard the items forming part of our (joint) property with the care of a respectable trader and free of charge, and ensure these items against fire

burglary and other risks.

The customer is prohibited from mortgaging or pawning any supplied goods that are subject to reservation of proprietary rights, including burglary and other risks. If a third party seizes or otherwise prejudices our proprietary rights, the customer must immediately inform us and confirm the proprietary rights in writing to both us and the third party. Any costs incurred by us despite the successful outcome of a legal dispute will be borne by the customer.

Applications for insolvency, declarations in lieu of an oath as per Indian Government Law, or signs of significant deterioration in the customer’s financial position that pose a serious threat to our payment claim and entitle us to cancel the contract also entitle us to recover the goods. The customer agrees to such recovery, and the Parties agree that we will refund or otherwise settle the costs at the usual market value at the time of recovery. Recovery of goods is only considered a withdrawal from the contract if expressly stated by us. The customer bears the costs incurred by recovery, such as transportation costs. If there has been no official notice of withdrawal, the customer may request the delivery of recovered goods only after paying the full purchase price and all other costs.

We will not collect securities owed to us if the value of our securities exceeds the nominal value of the securable receivables by 20%. The customer may request the express removal of supplied goods from the reserved property as long as the over collaterisation does not exceed 20%.

5) DELAYS

In the event that shipment or delivery of Goods is delayed for any reason caused by the Buyer or within its control, including requests for changes to Goods, the following shall apply: (i) The risk of loss to Goods shall pass to the Buyer; (ii) The Goods shall be deemed to have been delivered; and (iii) The Seller, at its option, may store the Goods until the Buyer picks them up, whereupon the Buyer shall be liable for all related costs and expenses, including storage and insurance.

The Seller shall not be liable for any delay in the performance of this Contract, or in the delivery or shipment of Goods, or for any damages suffered by the Buyer by reason of such delay, when such delay is directly or indirectly caused by, or in any manner arises from, fires, floods, accidents, riots, acts of God, war, terror or insurrection, governmental interference or embargoes (whether by priorities, rationing or otherwise), strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, transportation delays or any other cause beyond the Seller’s control, whether or not similar to any of the foregoing. In such an event, the Seller shall have the right, at its option, to cancel the Contract in whole or in part without any resulting liability and to allocate production and deliveries among customers.

Product Liability & Policy:

Liability

We, our staff or associates shall be liable for all types of damage compensation claims arising from faults in conclusion of the contract, breach of obligations and unauthorized actions if found guilty of intentional misdemeanor or gross negligence.
We shall also be liable for damage resulting from death, bodily harm, compromised health, breach of guarantee or breach of basic contractual obligations caused by slight negligence. In case of breach of basic contractual obligations, our liability shall be limited to foreseeable, contractually standard, and direct average damages, depending on the type of goods. This provision is also applicable to contractual breaches committed by our staff and associates.
We shall be liable for breached protection rights if these rights are violated during the valid contractual use of our goods, provided that these rights are valid in the INDIA and published at the time of delivery. However, this provision does not apply if we have manufactured the supplied items based on drawings and models or similar descriptions provided by the customer, and we are not aware of the violation of protection rights resulting from products developed by us.
Our liability under the provisions of product liability law remains unaffected by the above provisions.
The statute of limitations for claims arising from defects in delivered products becomes effective one year after product acceptance, but not exceeding 14 months after the transfer of risk, unless the acceptance is delayed for reasons beyond the customer’s control. This provision does not apply to an item that has been used for building and has resulted in the building’s defectiveness, in which case the statute of limitations becomes effective after five years.
Reduction and withdrawal claims are not accepted once the statute of limitations for rectification claims has come into effect.
Claims associated with the manufacturer’s right of recourse remain unaffected by this paragraph.
We shall not be held liable for any claims beyond those specified in this policy.

Note: The above policy provides guidelines on our liability for damages and product defects. It is important for customers to review this policy before using our products.

LIMITED WARRANTY AND LIABILITY

© The sole and exclusive warranty provided herein is that Goods sold conform to Buyer’s specifications (if provided) and are warranted to be free from defects in material or workmanship as established by Seller’s standards of acceptable quality. This express warranty is in lieu of all other warranties, express or implied. Buyer’s remedy under this warranty is to have its account credited with the invoice amount, or at Seller’s sole option to have any Goods which contain manufacturing defects at variance with Seller’s standards, or any Buyer specifications, replaced or repaired, provided the specific defect is reported to Seller within sixty (60) days after the date of initial shipment.

Every claim under this warranty shall be deemed waived by Buyer and this warranty void if:

(i) such claim is not made in writing within the said sixty (60) day period; (ii) Goods are not operated, maintained, stored, installed, integrated or commissioned in accordance with the oral or written instructions furnished by Seller or are repaired or maintained without Seller’s express authorization; (iii) Goods are injured or damaged as a result of water, fire, misuse, accident, or neglect; (iv) Goods are modified or altered; or (v) any required documentation and information relating to such Goods, including technical details, drawings, plans, or specifications provided by Buyer are inaccurate.

Defective Goods may be returned to Seller only after Seller’s inspection and then only upon receipt of Seller’s authorization and definite instructions for said return received from Seller. Any Goods returned without Seller’s advance written instructions will not be received for replacement, repair or credit. In no event may defect-free Goods be returned.

© The foregoing warranty is expressly in lieu of any and all other warranties, and seller disclaims any and all other express warranties and all implied warranties with respect to Goods, including any:

(i) warranty of merchantability; or (ii) warranty of fitness for a particular purpose, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.

© 3.1. Seller’s liability is limited to the original selling price of goods to be supplied under the contract documents. Under no circumstances shall seller be liable to buyer or any other person for any incidental, consequential or special damages, losses or expenses arising directly or indirectly from this contract or its performance or in connection with the storage, use of (or lack of use), or inability to use goods for any purpose whatsoever or for injury to person or damage to or loss of property or value caused by any of the goods.

© 3.2. Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable), fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or other any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

(a) the Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of production capacity, loss of business, or any indirect or consequential loss arising under or in connection with the Contract; and (b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods

4) INTELLECTUAL PROPERTY RIGHTS

The Buyer acknowledges that all Goods sold to them may be subject to patent, copyright, and trademark laws, and assumes all liability for such matters. The Buyer agrees to indemnify and hold the Seller harmless from any loss, cost, claim, expense, or liability resulting from any infringement of letters patent, trademarks, or copyrights arising in connection with the sale or use of any item covered by the contract or the Buyer’s specifications. The Buyer agrees to promptly pay any judgment or recovery obtained against the Seller and to pay the reasonable costs and expenses incurred by the Seller in defending and settling such claims. The Buyer will notify the Seller in writing of any claims brought against them alleging infringement of any patent, trademark, copyright, tradename, license, or other proprietary right of other parties. The Seller shall have the right to defend such claims at the Buyer’s expense, including the right to approve counsel and to hire its own counsel to participate in any litigation.

5) CONFIDENTIALITY

In the event of any delay in shipment or delivery caused by the Buyer, including requests for changes to Goods, the risk of loss shall pass to the Buyer, and the Goods shall be deemed delivered. The Seller may store the Goods until the Buyer picks them up, at which time the Buyer shall be liable for all related costs and expenses, including storage and insurance.

Any designs, sketches, engineering drawings, proofs, or other materials created by the Seller are submitted in confidence and shall not be disclosed by the Buyer to any third party without the Seller’s written consent. Unless otherwise agreed in writing, all copyrights or patents protecting such materials shall be owned by the Seller.

SUBJECT TO JURISDICTION

PLACE OF PERFORMANCE, PLACE OF JURISDICTION, OTHER AGREEMENTS

The customer is only entitled to bring claims arising from the contract subject to our prior agreement. The place of performance for all claims arising from business ties and specifically from our deliveries is the place from which the delivery was performed. The place of jurisdiction for all claims arising from business ties and specifically from our deliveries is that of the current head office of the RPM Metal Industries Group member responsible for the delivered item. This place of jurisdiction also applies to disputes regarding the conclusion and effectiveness of the contract. However, we are also entitled to bring an action against the customer before the competent courts for their head office. The law of the Indian Constitution Legal System applies exclusively, without the possibility of recourse to its international private legislation, insofar as it refers to the validity of another legal system. The application of the United Nations Convention on Contracts for the International Sale of Goods is not admissible.

THIRD PARTY RIGHTS

A person who is not a party to the Contract shall not have any rights under or in connection with it.

GOVERNING LAW AND JURISDICTION

The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Indian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of India, save that the parties irrevocably agree, for the sole benefit of the Supplier, that the Supplier may bring a claim in any court of competent jurisdiction. Any contract resulting from the Seller’s quotation or acceptance of a purchase order, and all obligations of the parties thereto, shall be construed in accordance with, and all disputes governed by, the laws of the Indian Legal System (without reference to its conflicts of laws rules), including provisions of the Uniform Commercial Code as adopted by Indian Law. The parties expressly reject the applicability to any such contract of the United Nations Convention on Contracts for the International Sale of Goods. Seller and Buyer submit to the exclusive jurisdiction of the courts, both State and National, located in India, in the event of any proceedings therein in connection herewith brought by either of them. Any claim arising out of the Contract shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party.

MEDIATION

The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Commercial Mediation Rules of the Indian Arbitration Association currently in effect. The request for mediation shall be filed in writing with the other party to the Contract and with the Indian Arbitration Association. The request may be made concurrently with the filing of a civil action but, in such an event, mediation shall proceed in advance of legal or equitable proceedings which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or by court order. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in Seller’s State & Country, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

Limitation of Actions No action, regardless of form, arising out of any contract with the Buyer, may be commenced more than one (1) year after the cause of action has accrued, except an action for non-payment. The Buyer shall reimburse the Seller for any attorney’s fees and other legal expenses incurred in enforcing or defending its rights under any contract arising from Seller’s quotation or an acceptance of the Buyer’s purchase order.
Export Compliance Any purchase order directed to the Seller for any Goods quoted to the Buyer must contain the statement: “REPRESENTATIONS AND AGREEMENTS OF COMPLIANCE WITH INDIAN EXPORT LAWS AND REGULATIONS ACCEPTED.” Failure to include such a phrase may result in the rejection of the purchase order.

Prices and Payment Our prices are given in INR/EURO/USD/GBP. Ex works for domestic customers, Ex Works, FOB, CIF, DDU for foreign customers, exclusive of (a) all sales, value-added, use, excise, and similar taxes, including, without limitation, taxes on manufacture, sales and receipts, and (b) all costs of transportation, packaging, insurance, and any other costs incurred in respect of shipping and delivery, including export and import duties. All such taxes and costs will be added to the Seller’s invoice and paid by the Buyer. Prices are based on current costs and are therefore subject to change up to a maximum of 5% to account for foreign exchange fluctuations, changes in the cost of materials, and other direct costs beyond the Seller’s control, provided twenty (20) days’ notice is given to the Buyer prior to the delivery date.

Unforeseen changes in the cost of raw materials, labor, material, and energy beyond our control entitle us to adjust our prices accordingly, up to 5%, if at least four (4) weeks lie between the conclusion of the contract and the anticipated delivery date. In the event of part deliveries, each delivery may be invoiced separately. If no prices have been set upon the conclusion of the contract, we shall apply the price in effect on the day of delivery.

If no other payment arrangements have been agreed upon in writing, our invoices fall due for payment immediately with no deductions. We are not obliged to accept bills of exchange, cheques, and other promissory notes; they are always accepted for the sake of fulfilment. The date of receipt of payment is the date on which the amount is made available to us or has been credited to our bank account. If the customer delays payment, we are entitled to charge interest at a rate of 8 % p.a. above the basic interest rate for the duration of the default period. This does not restrict our right to demand further damage compensation.

If the customer is unable to pay, all receivables owed by the customer from this and other contracts fall due immediately. Furthermore, deliveries forming part of this or of other contracts may be detached from a previous security or a step-by-step payment method. We do not allow interest on advance and/or interim payments. The customer is not entitled to offset or withhold payments if their counterclaim is undisputed or deemed to be legally valid by us. Terms of payment are unless otherwise specified on the face of the Seller’s quotation. Payment shall not be deemed to have been received by the Seller unless and until the respective amounts have been finally credited to the Seller. All payments shall be made in the currency of respective invoices, without any right of setoff or deduction, and all bank fees and charges shall be borne by the Buyer. For export shipments, the Seller reserves the right, prior to the manufacture of any Goods, to require payment pursuant to an irrevocable letter of credit issued by a financial institution acceptable

We reserve the right to refuse bills of exchange, cheques, and other promissory notes, and we only accept them for the purpose of fulfilling obligations.

The date of payment receipt is considered the date on which the amount is made available to us or credited to our bank account. In case of delayed payment, we have the right to charge interest at a rate of 8% p.a. above the basic interest rate for the default period. This right does not limit our ability to demand additional compensation for damages.

If the customer is unable to make payments, all amounts owed to us by the customer from this or any other contract become immediately due. Additionally, any deliveries associated with this or other contracts may be separated from previous security or step-by-step payment arrangements.

We do not allow interest on advance or interim payments.

The customer cannot offset or withhold payments if their counterclaim is undisputed or deemed legally valid by us. Unless otherwise specified on the Seller’s quotation, payment terms are to be followed. Payment is not considered received by the Seller until the respective amounts are credited to the Seller’s account. Payment must be made in the currency specified in the respective invoices, without any right of setoff or deduction. Any bank fees or charges shall be borne by the Buyer. For export shipments, the Seller may require payment through an irrevocable letter of credit issued by a financial institution acceptable to the Seller or through a documentary draft specified on the front of the Seller’s quotation or acceptance. The Seller may also opt for credit risk insurance, in which case the premium is added to the price. Any payment terms specified on the front of the Seller’s quotation take precedence over any conflicting parts of this section. The Seller reserves the right to impose a monthly service charge of 1.5% on invoices that are unpaid after the due date.

If the Buyer fails to pay an invoice on time and in full, all other outstanding invoices of the Seller to the Buyer become immediately due and payable, and the Seller has the discretion to cancel any further performance. Any collection expenses incurred by the Seller shall be borne by the Buyer. These expenses include reasonable costs and expenses (including attorney’s fees and court costs) for pursuing, searching for, receiving, taking, keeping, storing, advertising, and selling goods, as well as any deficiency resulting from the sale of goods. Reasonable costs and expenses (including attorney’s fees and court costs) of the Seller incurred in any defence against third-party claims to goods also become part of the Buyer’s debt to the Seller. In addition to the above provisions, if the Buyer fails to make payment when due, the Seller may repossess goods and store them at the Buyer’s expense or dispose of them as the Seller deems practical under the circumstances. The Buyer authorizes the Seller or its agent to enter the Buyer’s premises for these purposes and perform any necessary actions (e.g. bringing in manpower, rigging, and lifting equipment, etc.).

REJECTION POLICY

We are liable for defects found on goods supplied by us in accordance with the following provisions:

The customer shall duly fulfill his inspection and claim obligations.
Complaints shall only be accepted by us if they are submitted in writing and within 90 days from receipt of Goods. Complaints lodged against sales representatives, carriers, or other third parties shall not be deemed to be filed in due form and due time.
In the event of a defective consignment, we reserve the opportunity – prior to the start of production (processing or installation) – to resolve/eliminate the defect or redeliver the goods, unless the customer deems this unreasonable. In the event of our inability to do this or in the event of our failure to fulfill this commitment immediately, the customer may then return the goods at our risk. In urgent cases, he can – subject to our approval – eliminate the defect by his own means or by means of a third party at our cost.
If the defect is detected only after the start of production – despite compliance with the obligation stipulated in Clause 1.1 l) – the customer may demand rectification (either in the form of rework or replacement, depending on our choice).
In the event of a replacement, the customer is obliged to return the defective item upon our request.
Annulment of the contract or a reduction in the purchase price shall only be granted if the defect cannot be rectified within a reasonable period, if rectification of the defect is likely to incur disproportionate costs, if rectification of the defect is deemed to be unreasonable or for other reasons, is deemed to have failed. Only in the event of insignificant defects is the customer not entitled to withdraw from the contract.
In the event of a complaint, the customer shall immediately grant us the opportunity to inspect the goods in question. In particular, the incriminated goods shall be made available to us at our request and at our cost. In the event of unfounded complaints, we reserve the right to demand that the customer bear any transportation and inspection costs.

Expenses:

The customer shall be responsible for any costs incurred due to non-compliance with operating, maintenance and installation instructions, inappropriate or improper use or storage, improper or negligent handling or assembly, natural wear and tear, or intervention on the part of the customer or a third party.
The customer may only be entitled to compensation for damages and reimbursement for defects, including costs associated with dismounting and assembly, as well as transportation costs, if it has been agreed upon in the contract. This does not apply if the defect was caused deliberately or through gross negligence and/or resulted in injury to life, body or health.
The customer is not entitled to the above-mentioned claims for products that are not delivered as new in accordance with the agreement.

Quality Reports & Policy

Quality Management System 1.1. Throughout the entire duration of the contract, the supplier must implement a quality management system that complies with DIN EN ISO 9000 ff. This system must ensure flawless quality of goods supplied by the supplier. The supplier must carry out internal audits at regular intervals and take necessary measures in case of deviations. We have the right to inspect the supplier’s quality assurance program at any time, subject to prior notice. Upon our request, the supplier must grant us access to accreditation and audit reports as well as to testing procedures, including all inspection records and documents pertaining to supplies. 1.2. The current version of “quality standards” provided by us is an inherent part of all orders and agreements between suppliers and ourselves. Suppliers can request these quality standards from us.
Modification Modifications, additions, cancellations, or suspensions of any order resulting from the seller’s quotation, or any acceptance of a purchase order, will not be effective or binding upon the seller unless evidenced in writing on the face of the order or in a separate writing signed by an authorized manager of both the buyer and the seller. The written document must expressly state the terms modified and the nature of the modification.