TERMS AND CONDITIONS OF SALE AND DELIVERY
§ 1. Validity of conditions
All supplies and services KITTNER Anlagen-und Maschinenbau Ltd. carried out under general conditions of supply and sales apply to all future business relationships unless they have been agreed and confirmed in writing. Procurement and receipt of delivered items from us constitute agreement with our terms of the customer. KITTNER Anlagen-und Maschinenbau Ltd. will be called below for short KITTNER.
§ 2. Offers and supplies
Contained in prospects, brochures, etc., as well as are mandatory and binding. Specially developed offers are valid unless otherwise specified in the quotation.
§ 3. Contract
To be valid the contract must be confirmed by us in writing. This also applies where the client has requested a specific offer. Kittner side to provide order confirmation. Additional arrangements and changes require your written confirmation. Agreed upon contract signing (order confirmation). We reserve the right to express structural changes within the contract (order confirmation) since these changes are not essential and will not harm the purpose of the contract (order confirmation). For inquiries and orders, attachments such as drawings, specifications, materials, samples, models, etc. remain the property of the client. This is the basis for making the offer by Kittner. When ordering, there are additional changes to the main inquiry. As Kittner apply documents, drawings, specifications, etc. to the quotation.
§ 4. Prices and Payments
Unless otherwise stated, our prices are quoted in EURO / per euro in the Bulgarian market /. They are valid EX Works Kaloyanovo Plovdiv as defined in INCOTERMS 2000, Bulgaria. Loading, unloading, packing, and transportation by the customer, unless otherwise agreed. The price is consistent with all other terms of INCOTERMS 2000, and it can only be specified in a specific confirmation of order. The price does not include sales tax and VAT. Any further change in the machinery allows us to change the price. For orders with a net value of up to EUR 100.00, a fee of EUR 12.50 is to be charged. In Kaloyanovo, our prices are valid on the day of delivery from the factory. When partial deliveries, each delivery During the time of delivery or manufacture. We reserve the right to adjust the price. Our invoices are due 10 days from the date of issue, without discount. We may require payment of an amount in the order confirmation. For new customers, we reserve the right to deliver cash on delivery, advance or partial payment. The cost of installation, repair and technical assistance should be paid immediately without discount.
§ 5. Delivery
The delivery terms specified by us are binding and may change depending on the timing of delivery of our suppliers If there is no written agreement. The delivery period starts from the date of clarifying all technical data and trade terms, a written confirmation of the order by Kittner and date of receipt of advance payment. If we delay with the delivery the client can claim in eight weeks period from the date of the additional period for delivery with us. Compensation for damages may or may not be due to our subcontractors. Delivery time can be extended and due to reasons beyond our control. If delivery is delayed by the customer, we have the right after the agreed period, the product is placed in storage, and storage costs are borne by the customer/invoice is charged.
§ 6. Delivery and transportation risk
Delivery is made through an invoice on behalf of our clients. Delivery and packaging are negotiated with the client. Packaging, safety, and transport aids are not to be returned. Optionally, at customer's expense, the shipment may be insured against fire, flood, damage, and damage from breakage and theft. In any case, the delivery risk is borne by the customer. The risk is borne by the customer as soon as the shipment is available. Where delivery is delayed through the fault of the customer, the risk is borne by him, notifying the freight forwarding company.
§ 7. Warranty
For defects in the products and services, and lack of warranty parts is the responsibility of Kittner and is as follows: 12 months in operation eight hours per day / to purchase components and elements/pumps, motors etc / security is also 12 months or limited warranties from our suppliers. The warranty shall begin on the date of invoice or the date of delivery. Rapidly wearing parts not covered by the guarantee. Customer must check for damage immediately upon arrival. Any damage must be reported in a document to be verified and signed by the driver. Moreover, our client is notified of any possible damage by the driver or freight forwarding company. The document should be sent immediately and not later than eight days after the delivery of these defects. Defects that can not be found, even with diligent examination within the period specified by us must notify us in writing after their detection. When clarifying the possible reasons for this defect. The violation of any warranty. If there is a defect, we have the right to choose a free repair or replacement part delivery. In this case, the guarantee is limited to the spare parts, all costs are a customer's account. The client is entitled to change the condition or to reduce the price. More claims of the customer and claim are completely excluded. Kittner does not warrant the following: inadequate or incompetent installation, respectively storage of delivered items, improper installation by the customer or third party attempts to unauthorized entry into service or changes due to wear and tear, improper or negligent treatment, chemical influence, etc., and use and maintenance of items not on purpose, according to our manuals. Kittner, makes management changes, even if the error occurs in part unchanged.
Information on the subject of supply and its purpose, as in terms of weight, plant values, temperature, etc .. only reference data and are applied as guidelines, developed by us to test things and see this data match. Minor differences are not a prerequisite for a claim for damages.
By applying the relevant principles of payment, we provide our professional customer service and our trained agents. The client has no right to send installers without the express written consent from our side. Excluded is the responsibility of our company for different damage outside the warranty period.
For all claims of the customer to us, he agrees to claim only according to the condition of and on a scale in which we have the right to bring claims against the manufacturer of defective parts.
§ 8. Save property
Supplied by us remain our property until full and final settlement of all current and future business relationships with our customers. Failure to comply with customers, we have the right to take back the items/goods. Pledges as collateral are ineligible. Of resale or other rules/insurance claims, collateral / arising in relation to goods which have already been taken fully to us. When accessing a third party, the customer must notify us immediately by the owner. In such access of all costs and will be borne by the customer.
§ 9. Limitation of Liability
Compensation for the impossibility of performance, breach of contract, the fault in terminating the contract and illegal trade relations. If our behavior or that of our agents is not intentional or it is caused by negligence the business relationships continue.
§ 10. Privacy and final provisions
The client is engaged in any information, know-how and other related matters. Information, documents, drawings, and specifications are strictly confidential and should not be construed as a third party without the express consent of Kittner. Kittner threads the customer documents as confidential. For all legal relations between us and the client, apply the laws of the EU. In the event of litigation in Plovdiv, if not governed by law. If any provision of these relationships becomes invalid, the remaining provisions or agreements with customers are not affected. At the same time /simultaneously/ invalid conditions are replaced by valid.
© 2018 Kittner Anlagen-und Maschinenbau EOOD