Jorc Industrial Catalog - (Page 4) TERMS & CONDITIONS Standard Terms of Sale and Delivery of Jorc Industrial LLC Art. 1 General. 1.1 All of our offers, contracts and the execution thereof are governed exclusively by the present terms. Any derogation must be agreed with us explicitly in writing. 1.2 In the present terms, "the customer" is defined as each natural or legal person who has entered into or wishes to enter into a contract with our company, as well as the representative(s), attorney(s), legal successor(s) and heirs thereof. 1.3 The applicability of the Standard Terms maintained by the customer is explicitly excluded. 1.4 Simply by placing an order and/or taking receipt of the delivered goods, the customer accepts these standard terms and is deemed to have given tacit consent for their exclusive applicability in regard of any further orders placed orally, by telephone, telegraph, fax or in any other manner, irrespective of any written confirmation on our part. Art. 2 Offers. 2.1 All offers remain valid during the period to be indicated by us. In the absence of such a period, our offers are made without commitment and subject to contract. 2.2 All price lists, brochures and other data provided with an offer, are formulated with the utmost accuracy. They are binding for us only if such is explicitly confirmed in writing. We retain the property and intellectual property rights of all data/information provided with an offer, which must be returned to us upon our first such request. 2.3 The sending of offers and/or other documentation does not oblige us to deliver and/or accept the order. 2.4 We retain the right to refuse orders without stating reasons, and/or to supply on a cash-ondelivery basis or following payment in advance. 2.5 The customary tolerances apply to the measurements stated in offers. Art. 3 Contract. 3.1 Notwithstanding the following, a contract with us is established only once we have accepted or confirmed an order explicitly, i.e. in writing or otherwise, for instance by the actual delivery or handing-over of the goods. 3.2 The order confirmation is deemed to provide a complete and accurate representation of the contract. 3.3 Any additional terms or changes subsequently agreed and any terms agreed orally and/or undertakings given by our employees or on our behalf by our salespeople, agents, representatives or other intermediaries, will be binding for us only if confirmed by us in writing. 3.4 Each contract will be entered into on our part under the suspensive condition that the customer proves to be sufficiently creditworthy to comply financially with the contract, to be assessed exclusively by us. 3.5 Upon or after entering into the contract, we are entitled, before rendering performance or further performance thereof, to require security from the customer to ensure that the customer’s payment and other obligations will be fulfilled. Art. 4 Warranty Jorc products are warranted to be free from defects in material and workmanship, under proper use, installation, application and maintenance in accordance with Jorc’s written recommendations and specification for a period of one year from the date of shipment from Jorc’s facility. Jorc’s obligation under this warranty is limited to, and the sole remedy for any such defect shall be, the repair or replacement (at Jorc’s option) of unaltered products returned to Jorc and proven to have such defect, provided such defect is promptly reported to Jorc within said warranty period. Warranty claims must be submitted and shall be processed in accordance with Jorc’s established warranty claim procedure. In no event will Jorc be liable for business interruptions, loss of profits, personal injury, costs of delay or for any other special, indirect, incident or consequential losses, cost or damages. This is the only authorized Jorc warranty and is in lieu of all other express or implied warranties or representation, including any implied warranties of merchantability or fitness, or any other obligations on the part of Jorc. Jorc maintains a policy of ongoing product development and improvement. We therefore reserve the right to change dimensions specifications and design without notice. Art. 5 Delivery and delivery periods. 5.1 Unless agreed otherwise, the delivery will take place from our company premises/warehouse. As soon as the goods leave our company premises/warehouse, the risk as regards the goods will transfer to the customer. We will provide carriage-paid delivery only if and insofar as stated by us in the order confirmation, invoice or otherwise. For orders below a certain minimum size, separate administrative costs and/or carriage surcharges may be applied. 5.2 The customer is obliged to check the delivered goods and/or the packaging immediately upon hand-over for any defects or visible damage, or to carry out such checks after being notified by us that the goods are at the customer’s disposal. 5.3 The customer must note or order to be noted on the delivery receipt, the invoice and/or the carriage documents, any defects or damage to the delivered goods and/or packaging present upon delivery or hand-over. Failure to do so will lead to the associated complaints not being taken into consideration. Our records are decisive in relation to such matters. 5.4 We are entitled to make delivery in parts, i.e. partial deliveries, for which we may submit separate invoices. In such cases, the customer is obliged to make payment in accordance with the relevant provisions below on “Payment”. 5.5 Delivery periods are given in good faith and are therefore not to be regarded as binding. On this basis, failure to deliver within the delivery period will not make us liable to pay any compensation. Following a failure to deliver within the delivery period, the customer may issue us with a written notice of default, specifying a final, reasonable period for delivery, following the expiry of which the customer will be entitled to annul the contract in writing, unless we find ourselves hindered by circumstances constituting force majeure. 5.6 If by the expiry of the delivery period the customer has not taken possession of the goods, they will be stored at the customer’s disposal, for the customer’s account and risk. Following a period of four weeks, we are entitled to sell these goods (privately). 5.7 Any shortfall in the proceeds of sale, as well as the costs, will be for the account of the customer, without prejudice to our other rights in the matter. Art. 6 Transportation/Risk. 6.1 In the absence of any further instructions to us by the customer, we will determine the mode of transportation, dispatch, packaging etc. with due care, without bearing any liability for it. Any specific wishes of the customer in relation to transportation/dispatch will be honoured only if the customer has declared that it will bear the additional costs involved. 6.2 The transportation of the goods will in principle in all cases take place at the risk and account of the customer, even if the carrier requires a clause to appear on the carriage documents, road waybills etc. stating that all damage incurred during carriage will be for the account and risk of the sender. 6.3 In the event of carriage-paid delivery, the transportation costs will not be charged separately. Art. 7 Force majeure 7.1 For these purposes, force majeure is defined as follows: any circumstance that is unforeseeable and/or independent of the will of the parties, due to which performance of the contract can no longer reasonably be required of us by the customer. Force majeure includes in any case the following: strikes, excessive absence through illness in our workforce, transportation problems, fire, government measures including in any case import and export bans, quota systems and interruptions to operations, as well as breaches of contract by our suppliers, as a result of which we are not or no longer able to fulfil our obligations to the customer. 7.2 If circumstances of force majeure arise, we are entitled to suspend the performance of the contract or to dissolve the contract permanently. The customer will be consulted. 7.3 We are entitled to claim payment for the performance already carried out pursuant to the contract in question before the circumstances constituting force majeure became evident. 7.4 We are also entitled to invoke force majeure if the circumstance giving rise to force majeure arises only after our performance should have been rendered. Art. 8 Liability. 8.1 Notwithstanding statutory provisions on liability and product liability from which no derogation is permitted and in accordance with legal rules of public order and good faith, we are not obliged to pay any compensation at all for damage, of any nature whatsoever, be it direct or indirect, including loss of profits, to items of moveable or immovable property and/or to persons, both as regards the customer and third parties. In accordance with the rest of this article, we are not under any circumstances liable for damage caused by improper use of the goods supplied or by use thereof for a purpose other than that for which they are suited, to be determined according to objective standards. Technical advice and information on the processing and application possibilities of products is provided to the customer on the basis of our best knowledge and the current state of the art, without giving rise to any obligation and without any liability on our part. 8.2 Our liability will be partially assessed in view of any product/commercial insurance we have. Notwithstanding the coverage thereof, our liability is always limited to the net invoice value of the goods supplied. 8.3 Compliance with the applicable obligations regarding warranties/complaints and/or payment by us or our insurer(s) of the assessed damage, will be deemed as complete compensation covering all that is due. The customer indemnifies us explicitly and fully from any further liability. Art. 9 Complaints. 9.1 Notwithstanding the
For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.