General Terms and Conditions
Unless otherwise agreed in writing, these General Terms and Conditions (the “Conditions”) shall apply to all sales by any authorized member of the DESMI GROUP to a purchaser (“Buyer”). DESMI’s offers are non-binding until accepted and confirmed by an order acknowledgement issued by DESMI in compliance with these Conditions, which is acknowledged by DESMI. Buyer may not change or cancel any purchase order after it has been received by DESMI unless DESMI has agreed in writing to such change or cancellation.
For any sale from DESMI to the Buyer “Orgalime S2012 – Valid for supply of mechanical, electrical and electronic products” applies with the following changes/additions:
||Ex Works (Incoterms 2010)
||DESMI is entitled to ship the order up to 5 working days before agreed shipping date, without further notice to customer.
||DESMI is entitled to make partial shipment. DESMI will cover additional cost related to shipping and packing.
||In case of late payment according to the agreed payment terms, DESMI is entitled to charge interest on overdue payments at the rate of 1.5 % per commenced calendar month.
|DESMI treats returns as a customer service, and DESMI does not intend to gain financially on returns. However, any costs (direct as well as indirect costs) inflicted on DESMI in con-nection with returns must be covered by Buyer.
||18 months from final invoice date or 12 months from installation date whichever comes first.
||DESMI treats order cancellation as a customer service, and DESMI does not intend to gain financially on order cancellation. However, any costs (direct as well as indirect costs) in-flicted on DESMI in connection with order cancellations must be covered by Buyer.
|DESMI is entitled to charge for order changes requested by Buyer. All changes are consid-ered as supplementary orders and confirmed in writing, including the extra charge (if any) to Buyer as soon as possible after the change request has been received in writing from the customer.
||In case Buyer requests a postponed delivery date, DESMI is entitled to charge the custom-er a fee covering both handling, tied up capital and storage. Further information about postponement of delivery can be supplied by DESMI at request.
|Product inspection test
||If stated on the order, product inspection and product test shall be carried out at the place of manufacture during normal working hours.
||DESMI shall have no liability for loss of production, loss of profit, loss of use, loss of con-tracts or for any other consequential or indirect loss whatsoever.
|Retention of title
||In general Orgalime S2012 §22 is used, except for deliveries in Germany, where the retention of title according to German law shall be under the conditions ”erweiteter Eigentumsvorbehalt” and ”verlängerter Eigentumsvorbehalt.
Credit assessment in conjunction with the sales agreement
For all orders, DESMI performs a credit assessment after a sales agreement has been finalised. If the assessment is not satisfactory, the sales agreement is dependent on the provision of security for payment in the form of a bank guarantee or payment in advance.
Orgalime S2012 can be downloaded here.