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Conditions of Sales of Goods
GENERALThese conditions govern all sales of GOODS by Experimetria Ltd., referred to herein as ‘THE COMPANY’, notwithstanding anything to the contrary, which may appear on the Purchaser’s enquiry, order or other documents received by the Company from the Purchaser. These conditions shall form part of the contract for all such sales and no variation of the provisions hereof shell binds the Company unless the same shall be in writing and duly signed by the Company. The terms "GOODS" shall include equipment, computer programe, drawings, test certificates, manuals etc supplied by the Company to the Purchaser. The Company sells the maintenance and calibration of goods separately from the goods after the guarantee period expired.
GUARANTEEthe Company with the benefit of a guarantee sells all goods. Where such guarantee is applicable all shall apply in relation to faulty materials or workmanship for the period of 12 (twelve) months from the date of dispatch from the Company’s factory if notified in writing within that period. Provided such faults have not been caused by accident or neglect or unreasonable wear and tear the goods will be repaired by the Company free of charge, subject to the defective goods having been delivered to the Company’s factory (except where the goods are agreed by the Company not to be reasonably portable) at the Purchaser’s expense accompanied by a written report setting out in sufficient detail the nature of the alleged faults. The Company shall not be responsible for any loss or damage in respect of the goods while in transit or while they are undergoing repair, or for any consequential costs any nature whatsoever. When the goods undergo repair during the validated period of guarantee, the single delivery of goods from the Purchaser to the Company’s factory shall be arranged and paid by the Purchaser, while at returning the goods from the Company’s factory to the Purchaser the same costs of delivery shall be covered by the Company. In case, the goods to be repaired is delivered to the Company’s factory later then 12 (twelve) month from the dispatch of the goods from the Company’s factory to the Purchaser the guarantee is invalid, therefore all the expenses of return delivery shall be covered by the Purchaser.
SPECIFICATIONAny liability of the company as the result of reliance upon any information or statement contained in its published literature is hereby expressly excluded. The Company reserves the right at any time to alter, amend or modify the specification, design or manner of construction of any such goods or to discontinue the manufacture of any such goods at its sole discretion without giving prior notice thereof. Any such amendment or modification shall not invalidate a quotation or contract provided that the goods the subject matter thereof the substantially similar type as the goods in their original form. In the event of discontinuance at manufacture such discontinuance shall operate to cancel all rights and liabilities occurred to the date of discontinuance in respect only of such goods.
DELIVERY(a) The Company shall not be liable in respect of any loss or damage howsoever caused due to failure by the Company to deliver the goods on a specified date. Delivery shall be deemed to have occurred on the date of consignment or delivery to carrier.
(b) In the event of war civil hostilities or similar event the Company shall be relieved of all liability incurred under any contract wherever such obligations are transferred or impeded as a consequence of any such event or any regulations issued by any duly constituted authority or from, strikes, lock-outs, breakdown of plant or any other causes which the Company could not reasonably prevent or control.
(c) If, the delivery of the goods arranged by the Company as of from the Company’s factory to the Purchaser’s property the insurance costs of the consignment shall be covered by the Company. The Purchaser is obliged to check the condition of the goods as to inspect any loss, damage: outside; (the inspection inside the box can happen only if the installation is done by some other than the Company, however if the Company does the installation and damage appears then the official report shall contain the damage happened on the surface of the box only.), etc. at the place and exact time of taking over the goods from the Company’s freight company. The purchaser is also obliged to note a report together with the presence of each representative from both the freight company and the insurance company as of indicated in the bond insurance policy and bond of delivery. This document is called: Cargo Damage Report, and it contains the following: place of taking over; time of taking over; names titles of representatives whom are present at the event; type of box that had been damaged (carton-box, wooden-box, etc.) and the code number of the damaged box which is indicated on the attached Packing List. This report has to be sent to the Company by facsimile in five businesses day, otherwise the Company shall not accept any complaint. The Purchaser is obliged to write a Report on the contents of the boxes if there is a damage on the box surface or lack of proper operation of goods while doing the installation at the time and place of installation. In case the documentation shall not be done according to both the above mentioned and the requirements of the Marine Policy the Company shall not be responsible for the waste and will not refund the cost of damage, consequently shall not replace the items free of charge.
Replacement of the broken, damaged, lost, etc. items shall be delivered to the Purchaser in order to the actual invoice sent by the Company is financially covered by the Purchaser in advance.
(d) The Purchaser is liable to insure the goods at total price whenever the Purchaser gets the goods (systems, equipment, etc.) delivered to the Company. In case the goods are not insured, while transfer or insured under the exact value of the goods, the Company shall not take the responsibility for any damage and the Purchaser shall cover all expenses in respect of the damaged goods. The Purchaser is liable to get the goods packed, labeled, and provide the necessary documentation according to International specifications. The lack of previously mentioned will result that Purchaser is responsible for dealing with the whole procedure of damage.
(e) Whereas the Purchaser gets her/his shipping company to deliver her/his consignment from the Company, the goods shall be taken over by her/his shipping company at the Company’s factory following quality and quantitative control only. Thereby the Purchaser is responsible for the whole procedure of delivery including the matter of complaint. Replacement of damaged or lost goods occurs on the Purchaser’s payment as of the actual invoice
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