- Oststrasse 14-16
D-59929 Brilon - fon: +49 2961 97300
fax: +49 2961 51894 - Web: www.getron.de
E-Mail: info@getron.de
General terms of business
The Company reserves the right to amend these terms and conditions at any time.
1. General
All orders are accepted and executed on condition that the Purchaser is bound by these general conditions.
2. Validity of Quotation
A quotation addressed to the Purchaser by the Company does not constitute an offer to supply and no contract exists unless and until there has been an acceptance by the Company in writing of an order palced by the Purchaser.
3. Prices
(a) Unless otherwise agreed in writing all orders are executed subject to prices ruling at the date of despatch.
(b) All prices are subject to the addition of Value Added Tax at the appropriate rate at the relevant tax point. (except overeas customers).
(c) Where a price per unit has been quoted and the Purchaser requires a smaller number of units to be delivered than those quoted for the Company reserves the right to adjust the price per unit accordingly.
4. Payment
(a) Unless otherwise agreed in writing payment is due on delivery of the goods.
(b) Where the contract is to be or may be fullfilled in separate installments,
deliveries or parts, payment for each such installment, delivery or part, shall be made
as if the same constituted a separte contract.
(c) Should the Purchaser default in paying sums due for goods supplied the Company reserves the right in its absoulute discretion to suspend all deliveries until the default is made good or cancel the balance of the order. In either case, the Company shall hold the Purchaser liable for costs incurred by the company in procuring or producing the goods already in course for manufacture or ready for despatch.
(d) Should the Purchaser fail punctually to comply with the terms of payment, the Company shall be entiled to charge interest on any amount overdue at the rate of 1%
per annum above the base rate for the time being of the Companys bankers until
payment is received.
5. Packing
Where it is necessary to despatch goods in crates, cases, pallets, stillages or skids or other such packing a charge will be made for this.
6. Loss or Damage in Transit
When the price quoted includes delivery, the Company shall repair or replace free of charge goods damaged in transit or not delivered in accordance with the advice note provided that the Company is sent written notification of such damage or non-delivery
of items within 4 days, this period extending from the date the goods are delivered
in the event a claim arising out of damages in transit, or from receipt of the Company's invoice in the event of a claim arising out of non delivery
7. Samples
Any samples submitted within the Company's quotation or at the Purchasers request must be returned within ninety days of receipt and the Purchaser may be charged if not so returned.
8. Delivery
(a) All times or dates for delivery of the goods are given in good faith but are
approximate only and shall not be of the essence of the cotract.
(b) Unless otherwise agreed between parties in writing the Company shall be entitiled
to make partial deliveries of the goods.
9. Consequential Loss
The Company shall not be liable for any consequential or indirect loss howsoever arising and of whatsoever nature suffered by the Purchaser.
10. Penalties/LAD's
Any supply contract the Company enters into will be assumed to be a Contract that is
not subject to penalty clauses, performance penalties or liquidated ascertained damages. The Company will employ all endeavours in its control to deliver materials on time.
11. Force Majeure
The Company shall be under no liability for any loss or injury suffered by the Purchaser where the Company is prevented from carrying out any provisions of the contract as a result of any cause beyond its reasonable control including (but not limited to ) Acts of God, legislation, war, fire, drought, failure of plant or power supply or collapse of structure, lockout, strike or industrial action in contemplation of furtherance of a
trade dispute, or owing to any inability to procure materials required for the performance of the contract. The contract shall be suspended during such delay but upon cessation of the cause of delay, the contract shall again become fully operative provided that if such delay exceed a period of twelve months, either party may give
written notice of termination of the contract and thereupon the contract shall terminate.
12. Warranty
(a) The Company will make good by repair, or at the Company's option by the supply of
a replacement, defects which under proper storage and use appear in the goods within
the period of twelve calender months after the goods have been delivered and arise
solely from faults in design or materials or workmanship (other than if made or furnished by or at the request or direction of the Purchaser)
(b) The Warranty given in this clause is subject to the following prov visos, namely:
(i) that the Purchase shall have followed all instructions issued by the Company in relation to the goods.
(ii) that in case of any technical defects, the Purchaser shall notify the Company of the technical defects in writing within seven working days of the date when the defect becomes apparent.
(iii) Lamps are not included within the warranty period unless seperately agreed between Getron Ltd and the purchaser.
13. Return of Goods
In no circumstances may goods supplied against a firm order be returned without the Purchaser having first applied for and obtained written consent from the Company. A handling charge may be deducted from any credit allowed where it is established that
the reason for their return was not the subject of the provisions of clause 6 or 10 hereof or through any error on the part of the Company.
14. Storage
If the Company does not receive written forwarding instructions sufficient to enable it to despatch within 14 days after the Company has notified the Purchaser in writing that the goods are ready for delivery the Purchaser shall take delivery or arrange for storage. If the Purchaser does not so take delivery or arrange for storage the Company shall be entitled to invoice and be paid for for the goods as though the goods had been duly delivered in accordance with these conditions and the Company may arrange storage either at the Companys own works or elsewhere on the Purchasers behalf and
all charges for storage , insurance or demurrage shall be payable by the Purchaser.
15. Cancellations
(a) the Company will not accept any cancellations without first having agreed in writing that such cancelations will be accepted. In the event of cancelations being accepted, this may be subject to cancelation fee up to a value of 100% that of the order value.
(b) Specially made or modified products ordered cannot be cancel led. It is the responsibility of the Purchaser to ensure that correct items are ordered.
16. Incorrect supply/short shipments
Any items incorrectly supplied or shortshipped by the company must be notified in writing within 48 hours of receipt of goods by the purchaser. Upon notification the company will carry out a full investigation within 24 hours advising of corrective measures to be made.
17. Romalpa Clause (Retention of Title)
Any fixtures supplied by Getron Ltd remain the property of the Company until such time payment for the materials have been received in full.
We reserve the right to change the technical specifications without prior notice or public announcement, and are not responsible for printing errors. Printing of this catalogue without prior permission of the company is forbidden. All rights reserved.
1. General
All orders are accepted and executed on condition that the Purchaser is bound by these general conditions.
2. Validity of Quotation
A quotation addressed to the Purchaser by the Company does not constitute an offer to supply and no contract exists unless and until there has been an acceptance by the Company in writing of an order palced by the Purchaser.
3. Prices
(a) Unless otherwise agreed in writing all orders are executed subject to prices ruling at the date of despatch.
(b) All prices are subject to the addition of Value Added Tax at the appropriate rate at the relevant tax point. (except overeas customers).
(c) Where a price per unit has been quoted and the Purchaser requires a smaller number of units to be delivered than those quoted for the Company reserves the right to adjust the price per unit accordingly.
4. Payment
(a) Unless otherwise agreed in writing payment is due on delivery of the goods.
(b) Where the contract is to be or may be fullfilled in separate installments,
deliveries or parts, payment for each such installment, delivery or part, shall be made
as if the same constituted a separte contract.
(c) Should the Purchaser default in paying sums due for goods supplied the Company reserves the right in its absoulute discretion to suspend all deliveries until the default is made good or cancel the balance of the order. In either case, the Company shall hold the Purchaser liable for costs incurred by the company in procuring or producing the goods already in course for manufacture or ready for despatch.
(d) Should the Purchaser fail punctually to comply with the terms of payment, the Company shall be entiled to charge interest on any amount overdue at the rate of 1%
per annum above the base rate for the time being of the Companys bankers until
payment is received.
5. Packing
Where it is necessary to despatch goods in crates, cases, pallets, stillages or skids or other such packing a charge will be made for this.
6. Loss or Damage in Transit
When the price quoted includes delivery, the Company shall repair or replace free of charge goods damaged in transit or not delivered in accordance with the advice note provided that the Company is sent written notification of such damage or non-delivery
of items within 4 days, this period extending from the date the goods are delivered
in the event a claim arising out of damages in transit, or from receipt of the Company's invoice in the event of a claim arising out of non delivery
7. Samples
Any samples submitted within the Company's quotation or at the Purchasers request must be returned within ninety days of receipt and the Purchaser may be charged if not so returned.
8. Delivery
(a) All times or dates for delivery of the goods are given in good faith but are
approximate only and shall not be of the essence of the cotract.
(b) Unless otherwise agreed between parties in writing the Company shall be entitiled
to make partial deliveries of the goods.
9. Consequential Loss
The Company shall not be liable for any consequential or indirect loss howsoever arising and of whatsoever nature suffered by the Purchaser.
10. Penalties/LAD's
Any supply contract the Company enters into will be assumed to be a Contract that is
not subject to penalty clauses, performance penalties or liquidated ascertained damages. The Company will employ all endeavours in its control to deliver materials on time.
11. Force Majeure
The Company shall be under no liability for any loss or injury suffered by the Purchaser where the Company is prevented from carrying out any provisions of the contract as a result of any cause beyond its reasonable control including (but not limited to ) Acts of God, legislation, war, fire, drought, failure of plant or power supply or collapse of structure, lockout, strike or industrial action in contemplation of furtherance of a
trade dispute, or owing to any inability to procure materials required for the performance of the contract. The contract shall be suspended during such delay but upon cessation of the cause of delay, the contract shall again become fully operative provided that if such delay exceed a period of twelve months, either party may give
written notice of termination of the contract and thereupon the contract shall terminate.
12. Warranty
(a) The Company will make good by repair, or at the Company's option by the supply of
a replacement, defects which under proper storage and use appear in the goods within
the period of twelve calender months after the goods have been delivered and arise
solely from faults in design or materials or workmanship (other than if made or furnished by or at the request or direction of the Purchaser)
(b) The Warranty given in this clause is subject to the following prov visos, namely:
(i) that the Purchase shall have followed all instructions issued by the Company in relation to the goods.
(ii) that in case of any technical defects, the Purchaser shall notify the Company of the technical defects in writing within seven working days of the date when the defect becomes apparent.
(iii) Lamps are not included within the warranty period unless seperately agreed between Getron Ltd and the purchaser.
13. Return of Goods
In no circumstances may goods supplied against a firm order be returned without the Purchaser having first applied for and obtained written consent from the Company. A handling charge may be deducted from any credit allowed where it is established that
the reason for their return was not the subject of the provisions of clause 6 or 10 hereof or through any error on the part of the Company.
14. Storage
If the Company does not receive written forwarding instructions sufficient to enable it to despatch within 14 days after the Company has notified the Purchaser in writing that the goods are ready for delivery the Purchaser shall take delivery or arrange for storage. If the Purchaser does not so take delivery or arrange for storage the Company shall be entitled to invoice and be paid for for the goods as though the goods had been duly delivered in accordance with these conditions and the Company may arrange storage either at the Companys own works or elsewhere on the Purchasers behalf and
all charges for storage , insurance or demurrage shall be payable by the Purchaser.
15. Cancellations
(a) the Company will not accept any cancellations without first having agreed in writing that such cancelations will be accepted. In the event of cancelations being accepted, this may be subject to cancelation fee up to a value of 100% that of the order value.
(b) Specially made or modified products ordered cannot be cancel led. It is the responsibility of the Purchaser to ensure that correct items are ordered.
16. Incorrect supply/short shipments
Any items incorrectly supplied or shortshipped by the company must be notified in writing within 48 hours of receipt of goods by the purchaser. Upon notification the company will carry out a full investigation within 24 hours advising of corrective measures to be made.
17. Romalpa Clause (Retention of Title)
Any fixtures supplied by Getron Ltd remain the property of the Company until such time payment for the materials have been received in full.
We reserve the right to change the technical specifications without prior notice or public announcement, and are not responsible for printing errors. Printing of this catalogue without prior permission of the company is forbidden. All rights reserved.