Standard terms and conditions

Our terms and conditions shall only apply within the scope of legal persons of public law and separate estates subject to public law.

1. Scope

The following terms and conditions are standard solely to all current and future contracts within the scope of our delivery and service business, provided no differing special agreements have been arranged. The nullity of individual conditions does not affect the validity of the others. This is also the case when individual conditions do not become part of a contract.

2. Quotes and Acceptance

Our sales quotes are constantly subject to change without notice. Offered quantities in stock shall be subject to prior sale. In case of contracts being concluded subject to a written or faxed confirmation, contents of our confirmation are decisive, as long as the receiver does not contradict immediately.

Information on dimensions, weight, colour, material and equipment in our catalogues and other illustrations is only approximate provided that it is not expressly described as being subject to a binding warranty in our order confirmation. The Purchaser may not reject modifications resulting from further technical development.

3. Prices

Our prices shall be in any currency excluding all types of taxes(as applicable) and shall apply ex works in Chennai. In general, we shall bill the prices applicable on the date of delivery or as per confirmed orders.

Packaging, transportation costs, insurance and all other costs incurred to us ex works shall be billed additionally at cost price.

4. Delivery

The time of delivery is approximate. The time of delivery shall only be legally binding if it is confirmed by us in writing.

If our delivery is impossible or made excessively difficult as a result of force majeure, official measures, factory shutdown, industrial action, extreme weather conditions or similar circumstances - whether at our premises or those of our suppliers - we shall be exempt from obligation of delivery for the duration of the delay and its consequences. We shall notify the Purchaser immediately from the onset of such events.

If the Purchaser is in payment arrears, we shall be exempt from our obligation to deliver for the duration of the arrears. The Purchaser’s obligation to purchase remains unchanged.

We also have the right to make partial deliveries if this is reasonable for the Purchaser. Every partial delivery shall be subject to these General Terms and Conditions and does not allow either discounts or delays in payment. If on call delivery has been agreed upon, the Purchaser must request delivery within a reasonable period.

The Purchaser shall furnish written proof of any damage or shortage immediately upon receipt of the consignment. Sample consignments and goods on consignment shall be transported and stored at the Purchaser's risk. Unless otherwise agreed in the particular case, it shall be hereby agreed, unless we are informed otherwise, that the Purchaser has purchased the consignment outright unless it has been returned no later than  one month subsequent to the date of invoice.

The amount in question shall then be payable immediately. Any impairment of value and all costs of return shipment shall be borne by the Purchaser.

6. Return Shipments

The Purchaser may not refuse to accept or pay for goods delivered as per order. We shall accept returns only if we have confirmed this in the individual case in question. Proof of the delivery date of the returned items shall be furnished. We may implement price deductions depending on the age and condition of the goods.

If the reason for the return is not attributable to a fault on our part, we shall be entitled to bill a processing charge of up to 20%, in addition to the costs of removing required markings. We shall be liable for returns at the earliest after they have been received undamaged on our premises. The costs of transportation shall be borne by the returning party.

Implant packages that have been opened cannot be taken back for reasons of legal liability.

7. Customised Goods

By placing his order, the Purchaser undertakes to always accept and pay for the customised goods, and he shall not reject the goods in the case of slight tolerances between ordered and delivered quantities. Complaints shall be accepted only if proof is furnished that the products manufactured by us differ obviously and appreciably from the order specifications. The Purchaser shall be liable for ambiguous order specifications.

We shall recognise objections with respect to delayed delivery only if we have unconditionally pledged to deliver on a particular date and only after an appropriate period of grace.

The prices of customised goods shall be based upon the original costs incurred for the particular order and which are recognised by the Purchaser upon placement of his order. Generally, such prices will be far higher than those of comparable standard items. The actual prices, after final production, may exceed or be less than the prices calculated in advance at the request of the Purchaser. These quotes shall be only approximately binding. We may demand 50% of the anticipated invoice value as a prepayment by way of security.

We are not obliged to check whether third party industrial property rights are violated nor whether the prescribed design may lead to claims for compensation under liability laws. The Purchaser shall be solely responsible and liable for this, and we, inasmuch, hereby refuse to accept liability for products in this respect.

The Purchaser must inspect the goods as soon as they are received and check them for material defects, e.g. in quantity and quality, and is obliged to record obvious defects upon receipt of delivery.

We undertake to repair or exchange free of charge defective products returned to us.

Period of warranty generally is one year from date of delivery of the goods. On no account shall we be liable for defects and damage which may occur outside our premises as a result of transportation and subsequent storage, improper handling, incorrect use or other tampering with the supplied item that changes the guarantee or as the result of wear.

9. Payment

Our invoices shall be paid 30 days subsequent to the date of invoice, in full. If a different mode of payment has been agreed in individual cases, payment shall be made on the agreed due date in full and exempt of charges. We may demand advance payment or provision of security from purchasers unknown to us and for customised items.
In the event of payment default we are entitled to charge default interest at a rate of 36% above the fixed value.The debtor shall fall into arrears if he fails to pay at our request after payment of the purchase price has become due. In any case, the debtor will be in arrears if he fails to pay on a date specified in the contract. The legal regulations, according to which the debtor shall automatically fall into arrears 30 days after receipt of the invoice, shall remain unaffected.

If the debtor is in default of payment or if we become aware of circumstances that would render doubtful his ability to pay, we may opt to demand either immediate payment of all outstanding claims, including the outstanding bills of exchange or securities, and/or withdraw from the purchase contract. We shall be obliged to make further deliveries only if security for payment of these deliveries has been provided.

The debtor may neither withdraw due payments nor offset them against non-due or non-recognised counterclaims.

10. Retention of Title

All items delivered remain our property until the purchase price is paid in full and all claims resulting from our business relationship with the Purchaser have been or will be paid. We shall be entitled to withdraw from the contract if the Purchaser falls into arrears with payment..

11. Sales Documentation

All our sales documentation, such as catalogues, brochures, price lists, drafts or samples, shall remain our property even if a lending fee or nominal fee has been paid.

This documentation may not be made accessible to unauthorised persons or rival firms without our approval, even in extract form.

The holder of the documentation undertakes to return the documentation if we so request. Use of this documentation resulting in an impairment of our interests shall entitle us to demand compensation for damages.

12. Place of Performance and Place of Jurisdiction

The place of performance and place of jurisdiction in respect of delivery and payment shall be Chennai.

Exclusion of liability

• We present products and provide information on our Web pages. We wish to point out that this provision of information is not legally binding.
  
  The authors have taken great care in drafting the manuscripts for reproducing all of the information provided on these Internet pages (methods, quantities, applications, etc.). However, errors cannot be entirely ruled out. We therefore assume no liability for the relevance, accuracy or completeness of the information provided.
  
  
• The graphics, texts and images displayed are copyright protected. The reproduction or use thereof in other electronic or printed publications is not permitted without the consent of the authors.
  
  If registered names, trade names and descriptions of goods are used, these are often legally protected, registered brand names, even if they are not always identified as such.
  
  
• The GESCO Internet pages also contribute to opinion-forming and provide information originating from third parties. The authors must always reveal the source of such information. Opinions published here do not necessarily reflect those of GESCO.