Terms and Coniditions of Sale

Effective Date: 15-July-2024

Definitions

1. GOODS AND SERVICES: Refers to the products and services provided by the SELLER to the PURCHASER under the terms of this agreement.

2. SELLER: Denotes [New Company Name].

3. PURCHASER: Refers to the individual, company, or institution purchasing goods and services from the SELLER.

Terms and Conditions

1. General

• These terms govern all transactions between the SELLER and the PURCHASER.

• No alternative terms provided by the PURCHASER will apply unless expressly agreed upon in writing by the SELLER.

• Verbal agreements must be documented to be enforceable.

2. Orders

• Orders are confirmed upon written acknowledgment by the SELLER.

• The SELLER reserves the right to cancel orders without liability if the PURCHASER fails to meet agreed terms.

• The SELLER may suspend delivery if the PURCHASER does not fulfill their obligations.

3. Validity

• Quotations are subject to product availability.

• If a purchase is delayed due to the PURCHASER, additional charges may apply.

4. Prices

• Prices are quoted on an ex-works basis and exclude applicable taxes.

• VAT and other taxes will be applied at the prevailing rates.

• Quoted prices are valid for 30 days unless otherwise specified.

5. Packaging

• Packaging costs are itemized separately in quotations and invoices.

• Additional packaging charges may apply for special requirements or international shipping.

6. Delivery and Lead Times

• Delivery timelines begin upon order confirmation.

• Delivery dates are estimates and not guaranteed.

• Partial deliveries may occur, each treated as a separate contract.

• Bespoke orders require a non-refundable deposit to initiate production.

7. Offloading Requirements

• The PURCHASER is responsible for offloading equipment at the delivery site.

• Failed offloading attempts may result in additional charges.

8. Force Majeure

• The SELLER is not liable for delays caused by events beyond its control, including strikes, natural disasters, or supply chain disruptions.

9. Storage

• If delivery is postponed at the PURCHASER’s request, storage costs may apply. Full payment is required within seven days of the postponement notice.

10. Acceptance

• The PURCHASER must notify the SELLER of non-conforming goods within three days of delivery.

• Failure to notify within this timeframe constitutes acceptance of the goods.

11. Risk and Title

• Risk passes to the PURCHASER upon delivery.

• Title remains with the SELLER until full payment is received.

• Unpaid goods must be stored separately and marked as the SELLER’s property.

12. Warranty and Services

• New machines include a manufacturer’s warranty covering defects under normal use.

• Consumables and wear-and-tear items are excluded.

• Warranty claims must be submitted within 14 days of defect discovery.

• Second-hand goods are sold “as-is” without warranty unless explicitly stated.

13. Loss or Damage in Transit

• Claims for transit damage must be made within three days of delivery.

• The PURCHASER must retain packaging for inspection.

14. Illustrations and Specifications

• Media and descriptions are for reference only and may not represent the exact product.

15. Performance

• Performance estimates are based on typical use and are not guaranteed unless explicitly agreed upon in writing.

16. Compliance

• The PURCHASER is responsible for ensuring the equipment complies with local regulations and safety standards.

17. Installation and Commissioning

• Installation services are available upon request and subject to additional charges.

• The SELLER is not liable for damages arising during installation or commissioning.

18. Liability

• The SELLER’s liability is limited to repair or replacement of defective goods.

• The SELLER is not responsible for indirect or consequential damages.

19. Returns

• Returns are subject to prior written approval and may incur a restocking fee.

• Returned goods must be in their original condition and packaging.

20. Termination

• The SELLER reserves the right to terminate contracts if the PURCHASER fails to meet financial obligations or becomes insolvent.

21. Governing Law

• These terms are governed by the laws of [Relevant Jurisdiction].

22. Data Protection

• The SELLER handles personal data in compliance with applicable privacy laws.

23. Intellectual Property

• All intellectual property remains the exclusive property of the SELLER unless otherwise agreed in writing.

24. Dispute Resolution

• Disputes will be resolved through mediation or arbitration before legal proceedings.