Terms & Conditions
1.1 The present conditions apply to all offers and all agreements made by us, including all negotiations which we conduct prior to the conclusion of an agreement.
1.2 Deviations from these conditions are only valid if agreed in writing between the parties. Any deviations only apply to the agreement in which they are made; the remainder of these Terms and Conditions remain in full force
2. Deals
2.1 All our quotations and offers are without engagement, unless otherwise expressly stated by us. Indication of dimensions and / or weight, of images and / or drawings, of technical and / or chemical specifications, colour, type, quantity, composition and quality are to be considered as approximate.
2.2 Quotations and offers are based on the information provided by the other party to us, drawings and measurements derived therefrom.
2.3 If a quotation and/or offer is not timely and accepted fully in writing, there will be only an agreement if and to the extent that the other party only differ on minor points, where the contract is concluded without these minor details being part of the contract.
3. Conclusion of agreements
3.1 If we are sending a confirmation confirming an agreement or deliver an order confirmation to the other party, this confirmation contains the only and correct representation of what has been agreed, unless the other party within 8 days of the date of the order confirmation contests the accuracy of this confirmation in writing. Also in the case of a dispute both parties shall consult each other to try to reach an agreement on the by the other party indicated faults.During these consultations, we have the right to terminate the agreement without being obliged to pay any costs or damages.
3.2 If the contract has been concluded, we have the right immediately after the issuance of the order confirmation to the other party to notify in writing that the contract can not be cancelled or amended. If we report that the agreement can be executed only in an amended way, the other party shall within 8 days of receipt of our corresponding notice confirm in writing that he wants the implementation of the amended agreement.
3.3 If we made a start of implementation and/or if there has been a deposit made by the other party in response to a document written and sent by us, the content of the document counts as what has been agreed between the parties.
4. Intellectual property rights
4.1 We reserve the copyright and all other intellectual property rights in, and ownership of, all in the offer and/or the execution of the contract designs, illustrations, drawings, samples and models. All goods provided by us to the other party are to be promptly returned within 8 days of a request on our part.
4.2 Pictures, drawings, designs, etc. may not be copied or duplicated nor made available to third parties.
4.3 The other party shall indemnify us against any claims by third parties based on or related to the claim that proprietary drawings, models, etc. made by the other party infringe a valid right of intellectual or industrial property.
5. Shipment
5.1 Delivery times and deadlines for agreed services are indicated by us only as an approximate. If the agreed delivery period is exceeded, the other party is obliged to inform us in writing a further term of 30 days for delivery. Only after crossing the aforementioned period, we may, subject to the other provisions of these conditions be held liable for exceeding the term or the contract can be terminated.
5.2 In the event of force majeure our obligation to deliver or execute shall be suspended until the cause of the force majeure has been lifted. Force majeure shall include, but isn't exclusively; strike, liquidation, machinery breakdown, fire or other unforeseen circumstances, the liquidation of a supplier or third person, as a result of which we, our suppliers, or our third parties can not or not in a timely fashion respectively meet their obligations.
6. Call
1. Relevance
6.1 If delivery on call has been agreed, the other party is obliged to within two weeks after the conclusion of the agreement or within two weeks after the date of the order confirmation, give us the call off periods in writing. If we have not received the written request within two weeks time, we are entitled to dissolve the agreement in whole or in part, without prejudice to our other rights, including the right to claim damages. Even if the agreed delivery does not occur or does not occur timely, we are entitled to dissolve the agreement in whole or in part, without prejudice to our other rights, including the right to claim damages.
7. Guarantees
7.1 We are always entitled to, prior to delivery or any other fulfilment of our obligations, require security in the form of the provision of a bank guarantee for the fulfilment of payment commitments.
8.2 If the other party refuses to provide the requested safety deposit, we are entitled to dissolve the agreement in whole or in part, without prejudice to our other rights, including the right to claim damages.
8. Price
8.1 Agreed prices are based on prices of raw materials, materials, transportation costs, labour costs and so on, applicable on the day of conclusion of the agreement. We reserve the right to pass on reasonable increases in cost to the client, provided they take place after the date of the offer, even though this increase was foreseeable at the time of making our offer. This increase in price will be disclosed by means of a written notice to the other party.
-
Questions or comments can be emailed to vicky@iwarmers.com