The relationship between Supplier and Buyer is governed exclusively by these General Terms and Conditions of Supplier. These General Terms and Conditions of Supply shall apply also to subsequent supplies and to supply of replacement parts, regardless of whether the Supplier has made any further reference hereto.
Quotations shall be binding upon the Supplier only if they state a validity period. Purchase orders shall be binding upon the Supplier only if they have been confirmed in writing by the Supplier.
Deliveries and performances are defined by the written declarations of both parties. In case there are no corresponding declarations, they are defined by the Supplier’s written confirmation of an order.
All prices are in USD net, unless stated otherwise. Prices shall be FOB HK. Prices stated do not include value-added services, which shall be invoiced separately. Discount, if any, may be deducted only with Supplier’s prior written consent. The price is due within thirty (30) days from the date of Supplier’s invoice, unless the confirmation of the order shows another agreement. If the Buyer fails to comply with the times for payment he might be charged extra fees to cover possible losses of the Supplier. The right to liquidate further damages remains unaffected. With respect to alleged defects or missing items Buyer may withhold payments only if the Buyer’s notification of the defect occurred or of items missing is acknowledged by the Supplier as justified.
Schedules for the delivery of goods or provision of services are fixed by written declarations of both parties, or, if corresponding declarations are missing, by the Supplier’s written confirmation of the order. Schedules for the delivery of goods shall be considered to be met if the products are brought to dispatch or are collected within the fixed time and in proper operating condition. In the event shipments are delayed due to circumstances under Buyer’s control, to meet the fixed time it is sufficient that the Supplier notifies the Buyer that the products are ready for dispatch.
Unless agreed upon otherwise, transfer of risk from Supplier to Buyer takes place no later than with dispatch or departure of the goods ex works. In case dispatch is delayed due to reasons not attributable to the Supplier, transfer of risk shall take place at the time which was agreed upon for the delivery ex works.
On Buyer’s demand and costs consignment shall be insured against damages out of breakage, transport or fire. In case such insurance is effected, the Buyer has to notify the Supplier immediately of a damage occurring during transport.
If the parts delivered by the Supplier turn out to be defective because they do not have the agreed quality or because they are not suited for the agreed or common use, the Supplier has to deliver replacement free of charge and at its own choice. The Buyer shall give the Supplier the opportunity to remove defects within a reasonable period of time. If the Buyer denies opportunity for replacement, the Supplier shall become free of his warranty obligations. The Buyer shall notify any defects to Supplier in writing and without undue delay. There shall be no claims of Buyer based on defect in case of insignificant deviations from the agreed or usual quality. The Buyer is obliged at free choice of the Supplier to send back defective products to Supplier or to keep them ready for inspection and testing.
The period for warranty is six (6) months, unless statutory law obligatorily prescribes a longer period. The period starts with the transfer of risk.
All goods supplied shall remain the Supplier’s property until each and every claim Supplier has against Buyer under the contract has been fully met.
Sole venue for all disputes arising directly or indirectly out of this contract shall be the courts for the Supplier’s principal place of business. However, the Supplier may also bring an action at the Buyer’s principal place of business. The Supplier’s home country language version of these General Terms and Conditions for Supply shall be authoritative even if translations into other languages should be prepared and accepted.