
GENERAL CONDITIONS EWS
Article 1 – Orders 1.1. EWS supplies only on the basis of the following contractual conditions, which the customer accepts as binding on placement of his order.
1.2. Our quotations are made without obligation. Orders and oral agreements are valid only when accepted by us in writing.
1.3. The customer's conditions of business which differ from the General Conditions of EWS will not be considered applicable, even if they have not been expressly contradicted by us.
Article 2 – Prices 2.1. Invoices will be issued in Euro.
2.2. For the performance of the order, the prices in force on the date of delivery will apply.
2.3. Our prices apply ex works and do not include freight, packaging, mailing and insurance costs, unless clearly mentioned different in our quotes.
Article 3 – Delivery 3.1. EWS will quote delivery times to the best of knowledge and in good faith, but can not guarantee any exact delivery time.
3.2. Any long times of delivery will not release the purchaser from his obligation to accept the goods if a
delivery
date has been confirmed by EWS in advance. If no delivery date has been confirmed by EWS in advance and the
time of delivery is longer than 30 days after placement of the order, the purchaser is entitled to cancel the order.
3.3. Any declaration that EWS is in default or arrears is contractually prohibited. This will also apply to claims for damages
or the right to withdraw from the contract for reasons of delayed delivery.
3.4. EWS reserves the right to determine the method of delivery. In cases of hindrance through force majeur, measures
by state authorities, disruptions in production, shortage of raw materials, civil disturbances, strikes etc. the delivery
dates will be extended accordingly.
3.4.1. All deliveries will be made ex works unless mentioned otherwise. EWS assumes no liability for damage caused by any delay in deliveries or cancelled deliveries of products that are longer available anymore.
3.5. If the purchaser has not given any special instructions for dispatch, delivery and transport, EWS will select the most
economical means at our own discretion, without assuming any liability.
Article 4 – Acceptance 4.1. The purchaser has the right to return the goods within 7 working days after the date of delivery.
4.2. The shipment and additional shipment cost concerning the returning of the goods are to be paid by the purchaser.
4.3. Goods can only be returned to EWS with a by EWS approved Return Material Authorisation (RMA) form.
RMA forms can be send by EWS to the purchaser on request.
4.4. EWS will not refund any goods that are not in original packaging. Any sealed goods (packs, recordables, etc.) without their original sealing can also not be refunded by EWS.
4.5. In case the purchaser has send back the goods within the acceptable period mentioned under point 4.1. of this article, EWS will refund the payment within 30 days after the date of receipt of the returned goods.
Article 4.- Complaints 4.1. Any complaints concerning goods delivered by EWS must be notified to EWS in writing before they are processed or used, and within 8 days of their receipt.
4.2. Should the complaint prove to be justified, the purchaser will be entitled only to return the goods, to receive adequate replacement or receive credit for their value.
4.3. EWS will accept returned deliveries only when this has been agreed in writing. In case the purchaser returns any goods without written permission of EWS, all transport costs are for the purchaser.
Article 5 - Reservation of title 5.1. All the goods supplied by EWS will remain property of EWS until full payment of all outstanding invoices has been received.
5.2. The reservation of title will apply also to all claims arising from mutual business transactions, regardless of the maturity and the legal basis of the individual claims and may also serve to secure the balance of the current business account and will expire only when all our claims have been met in full. In case the purchaser sells the goods supplied by EWS, in any state whatsoever, all payments due to the purchaser from customer of the purchaser for such sales will be assigned to EWS in advance, until such time as all our outstanding claims have been met in full. At EWS’s request, the purchaser will be obliged to notify his customers of this assignment, and provide EWS with all the information and documents necessary for EWS to assert claim of EWS against his customer. The purchaser is prohibited from pledging the goods under reservation of title as security or from transferring title of ownership in the goods. The purchaser must notify us without delay of any seizure of his property by third parties.
Article 6. - Conditions of payment
6.1. Unless otherwise agreed, our invoices are payable within 30 days net.
6.2. Drafts and cheques will be accepted by EWS with the usual reservations and will be regarded as payment only after they have been honoured in full. EWS reserves the right to decide if and to what extent payment by cheque or draft will be accepted.
6.3. No discount will be granted on current payments until all invoices for previous deliveries of goods have been paid in full. Payments made by the purchaser will be used to pay the earliest outstanding sums due to EWS. Should, after acknowledgement of an order by EWS, it become known that EWS’s claim for payment may not be met, EWS will be entitled to demand payment in advance or to withdraw from the contract. EWS’s right of withdrawal will be of unlimited duration. EWS will also be entitled to charge the current rate for interest on all arrears of payment. All cost, including cost for legal aid, caused by delay in payment will be for the purchaser.
6.4. In case of delay in payment, EWS will be entitled to demand immediate payment of all EWS’s claims on re-debiting of any drafts or cheques received.
6.5. In case EWS suspects financial problems of the purchaser, that may effect proper payments of EWS invoices, EWS reserves the right to calcel all deliveries and/or demand payment in advance or by reimbursement.
Article 7 - Place of fulfilment, legal domicile 7.1. The place of fulfilment for all claims arising from the contract and the sole legal domicile for all disputes arising from
the contract will be Geldrop.
7.2. Should, in consequence of special agreement, or for any other reason, certain of the above conditions be altered or
become ineffective, this will in no way affect the validity of the remaining conditions.
Article 8. - Additional conditions for orders executed to drawings, specifications, samples etc.
8.1. Should EWS be required to supply in accordance with drawings, specifications, samples etc., then these will be binding upon us only with regard to their outer form and technical design. For dimensional accuracy, only the relevant
DIN standards will apply. The quality and workmanship of the goods will comply with that of the samples provided for inspection before delivery. The unequivocal approval of the samples by the purchaser will preclude any complaints by the purchaser provided that the goods supplied correspond to the approved samples. EWS assumes no liability for the application of the goods intended by the purchaser.
8.2. EWS reserves the right to supply up to 10% more or less than the quantity of goods ordered.
8.3. EWS reserves all rights of ownership and copyright in our drawings, specifications, samples, etc. which can not be made available to third parties.
8.4. Moulds and other tools remain property of EWS, even when their costs form part of the sales price or are reimbursed by the purchaser in any other way.
8.5. In case EWS should be required to supply in accordance with drawings, specifications, samples, etc. supplied by the purchaser, the purchaser will be responsible for ensuring that these do not infringe the patent rights of any third
parties.
8.6. EWS assumes no responsibility for any differences in colour or surface lustre which are due to the quality of the raw material, or for slight dimensional differences attributable to the tolerances in thickness, and format of the material.
Article 9 – Conflicts All conflicts regarding contracts or agreements on which the general conditions of EWS apply will be handled by the Court Of Justice, located in Eindhoven, The Netherlands.
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