GENERAL CONDITIONS OF PURCHASE INDUCTOTHERM COATING EQUIPMENT SA (Belgium / GD Luxembourg)
In these Conditions of purchase INDUCTOTHERM COATING EQUIPMENT SA will be designated by the terms of Buyer.
Terms of Seller designate any natural or legal person who will be responsible for the execution an order.
Unless otherwise agreed in writing by the Buyer all contracts purchase is subject to these conditions to the exclusion
of any contravention by the Seller.
1 CONTRACT FORMATION
1.1 RFQs by Buyer does not constitute a commitment or promise to contract.
1.2 The Seller shall acknowledge receipt of the order within the time specified therein to Later in the week, using the standard form provided at the right of command. Any command not accepted in this period may be canceled by Buyer without this cancellation giving rise to compensation. If the seller has observations to make on the order must do so on pain of foreclosure on the receiving acknowledgment form mentioned in 1.2. above.
1.3 The Purchaser reserves the right, in the light of these observations, to cancel the order without this cancellation giving rise to compensation. In general, any change the terms of the order will be considered accepted by Buyer only if it is subject to a written agreement of the latter.
All rights and any costs (transport, insurance, packaging, etc …) are borne by the Seller. Packaging is granted to the Buyer without the Seller can claim the value.
3 DELIVERY AND TRANSFER OF RISK
3.1 Whatever the origin and conditions of sale, delivery shall be in factories and shops of the Buyer, or the place designated by it.
3.2 The transfer of ownership and the risks occur when the Seller has made his obligation to deliver.
4.1 All entries must be preceded by a shipping notice to the Purchasing Department transmitter and mentioning:
- a) No. Complete the order
- b) indicative of the store at which the consignment is intended, or the place of destination.
- c) the description of the goods shipped.
- d) the packing list with marks and no packages
- e) gross and net weight for each position separately.
When discarded goods are replaced, the shipping will indicate “Replacement …. “(Specifying the scrap commodity and the number of the voucher command).
A copy of this notice will accompany the package. Each package will reference the purchase order and the indication of gross weight.
4.2 The Purchaser reserves the right to return at the expense and risk of the Seller, the Goods received later without shipping notices, and in any case, to make him bear all costs and expenses (shopping, unemployment, transportation, unpacking, packing, etc …) caused by the lack of information on the arrival of shipments.
5.1 Delivery times indicated in the command are required.
5.2 delivery to be made in factories and shops of the Buyer or place designated, the time will not be considered met if the goods are delivered to the designated place within the agreed time.
5.3 In the event of late delivery, the Seller shall pay a lump sum of 0, 50 % Per week of delay, calculated on the total amount of the order, a week started counting for a whole week. This indemnity may be capped through special agreement between the Buyer and the Seller. This allowance will acquired automatically to the Buyer only by the end of the term, without notice or litigation. It will be deducted from the amount of right of the amounts due Seller. Buyer may also, if it thinks fit, upon notice to the Seller, Besides controlling the expense and risk of the latter, the goods or part of Goods subject of the order, and without having to resort to court order. In this case, the agreement regarding the goods ordered ex officio Replacement will be terminated automatically, without recourse by the Seller.
5.4 In any event, the Buyer shall be entitled to claim from the defaulting Seller the compensation provided above (5.3.) counted until the Buyer has received delivery of goods has received delivery of the goods ordered replace those of the Seller.
6 AGGREGATION AND TESTS
6.1 Aggregating the goods delivered, that is to say the agreement of the conformity of the command to the nature of perspective, quantity, weight, quality etc … only take place after check in factories and shops of the Buyer or other place designated for shipping. Only checks carried out using approved equipment by Buyer will act.
6.2 Any provision that is not in full accordance with the provisions of the control may be refused by the Buyer.
6.3 The Seller shall take at its own expense and within the period to be fixed him rejected goods or provided too, even when they have been stored, the Buyer shall incur no liability in this respect. At maturity this period, the Purchaser may dispose of the goods not included.
6.4 Failure to comply with the order delivery, the Purchaser reserves the right to replacement at the expense and risk of the Seller and the Seller shall also repair of delays caused by the refusal to not approved, in accordance in Article 5. para. 3 and 4.
6.5 The test fee payable under the order are paid by the Seller.
7 CANCELLATION OF ORDER
Regardless of the case of order cancellation the Buyer has reserved Article 1 para 1.2. and 1.3. Buyer may cancel all or any part order placed Seller when it seeks a friendly agreement with creditors, request an arrangement with creditors or is declared bankrupt.
8.1 The Seller will send a duplicate invoice shipping and good command, the “Accounts Payable” service of the Buyer in Herstal.
8.2 The payment of the invoice is 60 days end of month from the date of its entry into service “accounting Providers” of the Purchaser, provided that it is established accordance with the requirements of the Buyer, complete, consistent with the order and
without having been anticipated. In case of early delivery, without prior agreement of Buyer, the payment period will take over at the delivery date to the order, without prejudice to the application of the following paragraphs. In case of supply incomplete elements forming part of a set or series, the period of payment shall commence until the day on which the delivery is completed or the date the date of the invoice will be received if the receipt is after the delivery. In case of provision inconsistent with the commendation, the period shall run as from the receipt the goods replaced or the credit note to be sent by the Seller after agreement of the Purchaser.
8.3 The Seller can not have on the body of the Buyer without authorization of the last.
8.4 The Purchaser reserves the right to make payments in discounts or drafts or other negotiable instruments and practicing clearing its debt with debts due that possess the Seller.
9.1 All goods supplied by the Seller are guaranteed free from defect in material or manufacturing defect or design.
9.2 Any provision or part found defective supply will be replaced without no cost to the Buyer.
9.3 Any costs incurred by Buyer in connection with the defective supply will reimbursed by the Seller which may be required in addition to damages to the Purchaser.
10 INDUSTRIAL PROPERTY
10.1 models, tools, drawings or other technical documents submitted by the Buyer Seller prior to ordering or implementing it are full property of the Buyer. Seller will not be disclosed to third parties except of approved contractors in writing by Buyer; it is prohibited to make use of other than for the execution of the order: he shall restore them immediately Buyer, at the request of the latter.
10.2 Except where plans or models are supplied by Buyer, Seller warrants that the material he provides does not contravene any patent or trademark, or to no law on the protection of industrial property.
Any disputes which may arise from agreements concluded the Purchaser will proteas in the Courts of Liege, only competent, even in cases of appeal or plurality of defenders.