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Terms & Conditions |
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Article 1. Application of these general conditions | |
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1.1 These general conditions are applicable to any clients of Dortron Showtec Co., Ltd., further referred to as Dortron. Changes or alterations of these agreements will only be effective after written confirmation of the parties.
1.2 In case of the client having his own general conditions, they will not be applicable to us in case they are contrary to our own general conditions or we have not agreed to his general conditions in writing. | |
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2.1 All our prices are given based on Ex Works. All transport-charges and expenses for transport-insurance will be taken over by the purchaser.
2.2 All offers are valid for 30 days, unless otherwise agreed.
2.3 All offers are made with reservations to unforeseen circumstances. All additional costs caused by these circumstances will be at the clients expense. | |
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Article 3. Specifications | |
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3.1 All specifications are subject to change without prior notice. |
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Article 4. Packaging, Shipping and Delivery | |
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4.1 Dortron has the obligation towards the client to pack the goods adequately and to protect them in such manner that they are able to reach the destination in good condition using standard transportation. The client is responsible for adequate transport insurance.
4.2 Unless otherwise agreed, deliveries are Ex Works.
4.3 Should the approximate delivery date be exceeded by us, this will not give the other party the right to lay a claim for damage, unless the contrary is explicitly shown. The assessment of this will be ours. In case the delivery date will be exceeded excessively, the client will be consulted.
4.4 The client has the obligation to check the delivered goods immediately upon delivery for any shortcomings and/or visible defects, or perform this check after our announcement that the goods are at their disposal. | |
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5.1 Inspection performed under the lawful import and export commodity inspection authority at the loading port and/or manufacturers’ inspection, unless otherwise arranged, shall be final and conclusive in respect of quality and conditions of the merchandise. The certificate of quality and quality issued by them shall be the foundation of negotiation for payment, and binding upon both parties. | |
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Article 6. Quality/Quantity discrepancy and Claim | |
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6.1 In case discrepancy on the quality/quantity of the goods is found by the Buyers after the arrival of the goods at the port of destination, the Buyers may, within 30/15 days after arrival of the goods at the port of destination, lodge with the Sellers a claim which should be supported by an Inspection Certificate of quality/quantity issued by a recognized public surveyor approved by the Sellers. The Sellers shall, of the merits of the claim either make good the loss sustained by the Buyers or reject his claim. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company. Shipping Company and other transportation organization/or Post Office are liable | |
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Article 7. Reservation of Ownership and Risk of Purchase | |
7.1 Delivered goods remain our property until Dortron has received full payment of the sales price including all additional costs and all other outstanding debts regarding previous deliveries. The ownership and risk for the goods will be transferred to the client after full payment has been carried out.
7.2 Until the client is legally the rightful owner of the goods, the client is not entitled to alienate or sell the goods or lay on burden in any possible manner. The client is obliged to store the goods with the most possible care.
7.3 If Dortron has justified doubts concerning the clients liquidity, Dortron is entitled to postpone the delivery until the client has been able to present positive proof of his liquidity. The client is responsible for damage suffered due to delaying delivery.
7.4 Dortron or his authorized representative is at all times entitled to enter the premises wherein the delivered goods are stored, until full payment has been made. The client commits himself to cooperation and gives Dortron and/or his representative above mentioned authority. | |
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8.1 Dortron is authorized to put a lien on all goods or other means that Dortron has in his possession, until all outstanding debts have been settled. | |
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9.1 The Seller shall not be held liable for failure or delay in delivery of the entire lot or a portion of the goods under this Sales Contract in consequence or War of other Force Majeure incidents. Buyers’ failure to obtain the relative Import License is not to be treated as Force Majeure. | |
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10.1 Dortron is liable for damage occurring to the goods delivered to the client during the guarantee-period, unless the damage was caused by incompetent use e.g. due to neglect of operation instructions provided by us. Our guarantee is limited to free repairs or replacement of the defect goods or parts of them, and is subject to our assessment. Dortron does not give a longer guarantee on goods or parts thereof, than the guarantee given to us by our supplier. In case a product has been supplied to us without any guarantee, we will not grant any guarantee either, unless otherwise agreed in writing.
10.2 The guarantee-period for all goods is limited to one year, with the invoice date as date of reference. There is no guarantee on light bulbs. If the client wishes to refer to this guarantee, he must present an invoice at all times. Without invoice, all rights to this guarantee expire. | |
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11.1 Any dispute arising from or in connection with this contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted by the Commission in Beijing or by its Shenzhen or Shanghai Sub-commission at the Claimant’s option in accordance with the Commission’s arbitration rules. The arbitral award is final and binding upon both parties. | |
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