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Hydraulikzylinder • Hydraulic cylinders • Vérins hydrauliques • Cilindros hidráulicos
General conditions
OBJECT AND SCOPE OF APPLICATION OF THESE STANDARD CONDITIONS
1.1 – These standard conditions shall govern all present and future contractual and pre-con-tractual relations between parties concerning the supply of hydraulic and pneumatic com-ponents, equipment and systems. They shall be coor- dinated with any special conditions agreed in writing by the parties or inserted in the Supplier’s written confimation of accept-ance of order.
1.2 - Unless specificaly approved in writing by the supplier, deviant general or special condi-tions included or referred to by the Customer in his communications to the Supplier shall however be deemed null and void.
FORMATION OF CONTRACT
2.1 – The supply contract comes into force upon written confi- mation of acceptance of order by the Supplier.
2.2 – However, if the conditions indicated in the Customer’s order differ from those in the Supplier’s written confimation, the latter shall count as a new proposal and the contract shall be deemed completed at the moment in which the Customer starts to execute it or accepts the products supplied without express written reservation.
2.3 – Every further Supplier’s offer shall be deemed valid only within the period of time it itself states and exclusively for the complete supply the offer rates.
TECHNICAL DATA, DRAWINGS AND DOCUMENTS PERTAIN- ING TO THE SUPPLIES
3.1 – The data and illustrations resulting from the catalogues, brochures, circulars or other illustrative documents from the Supplier shall be of an indicative nature. This data shall have no commitment value unless expressly mentioned as such in the confimation of order.
3.2 – The Supplier reserves the right to make any modifications o his own products at any moment as he deems appropriate, giving notice to the Customer if they affect the instal-lation. 3.3 – If the Customer proposes modificationsso that it be- comes compulsory to implement them, there shall be full written agreement be-tween the parties on the variations which such modifications my cause to prices and delivery pe- riods previously established. Moreover, the prices could vary in case the ordered quantities should be reduced or the Cus- tomer should ask for a more prompt delivery.
3.4 – The Customer shall expressly undertake not to use, for purposes other than those en-visaged in the supply contract, the drawings, technical information and discoveries relating to the supply which shall remain the Supplier’s property and which the Customer shall not be able to deliver to third par- ties nor reproduce without written permission.
3.5 – Should there be any particular normative law to respect in the Country of destination of the Supply, the Customer is bound to inform the Supplier before the stipulation of the contract.
EXCLUSIONS
4.1 – Unless otherwise agreed in writing, the plan of the sys- tem, the installation of equipment supplied, special testing,
manuals and trading courses, assistance with start-up and all services and costs not mentioned in the Supplier’s written confimation of acceptance of the order shall not be included in the sup-ply.
4.2 – Likewise the costs of packing, taxes, stamp duties, cus- toms expenses, duties and any other extra expenses shall not beincluded in the prices unless otherwise stated in the Sup- plier’s written confimation of acceptance of order.
DELIVERY
5.1 – Unless there is agreement to the contrary, the sup- plies shall be deemed to be goods supplied ex works, without packing.
5.2 – With handover of the equipment to the Customer or car- rier the Supplier shall be released from the obligation to de- liver and all risks on the equipment itself shall pass to the Customer even in theevent where the Supplier is responsible for the despatch or assembly for working.
5.3 – The delivery deadlines shall be regarded as an indication and shall be reckoned in workingdays.
5.4 – Unless otherwise agreed by the par-ties, the deadlines shall start to run from the moment of conclusion of the con- tract, unless the Customer has to meet part of the price on an account basis because then the elapse of the deadlines shall be suspended until he has paid this.
5.5 - It shall be understood that the delivery deadlines are automatically extended:1) if the Customer does not supply in reasonable time the data or equipment necessary to the sup- ply or requests changes during execu-tion or, even, delays in meeting the request for approval of the drawings or work- ing diagrams;2) if causes independent of the goodwill and diligence of the Supplier, including delays of sub-contractors, impede or render excessively difficult deliery in the terms es- tablished.
5.6 – In the event the Customer is not in order with payments relating to other supplies, the elapse of the deadlines shall be suspended and the Supplier may delay delivery until the Customer has paid the sums due.
5.7 – It shall be understood that the delivery deadlines are set to favour the Supplier; the Customer may not therefore refuse to take delivery of products before the date set.
5.8 – Unless prescribed under Art. 11 below, in the event of failure to take delivery of products by the Customer for rea- sons for which is he is to blame or, in any case, for a reason independent of the Supplier’s goodwill, the Customer shall bear the risks and expanses for their safe keeping.
5.9 – If the parties have agreed that, in the event of delayed delivery, the Supplier is obliged to pay a sum as a penalty, the Cus-tomer may not ask for sums in excess of the penalty as compensation for damages suf-fered because of the delay.
TESTING AND ASSEMBLY WORK
6.1 – Special testing which may be provided in the written confimation of acceptance of order shall be carried out at the Customer’s expense on the premises indicated by the Supplier.
6.2 – Assembly and working testing, if requested, shall be carried out by the Supplier at the Customer’s expense as.
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