Terms and Conditions
The following Terms and Conditions apply to all business relationships between Vector&Licht Co., Limited (hereinafter called ‘Seller’) and the Buyer unless otherwise agreed in writing.
Conclusion of Contract
- An order shall be binding after Buyer has confirmed Pro forma Invoice. The delivery dates quoted on orders shall be non-binding. Agreed dates shall only be binding if they have been expressly confirmed as fixed dates in writing.
- The Seller reserves the right to partial or non-performance of a contract in case of the Seller’s incorrect or improper deliveries by suppliers. In this case, the Seller undertakes to inform the Buyer without delay and any compensation will be reimbursed. In the event of the non-availability or the partial availability of the goods, the Buyer shall be immediately informed. The payment shall be reimbursed immediately.
- In the case of custom-made products, we shall be entitled to make deliveries of 10 % more or less than the ordered quantity.
- Oral agreements shall have no validity. Additions must be made in writing and confirmed by us.
- We shall reserve the right of ownership and copyright to illustrations, drawings, calculations and other documents. This shall also apply to written documents that are identified as confidential. Before they are passed on to third parties, the Buyer requires our express, written consent.
Price and Payment
- Unless requested by Buyer for a quotation of other terms, prices quoted by us shall be EXW factory, Shenzhen, China.
- Seller reserves the right to change its prices if raw material prices have changed or actual volume is less than forecast volume or there’s any significant change in economic circumstances.
- Payment shall be done in advance and within 7 days after Buyer’s confirmation of the Pro forma Invoice.
- In case delayed payment is accepted by Seller, the Seller may add 1.5% per month to the unpaid balance on all invoices not paid on or before the due date.
- The dates of delivery are provided to the Buyer as a point of reference only and are not binding. The exceeding of a delivery time, by any possible cause, will not be a cause to claim an indemnification and cannot clear the Buyer of his obligation.
- All products will be shipped EXW factory, Shenzhen, China. Buyer shall be responsible for all costs associated with transport.
- The risk of damage or loss of the goods will pass to the Buyer when delivery is made to the possession of the carrier.
- Seller warrants to the Buyer that each Product manufactured and sold by it will be free from defects in material and workmanship in its intended use (normal wear and tear excepted) for the period of thirty-six (36) months from date of Buyer’s purchase from Seller. Manufacturer’s warranty flows only to Buyer. If any Product covered by this warranty is returned by Buyer, within the applicable warranty period set forth above, and upon examination Seller determines to its satisfaction that such product was defective in material or workmanship at the time of delivery to the Buyer (to determine defectiveness, it will be a must that any failure detected on the Product is caused by proved defects on material, construction or production), Seller will, at its option, repair or replace the Product or the defective part thereof, or reimburse Buyer for the purchase price. For purposes of clarity, “repair or replace the Product or the defective part thereof” does not include any reinstallation costs or expenses. If Seller chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Seller may replace it with a comparable product.
- The foregoing notwithstanding, Seller will not be responsible for damage to any Product in case of not respecting Product and/or maintenance instructions, which might be given or found attached to the Product delivered. Also, Seller will not be responsible for damage to any Product resulting from misuse, negligence, force major, accident or resulting from repairs or alterations made by any person or firm not duly authorized by Seller in writing.
- Outside of the scope of product liability law, the Seller‘s liability is limited to malicious intent or gross negligence.
- Liability for slight negligence, compensation for consequential and financial losses, savings not achieved, loss of profits, lost data, losses of interest, and for damages resulting from claims made by third parties against Buyer are ruled out.
- Orders may not be cancelled nor modified unless with the consent of Seller in writing. Such terms will include cancellation charge, payment in full for all work in progress, work finished and all other damages or losses incurred by Seller as a result of such cancellation or modification. The Seller will not accept return of products unless authorized in a written “Authorization for Material Return” prior to return shipment, including return reference number.
- Any dispute will exclusively be judged in accordance to the Laws of China and by the courts of the judicial district of China.