GENERAL TERMS AND CONDITIONS
PREAMBLE
1. These General Conditions shall apply when the parties agree In Writing or otherwise thereto. Any modifications of or deviations from them must be agreed In Writing.
PRODUCT INFORMATION
2. All information and data contained in general product documentation and price lists shall be binding only to the extent that they are by reference In Writing expressly included in the Contract.
DELIVERY
3. Any agreed trade term shall be construed in accordance with the INCOTERMS® in force at the formation of the Contract.
PAYMENT
4. Payment shall be made within the agreed terms showing in the quotation.
LIABILITY CLAUSE
5. The Supplier shall not be liable for any damage to property caused by the Product after it has been delivered and whilst it is in the possession of the Purchaser. Nor shall the Supplier be liable for any damage to products manufactured by the Purchaser or to products of which the Purchaser’s products form a part.
If the Supplier incurs liability towards any third party for such damage to property as described in the preceding paragraph, the Purchaser shall indemnify, defend and hold the Supplier harmless.
If a claim for damage as described in this Clause is lodged by a third party against one of the parties, the latter party shall forthwith inform the other party thereof In Writing.
The Supplier and the Purchaser shall be mutually obliged to let themselves be summoned to the court or arbitral tribunal examining claims for damages lodged against one of them on the basis of damage allegedly caused by the Product.
The limitation of the Supplier’s liability in the first paragraph of this Clause shall not apply where the Supplier has been guilty of Gross Negligence.
CONSEQUENTIAL LOSSES
6. Save as otherwise stated in these General Conditions there shall be no liability for either party towards the other party for loss of production, loss of profit, loss of use, loss of contracts or for any other consequential or indirect loss whatsoever.
DISPUTES AND APPLICABLE LAW
7. The Contract shall be governed by the substantive law of the Supplier’s country.