Terms & Conditions

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General Terms and Conditions for the DELIVERY OF MECHANICAL, ELECTRICAL AND ELECTRONIC PRODUCTS
- Only valid to a limited degree for the rendering of services such as planning etc. -


1. PREAMBLE
The standard terms and conditions of Inter-Upgrade GmbH meet the Orgalime Conditions S2000 unless limited hereunder. They comply with international standards and constitute a fair basis for purchasers and suppliers. Deliveries are therefore carried out exclusively under these conditions, unless different statements are provided in our confirmation of order. Should the purchaser insist on purchasing specifications different to these, then each statement to which the purchaser attaches great importance and which is accepted by the supplier, has to be part of the confirmation of order. Further conditions are not valid. Offers are subject to change according to these terms and conditions.


2. PRODUCT INFORMATION
No deviations from Orgalime S2000.


3. DRAWINGS AND DESCRIPTIONS
No deviations from Orgalime S2000.


4. ACCEPTANCE TESTS
In principle the acceptance by the purchaser is deemed to be completed as soon as the delivery item has been included in the production plant. Then a signed certificate is no longer required.


5. DELIVERY, PASSING OF RISK
No deviations from Orgalime S2000.


6. DELIVERY TIME, DELAYS
Unless otherwise agreed, any compensation for delayed deliveries is ruled out.


7. PAYMENT
Unless otherwise agreed, 60% of the purchase price becomes due on conclusion of contract and 40% becomes due upon the supplier's advice of readiness for shipment of the delivery item to the purchaser. Shipment shall take place once the second payment has been made. Payments shall be made strictly net within a deadline of 14 days from the date of invoice. Alternatively a confirmed letter of credit can be opened for reasons of mutual security.


8. RETENTION OF TITLE
No deviations from Orgalime S2000.


9. LIABILITY FOR DEFECTS
It is generally agreed that a defect is present only if the contractually warranted performance parameters cannot be achieved with it or if there is risk for life and limb. In order to prevent arbitrary notice of defects, visual shortcomings or shortcomings which might be declared due to an unwished modality, are excluded.
If a defect of a single component of the scope of delivery is notified by the purchaser, the check-up of the component manufacturer (e.g. the valve manufacturer) is decisive for  the acceptance or the refusal of the case of warranty. An extended warranty by Inter-Upgrade GmbH is ruled out. Replacement deliveries may only be carried out as a goodwill gesture.
The warranty period is 12 months from delivery. Should the manufacturer of a single component of the plant (valve, pump, etc.) grant a longer warranty period, this longer warranty period for this special component will be passed on to the purchaser.
The supplier's liability is limited to defects which appear within a period of one year from delivery. If the daily use of the delivery item exceeds that which is agreed upon, this period shall be reduced proportionately.
Should the listed equipment parts be assembled or interconnected by a third party at the behest of the purchaser, then we shall not be held responsible for any faults and defects potentially caused by this external service.
If no specific proficiency is required for the exchange of a faulty part, the supplier's obligation in view of the defects ends with the delivery of the properly repaired or exchanged part to the purchaser. Specific proficiency means that the technical staff (also external persons) of a larger brewery or a food producing business are not usually in a position to carry out this work.
Unless otherwise agreed, the necessary transport of the delivery item and/or parts thereof to and from the supplier in connection with the remedy of defects for which the supplier is liable, shall be at the risk and the expense of the purchaser. The purchaser shall follow the supplier's instructions regarding such transport.


10. ALLOCATION OF LIABILITY FOR DAMAGE CAUSED BY THE PRODUCT
No deviations from Orgalime S2000.


11. FORCE MAJEURE
No deviations from Orgalime S2000.


12. ANTICIPATED NON-PERFORMANCE
No deviations from Orgalime S2000.


13. CONSEQUENTIAL LOSSES
No deviations from Orgalime S2000.


14. DISPUTES AND APPLICABLE LAW
The contract shall be governed by the substantive law of the supplier's country. Place of jurisdiction is Hamburg.


15. MISCELLANEOUS
The CISG (United Nations Convention on Contracts for the International Sale of Goods) is ruled out.
The limits of supply are each of the outer connection points of the specified components (connection thread suction-side of pump, flange of valve), whereby the counterflange including gasket and screw connection is delivered by us.
The prices are valid for two months.
The prices are based on today's cost factors. Should these change before ordering or if requests for modification by the purchaser have to be taken into account, then we reserve the right to correct our prices accordingly.
In addition to the quoted prices, the value added tax effective on the day of calculation shall be invoiced separately.
The adherence to existing and possibly future structural and factory inspectorate regulations, the operating licence and the observance of the respective industrial safety regulations for the operation are incumbent on the purchaser.
Pressure tanks subject to acceptance will be manufactured according to official, German instructions and checked in the factory (construction and pressure test). However, the acceptance test at the installation site according to the pressure vessel decree has to be arranged and the costs thereof are to be borne by the operating company.
All regulations to be observed by the supplier, both those of the purchaser and valid, legal regulations, are to be handed over to the supplier before the order acceptance, giving complete wording and in English or German.
The customer is entitled to get a general idea about the state of affairs by visiting the production facility during office hours.
Liabilities of one party towards the other party for production outages, loss of profit, downtime, contractual penalties or any other consequential damage or indirect damage is excluded herewith.

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