General Condition

TERMS & CONDITIONS
Customer and Vibrasens agree that the purchase and sales of Vibrasens products ("the Products") are made under these terms and conditions, and that Vibrasens SHALL NOT BE BOUND BY CUSTOMER'S ADDITIONAL OR DIFFERENT TERMS. Any conditions stipulated by the Customer which are in contradiction to these General Terms & Conditions of Sale shall only be valid if expressly acknowledged by Vibrasens in writing. Customer's order and purchase of the Products shall constitute acceptance of these terms and conditions.

ORDERS
All orders are subject to acceptance by Vibrasens. Vibrasens's booking of an order shall constitute its acceptance of an order.

PRICES AND PAYMENT
Unless otherwise agreed upon, the prices are net ex works (Incoterms 1990) plus any applicable VAT, including standard packing, in Euro currency, without any deductions whatsoever. Vibrasens reserves the right to adjust the prices in case the wage rates and/or the raw material prices vary between the submission of the tender and the contractually agreed performance and/or if Vibrasens is charged with price increases

All quotations shall expire thirty (30) days from date of issuance, unless otherwise set forth on the quotation or agreed in writing. Customer shall make payment in full prior to or upon delivery by cashier's check, or money order, unless Vibrasens approves Customer for credit terms. If Vibrasens approves Customer's credit application, payment shall be due no later than 30 days from the date of Vibrasens's invoice. All sums not paid when due shall accrue interest daily at the lesser of a monthly rate of 1.5%.

DELIVERY
Vibrasens shall deliver the Products to a carrier at Vibrasens's plant and shall clear the Products for export destined outside European Union. Customer shall pay all freight charges, applicable import duties, and other necessary fees and shall bear the risks of carrying out customs formalities and clearance. Shipment dates are scheduled after acceptance of orders and receipt of necessary documents. Vibrasens shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to natural ca-tastrophes, acts of Customer, inability to obtain necessary labor or materials. Vibrasens's estimated shipping schedule shall be extended by a period of time equal to the time lost because of any excusable delay. In the event Vibrasens is unable to perform in whole or in part because of any excusable failure to perform, Vibrasens may cancel orders without liability to Customer

LIMITED WARRANTY
Vibrasens Products are warranted against defects in materials and workmanship for a 1 year period of time from the date Vibrasens ships the Products to Customer ("Delivery Date"). Customer must obtain a Return Material Authorization number from Vibrasens before returning any Products under warranty. Customer shall pay expenses for shipment of repaired or replacement Products to and from Vibrasens. After examining and testing a returned product, if Vibrasens concludes that a returned product is not defective, Customer will be notified, the product returned at Customer's expense, and a charge made for examination and testing. This Limited Warranty is void if failure of the Products has resulted from accident, abuse, misapplication. For replaced or repaired parts the guarantee period starts anew and lasts 1 year after replacement or completion of the repair, but no longer than the expiry of a period being double to the guarantee period stated in the preceding paragraph.

RETURN/CANCELLATION/CHANGE POLICY
Customer may return unwanted Products within thirty (30) days of the Delivery Date. Customer shall pay a fifteen percent (15%) restocking charge on any unwanted Products returned to Vibrasens. No returns will be accepted after the thirty (30) day period has expired.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES
The entire liability of Vibrasens and its distributors, and suppliers is set forth above. To the maximum extent permitted by applicable law, in no event shall Vibrasens and its distributors be liable for any damages, including, but not limited to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Products.

ACKNOWLEDGMENT/GOVERNING LAW
The place of jurisdiction for both the Customer and Vibrasens shall be Besancon / France. The contract shall be governed by the French law. Both parties acknowledge that their attention has been drawn on these General Terms & Conditions of Sale.

 

Revised October 2019
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Any rights not expressly granted herein are reserved.