Preliminary Remarks
The following sales conditions are related to any order of goods.
No variation will have any effect unless it is writing. In case of discrepancy,
these sales conditions will overcome any eventual purchase condition by the
customer. VC has the right to modify the size and structure of products in
order to improve their functions and technical specifications without notice.
For the sale contract to be affirmed, it is necessary that the purchase order,
transmitted by the customer directly to VC even by fax, is formally accepted
in written form by VC through confirmation of order. Any shipment for supply
the ordered items only includes what is expressly mentioned in the confirmation
of order acceptance transmitted by VC to the customer.
Prices
Prices mentioned in this price list are subject to change without notice,
further to any rise of costs by VC and/or the manufacturer and/or change value
with foreign currencies. Prices include standard packaging charges, any other
cost for special packing required by the customer being at exclusive charge
of this last. Prices do not include transport costs, nor any eventual custom
and/or insurance charges, nor installation, nor taxes/charges/rights to be
paid to any public or private associations to any title, nor VAT and other
accessories.
Payment terms
Payment must be done to VC directly before delivery, except for different
written agreement, in the agreed form and within the agreed period of time,
any transmission of money always being at customer's risk. In case of delay
in the transmission of payments, VC can suspend warranty and stop deliveries
of goods.
Termination of supply agreement
In case the customer would suffer permanent insolvency, bankruptcy or liquidation
by agreement or by a court, or dishonour a bill or a cheque, then VC shall
be free to terminate the contract at his own will, by giving written notice
to the customer.
Artistic, Industrial, Intellectual Property
The customer will be liable and only responsible for any violations of both
VC and third parties rights and in particular for copyright and any rights
related to the trade marks and the names and designs that he intends to mention
onto ordered packages, as well as for any reproductions of the size and external
aspect of third parties´products. Therefore, the customer is obliged
to indemnify VC for any prejudicial effects to the extent that they result
from any claims or actions by third parties with respect to violations of
those rights. VC is a registered trade mark, so that any violations of its
relevant rights can be prosecuted by the law, in conformity with the purposes
of the German law and of the EEC Dir.nr. 100 dated 1992. The customer shall
not be deemed to acquire nor he acquires any intellectual property right in
relation to the goods purchased at VC, being stated that he cannot copy nor
imitate the Products.
Reserved Domain
VC holds the property of the goods until the last payment is made related
to that supply. Therefore the customer shall not alienate the goods nor give
them in pawn nor transfer them anywhere. In case of termination of agreement
caused by customer´s failure(s), eventual money received on account
by VC will be deemed to be kept as indemnity title.
Shipment Conditions
All goods will be supplied according to the proforma invoice.
Delivery terms
Agreed delivery terms are indicatively mentioned, so that they are subject
to both VC & manufacturer´s production opportunities and events
of "Force Majeure" such as strikes by VC and/or manufacturer´s
employed personnel, or by authorities, or natural calamities, and so on. In
any case VC shall be deemed to be liable nor responsible for any direct and/or
indirect damages caused by delayed delivery(ies). Delayed delivery(ies) does
not legitimate the customer to totally nor partially cancel the contract.
Partial shipments are allowed.
Transport Conditions
All goods are shipped for the customer´s account and risk, even when
the transporter/forwarder has been chosen by VC and/or the products are delivered
"free of charge". Any claims related to the supplied goods shall
be sent in written form to VC within 8 (eight) days from receipt or rejected
shipment and at least within 20 (twenty) days from the date of shipment from
VC´s warehouse, under penalty of forfeiture. During 15 (fifteen) days
from the date of claim, rejected goods shall be kept at VC disposal for check-up
and investigations, these last being not to be considered as recognition of
denounced defects of goods, the onus of which ever lies on the customer. Eventual
insurance for transportation shall be expressly and formally required by the
customer and will be effected at this charges. At receipt of goods, the customer
is required to opportunely check and verify the products and, in case of damages
and/or shortage of goods, to immediately address his claims and/or contests
to the transporter/forwarder before accepting the goods and signing the bill
of loading.
Warranty terms
VC guarantees the products for a period of 12 months under warranty following
delivery or shipment of goods against any manufacturing defect. Warranty does
not cover those products that should result tampered, repaired by third unauthorized
parties or misused because of non-conformity to standard provisions of use.
Contested products, that shall result defected at VC´s unobjectionable
opinion, could be repaired or replaced, but in any case and for any reason
VC shall be deemed to be liable nor responsible for any eventual direct or
indirect damages. All claims shall be sent in written form to VC within 15
(fifteen) days from expiry date of warranty period. Reparation and/or substitution
of products shall exclusively take place at VC which the customer is required
to send the defected products to, at his own risk and charges. Warranty does
not cover subject to wear and tear parts such as lamps, batteries, picture
tubes, videorecording heads and so on. Duration of warranty is limited by
the expiry date, even when products have not been installed or activated for
any reason. At expiry of warranty, VC shall be indemnified against any obligation
and liability arising from the contract anymore. Shipments of products under
warranty to VC, as well as any eventual packaging expenses and accessories,
are at customer´s risk and charge.
Return of products (Only against RMA-no.)
Any return of products to be repaired, under warranty or not, will be accepted
only if previously authorised by VC. Products shall be sent into the original
package and together with relevant details concerning official purchase order
and delivery note. The customer is required to add a short remark about the
description of defect. VC shall not refund the customer for the period during
which the system could not operate because of reparation in course or replacement
to do, and no responsibility shall be titled to VC for any eventual damages
caused by defected products.
Through the purchase order, the customer shall be deemed to be responsible
for observance of the law and safety rules related to the use of supplied
products. VC will never be responsible, even indirectly, for failure or insufficient
operation functions of products and/or the relevant damages.
Disputes
In case of disputes arising from or in connection with interpretation or execution
of the supply contract, even in case of foreign customers or goods sent abroad,
the court of Neumünster shall be titled to settle the case.
Derogations
Any eventual agreements totally or partially derogating from the above mentioned
sale conditions shall result in written form, any other solution being without
effects to VC, as well as any other verbal agreements with agents or officials
of the company that have not been confirmed by VC in writing.
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