SALES AND DELIVERY TERMS
DATE OF DELIVERY
Date of delivery will be set depending on the availability and the date of order.
Offers are non-binding as long as it is not stated otherwise. The sale is valid only after a written order confirmation. Confidential documents may not be handed to a third party.
Prices are stated excluding VAT. For first time customers payment has to be made in advance. It is not allowed to retain or clear payments or claims with other orders. For all orders going below our minimum order value of 50 €, a minimum order surcharge of 25 € will be added.
The delivery of our goods is executed on the basis of the Incoterms 2010. Promess cannot be held liable for any damage which occurs during transportation. Claims will be the responsibility of the transportation company and have to be reported by the customer. Special packaging for sea-freight has to be requested separately.
In case of deliveries into other EU member states (“Intra-Community Supply”) the purchaser is obliged to support us with any reasonable assistance in order to prove the Intra-Community Supply. In particular, we can request a signed and dated confirmation of the Intra-Community Supply containing at least: name and address of consignee, quantity and commercial description of the goods and place and date of receipt of goods. If the purchaser does not comply with the aforesaid cooperation obligation, the purchaser shall be liable for any damages resulting thereof, especially shall compensate any value added tax (VAT) imposed on us.
RETENTION OF TITLE
Promess reserves the right of ownership on goods delivered as well as the products originating from your processing (reserved goods) until full payment. A processing or reselling is only permitted in normal business activities. The customer shall possess the goods under our sole or joint ownership as a bailee. The customer shall hereby assign the claim from the resale of goods and the authorization for collection of the claims assigned to us at any time if the customer fails properly to fulfill his obligations towards us. The customer is under an obligation to us at all times to present all information desired concerning the reserved goods and the assigned claims and to deliver the corresponding documentation. The customer shall at our request notify to us the identity of the end customer. The resulting costs have to be paid by the customer. If the value of the collateral for us exceeds around more than 20% we are obligated to release reservation commodity after our choice. Enforcement of the retention of title shall not be deemed as a withdrawal from the contract.
If the end-user does not change the product without authorization, Promess is liable for defects as follows (other claims are excluded): defect parts will be changed in our company or Promess will deliver new parts. If not stated otherwise, time of guarantee is 12 months after startup operation but no longer than 18 months after delivery in a one-shift operation. Excluded from the guarantee are damages due to external influences like fire or water, normal wear or improper use. On request defects can be repaired at the customer. In this case the working time and the parts for the repair will be paid by PROMESS. All travel costs have to be paid by the customer.
Complaints or reclamations have to be sent to PROMESS in written form no longer than 14 days after delivery.