Schenck Process s.r.o. - General Terms and Conditions

Commercial Delivery Conditions

Price and passing of risk

The prices quoted are for delivery ex works (Incoterms 2000), excluding packing, customs duty and all other costs.
Any taxes, fees and other charges resulting from performance of our delivery and services outside the Czech Republic shall not be borne by us.

Note

In view of the current fluctuations in the steel prices on the world market we reserve the right to verify our prices at the time the order is placed and to adjust them, if necessary.

Payment

1/3	down payment with order,
2/3	upon delivery or - in case shipment is delayed for reasons beyond our control - upon readiness for dispatch, against presentation of shipping documents or notification of readiness for dispatch, respectively, and against commercial invoice.

All instalments net, by direct transfer to one of ouraccounts.

Place of payment: Prague

Time of delivery

At present, the time of delivery ex works is approximately 3 - 4 months after all technical and commercial aspects of the order have been clarified. We reserve the right to re-examine the stated time of delivery upon acceptance of order.

Compensation on account of delayed delivery

Should you incur any damage due to a delay in delivery beyond the confirmed time we are responsible for, we are prepared to pay compensation in the form of liquidated damages, limited to 0.5 % for each full week of delay, but not to exceed an aggregate of 5 % of the value of the delayed portion. All other claims are excluded.

Installation and commissioning

The prices quoted do not include the costs for installation, commissioning and training of operating personnel. On request, we should be pleased to provide specialized personnel on the jobsite, against payment by hours worked and certified on time-sheets, in accordance with our Schedule of Rates applicable at the time of execution of the work.

Warranty

We accept liability for substantial defects in goods/services furnished by us (exceptfor normal wear)for a period of 12 months from the passing of risk of loss, provided that we are at fault for the defect and that same can be proved to have arisen prior to the passing of the risk of loss. To the exclusion of any further remedies, we will bear the direct cost of the repair/replacement part and shipment thereof.If the final destination of the goods is outside the territory of the Czech Republic the total cost to be borne by us is limited to the amount of the order value.
In addition, the Schenck General Terms and Conditions of Delivery and Installation valid at the time the order is placed apply.

Applicable law

The Contract shall be governed by Czech substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Liability

Irrespective of the legal grounds we shall only accept liability for damage not occurring on our supplies and services themselves

in case of intent,
in case of gross negligence on the part of corporate bodies or executive officers,
in case of culpable bodily injury, death and damage to health,
in case of defects, which we have fraudulently concealed,
in case of breach of quality and/or durability guarantees, unless otherwise agreed upon in individual cases,
to the extent that liability exists under the Product Liability Act for personal injury and/or damage to personal used items.

In the event of a culpable breach of major contractual obligations, we shall also accept liability for gross negligence on the part of non-executive employees, or in the case of slight negligence. In the latter case, however, our liability shall be limited to reasonably foreseeable damage typical of the given type of contract.

All further liability shall be excluded.

General conditions

Our offer is based on the current Schenck General Terms and Conditions of Delivery and Installation. They are available upon request, but can also be found on the Internet under www.csd.de.

Commitment period

We hold our offer firm for a period of 2 months from the date of quotation.