Sales and delivery terms
Delivery and delivery times
Goods are despatched ex-factory and the order shall be considered delivered from the time the consignment is accepted by a third party carrier.
Temponik Skive cannot be held liable for orders delayed or lost due to strikes, lockout, force majeure or damage resulting from casting or transport, that may cause work to be halted, prevent procurement of the necessary materials or delay despatch of consignments or elements thereof. These conditions shall apply to our own factory and those of vendors.
We do however undertake to advise the purchaser of the occurrence of any such incidents at the earliest possible opportunity.
A consignment shall only include the elements and services stated in the quotation and order confirmation.
Stated delivery times shall only be approximate unless otherwise agreed in writing. All confirmed orders shall be expedited as far as possible in sequence. We cannot be held liable for losses resulting from late delivery.
The price shall only be binding on us if upon receipt of a final, specified order, we have or can procure goods to the prices, exchange rates, delivery times and other conditions we have estimated and used as the basis for our quotation/sale. The prices quoted shall in all other respects only be valid if manufacturing costs do not increase significantly prior to delivery and the same shall apply to delays related to the conditions named above.
Quantity and weight
For manufacturing purposes we reserve the right to increase or reduce the quantity ordered upon delivery by up to 10%. In the event of a complaint over quantity or weight deviations, the consignment shall be inspected when representatives of both parties are present, or weighed on an authorised weighbridge and the costs to be paid by the party that acknowledges liability.
Payment shall be made on or before the date stated in the quotation or order confirmation. Currency exchange fees to be paid by the purchaser.
Packaging will be invoiced and will not be accepted for return unless otherwise agreed.
Complaints may be made no later than 8 days after receipt of goods or invoice. Goods that as a result of manufacturing defect may be unusable, shall be repaired or replaced at no cost, when the defective elements are promptly returned. We cannot be held liable for any additional compensation for costs related to the complaint.
Tools debited in whole or in part are retained at Temponik Skive’s stores and not given up to the customer, but are for the sole use of production of that customer’s orders. Production takes place when tool is fully paid by the customer.
As from today’s date and with regard to the terms of our product liability insurance, we shall supplement our general sales and delivery terms with §36 of “General Terms and Conditions of Delivery NL92”, reproduced below:
Liability for damage caused by the material (product liability).
The Purchaser shall indemnify the Vendor to the extent the Vendor is liable to a third party for such damage and loss that the Vendor shall not be liable to the Purchaser in accordance with the second and third articles of this clause.
The Vendor shall not be liable for damages caused by the material:
a. to property or items whilst the material is in the possession of the Purchaser.
b. to products manufactured by the Purchaser or products in which they are an element, or for damages to property or items such
products may cause as a result of the material.
Under no circumstances shall the Vendor be held liable for loss of earnings, loss of profits or other financial consequential loss.
The limitations to the Vendor’s liability stated shall not apply in the event of gross negligence on the Vendor’s part.
In the event of a third party making a claim against one of the parties for compensation with regard to this article, that party shall advise the other party immediately.
Vendor and Purchaser are mutually obliged to submit to the judgement of the court or arbitration court that may consider a compensation claim raised against them due to damage or loss allegedly caused by the material.
The mutual relationship between Purchaser and Vendor shall however always be decided by a court of arbitration in accordance