VALIDITY / GENERAL POINTS
The terms of sale and delivery apply to all offers, bids, sales and deliveries unless otherwise agreed in writing between the parties.
Prices stated in catalogues, price lists etc. are for guidance and can be changed at any time without prior warning.
Prices stated in offers are only binding on placement of a final and binding order no later than 3 months from the time the offer is made.
Prices stated in offers and order acknowledgements are based on the exchange rate stated in the offer/order acknowledgement (basic rate).
Furthermore, all pricing is based on the customs rates valid at the time of ordering as well as other public/statutory taxes and charges; in the event of these changing, the delivery cost will be adjusted accordingly. All prices are exclusive of VAT.
Unless otherwise specified, prices apply ex seller's warehouse, exclusive of fees and shipping.
Delivery times are calculated from whichever of the following is the latest:
ifm electronic´s receipt of purchaser's order; if the order includes conditions that deviate from ifm electronic´s offer, the date on which such discrepancies have finally been clarified between the parties shall apply.
ifm electronic´s receipt from the purchaser of such complete technical specifications as may be necessary to complete the delivery
ifm electronic´s receipt of any advance payment or deposit that may have been agreed between the parties.
The delivery times stated by ifm electronic are based on delivery details obtained from the supplier in question. ifm electronic does not assume liability to pay compensation for any delays more extensive than the relevant manufacturer's standard conditions.
Moreover, any order received is subject to force majeure, cf. below.
In the event of delayed delivery, where this is due to conditions attributable to the purchaser or as described in the provisions set out above as well as force majeure, ifm electronic is at no point liable for operating losses, loss of profits and/or other indirect losses, including any consequential damage or loss.
Delivery shall take place in accordance with Incoterms 2000 EXW unless otherwise agreed in writing.
TERMS OF PAYMENT
Payment shall be made in cash no later than 30 days from the invoice date, unless otherwise agreed in writing.
If payment is not made promptly, ifm electronic reserves the right to charge penalty interest on the debt outstanding from time to time from the due date as well as reminder fees.
The item(s) sold remain(s) ifm electronic´s property until payment has been made in full.
For injury to persons resulting from faults or defects associated with products supplied, ifm electronic shall be liable in accordance with current legislation on product liability. ifm electronic is not liable for damage to real or movable property unless the product supplied is for private use. ifm electronic is not responsible for operating losses, loss of profits or other indirect losses resulting from product liability.
Any complaints shall be made in writing no later than 8 days after receipt of goods.
ifm electronic´s liability for defects does not cover flaws due to a construction or design stipulated by the purchaser, amendments made by the purchaser without ifm electronic´s agreement submitted in writing, incorrect repairs carried out by the purchaser or at his instigation, incorrect installation, fitting or treatment, faulty maintenance or other factors attributable to the purchaser. Nor does ifm electronic assume any liability for deterioration due to general wear and tear or age.
ifm electronic assumes no responsibility and no liability to pay compensation for any personal injury, damage to other equipment or property, operating losses, or other derivative damage irrespective of the cause.
ifm electronic is liable for personal injury only if it can be demonstrated that such injury is due to fault or neglect committed by the seller or others for whom he is responsible.
The item(s) sold will only be taken back subject to prior acceptance in writing from ifm electronic.
Goods proving within the guarantee period following the delivery date to be flawed with manufacturing or material defects shall be repaired or exchanged for new ones if sent carriage-free to ifm electronic. ifm electronic itself will choose between repair and replacement.
If the purchaser wishes to have goods repaired or exchanged at his address within the guarantee period, ifm electronic reserves the right to charge the purchaser for travel costs.
A guarantee is given on the terms set out in ifm electronic´s catalogue current at the time of entering into a purchase agreement.
ifm electronic is not liable for any loss arising because of regulatory provisions, acts of war, strikes, lock-out, blockade, unrest, fire, import and export bans, transportation issues, general scarcity of goods, delays with or shortages from subsuppliers due to the circumstances mentioned or similar, nor due to other factors outside ifm electronic´s control preventing, delaying or complicating ifm electronic's fulfilment of its obligations.
Any losses arising for other reasons such as internal or external computer processing units not working shall be indemnified only if the client proves that such damage is due to gross negligence displayed by ifm electronic.
Disputes between the purchaser and ifm electronic in connection with deliveries covered by the above shall be settled by arbitration. The court of arbitration shall comprise two members, each party selecting one member. The court of arbitration shall lay down its own procedural rules and, if required, select as umpire a legal expert, who shall have the final decision if agreement cannot be reached. The court of arbitration's decision is final and binding on both parties. The court of arbitration shall also determine the breakdown of costs associated with arbitration between the parties to the case. The court of arbitration's seat shall be in Copenhagen, Denmark.