Roxell HaiKoo, Инструкция по использованию и сборке

Страница: 89 / 90

Update 10/2009
Roxell nv, Industrielaan 13, B-9990 Maldegem (Belgium)
Tel. +32 50 72.91.72 - Fax. +32 50 71.67.21 - E-mail
roxell@roxell.com - Website www.roxell.com
P 2 / 2
Article 4. DELIVERY – PASSING OF RISK
4.1.
The goods shall be deemed to have been sold and definitively taken delivery of at the Seller's works, even if they have to
be dispatched carriage paid.
4.2. The Purchaser must collect the goods himself and take delivery of the same not later than 5 working days from the advice of
availability.
4.3. Should the Seller have acted as an intermediary for a means of transport for the Purchaser, the Seller cannot be held
liable on account thereof; any and all expenses arising there from shall be charged to the Purchaser at cost price. Unless
otherwise agreed, any and all goods shall travel at the Purchaser’s sole risk.
4.4. Any complaints in connection with any such deliveries as are not in conformity with the order placed or in connection with
visually defective parts must be lodged in writing with Roxell within 5 working days from the receipt of the goods.
4.5. The supervision during the assembly shall never form part of the agreement. The Seller may, however, agree to put specialized
workers or assemblers at the Purchaser’s disposal at the latter’s request under special conditions. In such case the work
performed by such workers or assemblers shall take place under the supervision, at the expense and under the responsibility of
the Purchaser, who shall bear the insurance charges on account thereof.
4.6. The purchaser agrees to inform the user about the safety and usage in accordance with the instructions of Roxell.
Article 5. DELIVERY PERIOD
5.1.
Unless otherwise agreed in writing, the delivery period shall run from the latest of the following dates:
a) the date of the formation of the agreement as set forth in article 2.
b) the date on which the Seller receives an instalment, or as specified in the agreement.
5.2. Unless otherwise agreed in writing, the terms of delivery shall be indicative only. Should the delivery period be exceeded for any
reason whatsoever, the Purchaser shall not be entitled:
a) to claim compensation and/or demand the termination of the agreement.
b) not to meet his obligations under the agreement.
5.3. Shall be regarded as releasing circumstances: labour conflicts, fire, mobilisation, seizure, embargo, foreign exchange transfer
prohibition, uprising, shortage of transport means, general scarcity of raw material,
limitation of energy consumption, natural disasters. The party invoking the above circumstances must notify the other
party of the occurrence and end of such circumstances immediately by registered letter.
5.4. Should the Seller have undertaken to observe a special term of delivery, as provided for in article 5.2, and if the Seller does not
observe such term of delivery for any reasons other than those set forth under 5.3., the Purchaser must give the Seller notice of
default in writing by registered letter. Should no action have been taken on such notice of default after 4 weeks, the Purchaser
shall be entitled to cancel the order without, however, being allowed to claim damages on account thereof.
5.5. In the event of dissolution of the sale at the charge of the Purchaser, fixed damages amounting to 30% of the purchase
price shall be payable by the Purchaser.
Such indemnity shall amount to 75 % of the purchase price if the products were “tailor-made” according to the
specifications received from the Purchaser.
Article 6. INTELLECTUAL PROPERTY
Roxell shall retain the exclusive rights to the intellectual property of plans, concepts,
drawings, assembly instructions, etc. as far any and all goods delivered by Roxell are concerned.
Article 7. PRICES
7.1.
Any and all prices stated are ex works Maldegem Belgium, including packaging (except for seaworthy packaging), and
exclusive of VAT.
7.2. The prices shall be calculated on the basis of the current price of the raw material, wages and social security charges. Unless
otherwise provided for, the prices shall be revised applying the following price revision formula:
) ( c
S
S
b
M
M
a P p
o o
o
+ + =
wherein:
- P
o
and P are the prices respectively at the moment of order (P
o
) and after any change of the prices of the materials
concerned and of the wages, the latter increased by social security charges and insurances (P);
- M
o
and M represent the prices of the main raw material at the time of order (M
o
) and after any change (M);
- S
o
and S represent the wages, increased by the social security charges and insurance as they were at the time of
order (S
o
) and as they are after any change (S).
Article 8. INVOICING CONDITIONS
8.1.
In order to be acceptable, any complaints about our invoices must be lodged by registered letter within eight working
days from the date of receipt of the invoice concerned.
8.2. Our invoices shall be payable in cash in Belgium on the date of invoice or on the due date mentioned on our invoices. The
payment thereof cannot be postponed on account of a delay in the assembly or putting into service of the delivered
equipment or on account of alleged faulty or incomplete deliveries or for any other reason whatsoever.
8.3 In the event of late payment, the invoice amount shall be increased ipso jure and without any demand for payment by 1 %
interest per month started.
8.4. As long as the purchase price has not been fully paid, the Seller shall remain the owner of the delivered goods. The transfer of
ownership to the Purchaser shall take place as soon as the total purchase price has been paid. The Purchaser shall be liable for
any damage caused to any such delivered goods as of which the Seller is still the owner.
8.5. In default of payment of an invoice on its due date on purpose or by negligence and after a demand for payment within eight
working days sent by registered letter has not been complied with, the invoice amount shall be increased ipso jure by 15 %, €
120 being the minimum.
Article 9. COMPETENT COURTS – GOVERNING LAW
9.1.
In the event of any dispute, the Ghent Courts shall have exclusive jurisdiction.
9.2. The sales agreement shall be governed by the laws of Belgium.