General Terms and Conditions & General Service Conditions

You’ll find the General Terms and Conditions of the asecos Safety and Environmental Protection Inc. on this page.

asecos
Safety and Environmental Protection Inc.
19109 West Catawba Avenue, Suite 200
Cornelius, North Carolina, 28031, U.S.A
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  • Quotation & Conclusion of Contract – GTC

    All quotations, sales and deliveries will be made by virtue of the following terms and conditions. Orders shall be deemed accepted if they are confirmed by us in writing. Our quotation shall be deemed non-binding until such time. Orders, amendments, modifications etc. by phone, by telegraph or orally shall be required to be confirmed in writing from the customer and confirmed by us in writing in order to be effective. Provisions, remarks etc. that may be made by principals, which are not covered by these terms and conditions, shall only be valid if they were acknowledged by us in writing. Measurements, weights, illustrations, designations and drawings shall only be binding for the execution if they are explicitly confirmed by us in writing. We reserve the property rights under property and intellectual law with regard to illustrations, drawings, sketches and other documentation. Such documents may not be made accessible to third parties without our approval and they must be returned at our request. Customers shall be required to guarantee that design drawings submitted by them do not interfere with third party property rights. We are not obliged towards the customer to verify if any third party property rights are violated by design drawings submitted by customers and in the event of execution. If any liability toward third parties occurs nonetheless, the customer shall be required to hold us harmless in the event of recourse claims.

     

    A cancellation fee will be applicable for all goods manufactured to order. The charge will be determined at an appropriate rate to recover costs incurred by the seller. For items not manufactured to order, a restocking charge will be applicable at the discretion of the seller.

  • Prices – GTC

    Prices shall be made in US DOLLAR plus applicable tax and are ex works excluding packaging unless otherwise agreed upon and otherwise stated.

    In the event that materials and auxiliary materials, freight and energy costs, wages and salaries and the like increase by the delivery date, we reserve a corresponding advance in price or subsequent billing provided that delivery and provision of the service are made later than four months following conclusion of the contract.
  • Delivery Conditions – GTC

    Delivery periods stated are approximate and non-binding unless expressly otherwise agreed upon. Where queries with regard to the execution are made, the delivery period shall run starting with that date on which issues of this sort are clearly defined and both parties agree upon all provisions of the conclusion of the contract. The delivery period shall be based upon the completion at our facility, which means Gruendau Germany, for production orders and Piscataways, NJ, USA, for stock orders, and therefore does not include any transport time. Compliance with the delivery period shall require the contractual obligations of the customer being fulfilled and the dates of payment agreed upon being met. The delivery period will be reasonably extended by unforeseen events outside our sphere of control such as breakdown by mobilization, war, blockade, unrest, export and import bans, fire, strike, lockouts, machine breakage, energy supply, lack of raw and operating materials as a result of delayed delivery of subcontractors. Partial deliveries shall be permissible it not otherwise agreed.
  • Shipping – GTC

    Shipping will be made in accordance with Incoterms 2020. The Incoterm, which is used for a specific order, is confirmed with the order confirmation, invoice or quote. The choice of transport route and transport means is made at our best discretion without any liability for the most cost-effective shipping unless quite specific instructions are given. If no freight and / or no Incoterm is specified on asecos’ document, the order shall be deemed as self-collection order (FCA Gruendau). The risk will pass to the buyer upon specified Incoterm.

    For self-collection orders, the risk will pass to the buyer upon notification of readiness of shipping, however no later than upon handover to the carrier.

    If the shipping is delayed by fault of the customer, we shall be entitled to take out insurance against all relevant risks at the expense of the customer. Further, if the shipping is delayed by fault of the customer, we shall be entitled to charge for storage costs.
  • Packaging – GTC

    Required and stipulated packaging will be charged at the lowest price possible unless included in the price. asecos always recommends the most suitable transport packaging for each transport route. If asecos organises at least a part of the transport, the recommended transport packaging is mandatory. If asecos is not organiser of the shipment at all and the customer signs off a disclaimer, the customer can choose a lighter transport packaging.
  • Liability for Defects – GTC

    If goods delivered fail to conform to the contractually agreed upon or statutory quality, our liability shall be limited to the claim for rectification. Customers may, however, reserve the right to reduce or to withdraw from the contract at their discretion in the event of a failure of rectification following expiry of an appropriate period. Any liability for consequential damages shall be excluded unless they are a result of grossly negligent behaviour on our part or related to the injury of life, body or health or the violation of a cardinal obligation.

    Should the buyer not receive the correct quantity, or if goods are received in a damaged condition, then the buyer should mark the delivery document as appropriate. The seller should then be notified immediately in writing, as claims will not be accepted beyond five days from receipt of goods. The goods will be dispatched free from defect and in accordance with manufacturer’s specifications. In the event of any damage or claim against the product then the decision whether to replace the defective goods or to repair them shall be at the discretion of asecos and subject to the condition under which the article has been installed and used. Any costs incurred due to unjustified complaint will be recovered from the customer.

    Any liability for defects shall be excluded if the customer carried out improvement work within the rectification period without our consent.
  • Payment Conditions – GTC

    Payment shall be made within the agreed period of time which is confirmed on our order confirmation, invoice or quote. In the event of deferred payments or payments made later than by the date agree upon, interest amounting to 2% above the base rate of the European Central Bank will be charged without any further notice of default being required. Any offset shall be excluded unless the counterclaim offset is uncontested or legally determined. Reasonable doubts regarding the buyer’s solvency entitle us to claim an advance payment for the yet outstanding delivery of all running contracts. Reasonable doubts exist if a credit insurer or agency globally recognized makes a negative decision on a credit application or expresses second thoughts regarding the customer’s creditworthiness. If the customer fails to make the advance payment within a reasonable period, we shall be entitled to withdraw from any and all or individual delivery contracts by unilateral declaration.
  • Retention of Title – GTC

    We reserve title to the item until receipt of all payments from the delivery contract. In the event of any behaviour contrary to the provisions of the contract on the part of the buyer, including but not limited to default of payment, we shall be entitled to take legal steps according to national law.
  • Place of Performance and Jurisdiction – GTC

    Upon placement of the order, the parties to the contract simultaneously and expressly agree upon our respective place of business being the place of performance and jurisdiction for disputes arising from the contractual relationship. This shall include but not be limited to the competence of a court of the first instance unless the customer has a general place of jurisdiction in Germany.
  • General Provisions – GTC

    These General Terms and Conditions of Sale and Delivery shall be based upon North Carolina state law. It is exclusively the law of the US state North Carolina that is relevant to contracts concluded on this basis and their interpretation. Customer conditions of purchase conflicting with such provisions shall be non-binding for us even if the relevant customer has taken them as a basis and we do or did not separately object to them. The delivery contract shall not become ineffective in its entirety by the ineffectiveness of individual provisions. A potentially ineffective provision shall be replaced by an effective provision corresponding or coming closest to its sense.

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