These General Terms and Conditions apply to all purchase contracts between SRP and the buyer of SRP’s products (“Buyer”).
1. ORDERS, PRICES AND PAYMENTS ETC.
a) All prices offered for exports are exclusive of VAT and other taxes or official duties.
b) An offering shall be binding for SRP for fifteen (15) days from the date of the offer, unless otherwise stated in writing. No representations outside the offer or order confirmation shall be binding upon SRP unless confirmed in writing. Regardless of the foregoing, SRP may adjust the offered or agreed price to reflect any change in cost to SRP due to any factor beyond SRP’s control such as foreign exchange fluctuations and alterations in duties or taxes.
c) Unless otherwise agreed in writing the Buyer shall make payment net cash in USD or EUR in advance prior to SRP’s shipment. When invoice credit is agreed.
d) SRP is entitled to request adequate security for any outstanding part of the purchase price until the purchase price has been fully paid. SRP is entitled to cancel the purchase if adequate security, in the opinion of SRP’s, is not presented immediately upon such request.
a) Unless otherwise agreed in writing, all Products are sold Ex Works SRP’s warehouse .
(Note: Part prices that are offered by SRP company are based on EXW unless the order amount is more than $ 10,000,00. When invoice amount is less than $ 10,000,00, handling fee will be added to buyer invoice)
b) If the Buyer fails to take delivery of any shipped Products (“Shipment”), SRP may at its option sell the Shipment for the account of the Buyer and the Buyer shall be liable for all costs and expenses incurred by SRP and the difference between the proceeds of sales and the Buyer’s purchase price.
c) The Buyer shall inspect the Shipment immediately upon delivery and shall within seven (7) working days from receipt of the Shipment in the Buyer’s warehouse notify SRP of any matter or thing by reason of which the Shipment is not in accordance with the contract. If the Buyer shall fail to give such notice within said period, it shall conclusively be deemed that the Shipment with regard to quantity, number, weight and volume is in accordance with the contract and that the Buyer shall have no right to reject the Shipment.
d) Delivery time is 20 days after order cofirmation unles otherwise has been agreed.
3. TRANSPORTATION AND PACKAGING
a) All quotations are Ex Works unless otherwise has been agreed. SRP will handle packing and delivery of Products to the customer. Transportation, handling fees and insurance will be charged in accordance with SRP’s rates prevailing at the time of delivery.
b) SRP will not compansate any loss or damaged caused by shpping companies.
a) SRP guarantees that the Products will be free of faults and shortcomings in construction, material and manufacture for a period of twelve (6) months from putting the Product into operation. (Note: Oem electrical parts and windscreen do not have any guarantee )
b) The guarantee is subject to the following conditions: (i) the Buyer has complied with its obligations in this agreement and in particular has made payment in full for the Products, (ii) the Buyer has not carried out any repair, alteration, process, operation or treatment to the Products without SRP’s written consent, and (iii) the Buyer notifies SRP in writing of such fault or shortcoming no later than fourteen (14) days after the day the Buyer discovered or reasonably ought to have discovered the fault or shortcoming.
c) After the receipt of a claim in accordance with the foregoing, and approved by SRP, at SRP’s option, accept the return of the faulty Product and reimburse the customer an amount equal to the purchase price, or repair or replace the faulty Product.
d) SRP’s responsibility for faults or shortcomings of delivered Products is limited to the above. The Buyer is not entitled to any other remedies, than those set out above, in relation to faults or shortcomings.
5. INTELLECTUAL PROPERTY RIGHTS AND INFORMATION
a) SRP may without notice make any change to the specification of the Products. If Products are manufactured or any process is applied to the production at the request of the Buyer, the Buyer shall fully reimburse SRP for any and all costs and damages that might occur as a result of the specification or application of process infringing third party intellectual property rights.
b) The property of all documents and tooling prepared, manufactured or supplied by SRP and all intellectual property rights therein shall vest in and remain with SRP.
c) The Buyer shall immediately notify SRP of any claim of a third party alleging that Products delivered by SRP infringe intellectual property rights. The Buyer shall upon SRP’s request give SRP the sole authority to defend or settle the case, provided always that SRP undertakes to do so at its own expense.
d) If it is held that Products delivered under this agreement have infringed third party intellectual property rights, SRP shall, at his own expense, and at SRP’s option, obtain for the Buyer the right to continue using the Product, replace or modify it so as to become non-infringing or, in exchange for the return of the Product, reimburse the price of the Product.
e) The Buyer is not entitled to any other remedies, than those set out above, in relation to SRP’s Products infringing third party intellectual property rights.
6. RETENTION OF TITLE
Products delivered shall remain the property of SRP’s until the Products have been paid in full.
Either party’s failure to enforce breach of this agreement or to exercise its rights due to such breach shall not be deemed a waiver of such rights to enforce any future breach of agreement.