TERMS & CONDITIONS OF SALE
Unless otherwise specifically agreed in writing by GZ Material Handling Ltd as Seller, all sales are subject to the following terms and conditions. Any general terms and conditions printed on Buyer’s purchase or related documents shall be inapplicable if in conflict with these terms and conditions, except as expressly and specifically accepted by GZ Material Handling Ltd hereinafter the (“Company”) in writing.
For the interpretation of the trade terms and contract is governed by the provisions of the INCOTERMS published by the International Chamber of Commerce (“ICC”) and in force at the date of the Company’s written order acceptance.
If the Buyer cancels or modifies shipping instructions previously given by him, the Company may bill the goods and hold them for the Buyer’s account at Buyer’s risk and expense pending receipt of definite shipping instructions.
The Company does not guarantee delivery of the products sold within the delivery specified. Delivery dates are given and intended by the Company as estimates only and are not an essential condition of performance. Delivery to the first carrier shall constitute delivery to the Buyer. The Company shall not be liable for delays, damages or shortages after delivery to the carrier and in such event Buyer has rights only against the carrier. If shipment is delayed due to an act of the Buyer, delivery to the Buyer will be deemed to occur as soon as the Buyer is notified the goods are ready for shipment and they may be held thereafter for the Buyer’s account and at his expense and risk.
4. FORCE MAJEURE
The Seller shall not be liable for any failure to fulfil its obligations due to any event of force majeure as defined in International Chamber of Commerce Force Majeure Clause 650.
Unless otherwise agreed in writing, prices are quoted “Ex-Works” Seller. The price charged will be the price applicable at the time of delivery.
6. TERMS OF PAYMENT
Unless otherwise specified in writing, terms shall be net 30 days. In the event payment has not been made in accordance with these terms, interest at 8% above minimum lending rate for the time being shall become automatically and immediately payable without notice to the Buyer. If Buyer defaults in payment Seller may suspend all further delivery until the default is cured.
7. RISK OF LOSS
The Seller shall be deemed to have fully fulfilled his obligations upon delivery, save in relation to any defects falling under clause 9.
The Company retains a lien on all goods held for the account of the Buyer for any sums due to the Company whether in respect of this contract or otherwise howsoever.
The Company warrants that all Goods supplied will conform to the Seller’s published standards and will be of satisfactory quality for 12 months after Delivery. The Company will at its own cost provide replacement products for any non-compliant goods.
Our liability under this clause is in lieu of any warrant or conditions implied by law as to the quality or fitness for any particular purpose of the goods, and save as provided in this clause we shall not be under any liability, whether in contract, tort (including negligence) or otherwise, in respect of defects.
10. LIABILITY EXCLUSION
The Seller shall not be liable, whether by way of indemnify or for breach of contract for any loss of contracts, loss of profits, loss of use, or any similar economic loss.
11. RETURN OF NON-DEFECTIVE PRODUCTS
The Company may agree in writing to accept goods for return, provided the goods are not more than one year old from date of invoice, 25 percent restocking charge will apply for goods returned to the Company and will be subject to its inspection and approval, plus in and out freight charges and other costs.
12. JURISDICTION AND DISPUTES
Any dispute arising out of or in connection with this contract shall be subject to English Law and the parties agree to accept the exclusive jurisdiction of the English courts.