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TERMS AND CONDITIONS OF SALE AND DELIVERY
§ 1. Validity of conditions
All supplies and services “Anlagen-und Kittner Mashinenbau Ltd. carried out under general conditions of supply and sales apply to all future business relationships, unless they have been agreed and confirmed in writing. Procurement and receipt of delivered items from us constitutes agreement with our terms of the customer. “Anlagen-und Kittner Mashinenbau Ltd. will be called below a short Kittner.
§ 2. Offers and supplies
Contained in prospects, brochures, etc., concerning the prices as well are mandatory and binding. Specially developed offers are valid 30 calendar days from the date of the offer, unless otherwise specified in the quotation.
§ 3. Contract
To be valid the contract must be confirmed by us in writing. This also applies where the client has requested a specific offer. Once the customer has made a order is considered an obligation by Kittner side to provide order confirmation. Additional arrangements and changes require your written confirmation. Agreed upon contract signing(order confirmation) descriptions and technical specifications are part of this phase. We reserve the right to express structural changes within the contract(order confirmation), since these changes are not essential and will not harm the purpose of the contract(order confirmation),. For inquiries and orders, attachments such as drawings, specifications, materials, samples, models, etc. remain the property of the client. This is the basis for making the offer by Kittner. When ordering, if customers require additional changes to the main inquiry this wish for change is presented in writing. As Kittner apply documents, drawings, specifications, etc., to the quotation the customer is obligated not provide these documents to a third party.
§ 4. Prices and Payments
Unless otherwise stated, our prices are quoted in EURO / per euro in the Bulgarian market/. They are valid ex works Kaloyanovo Plovdiv as defined in INCOTERMS 2000, Bulgaria. Loading, unloading, packing and transportation shall be borne by the customer, unless agreed otherwise. The price is consistent with all other terms of INCOTERMS 2000, and it can be specified only in a specific confirmation of order. The price does not include sales tax, and VAT. Any further change in the machinery of the customer allows us to price change. For orders with a net worth of goods up to EUR 100.00 a fee of EUR 12.50 is to be charged. For orders that prices are not agreed, our prices are valid on the day of delivery from the factory in Kaloyanovo. When partial deliveries, each delivery shall be calculated separately. If between the date of the order confirmation and / or actual delivery date have more than six months, the valid prices are these which are actual during the time of delivery or manufacture. We reserve the right to adjust price in extreme rise of the material. Our invoices are due 10 days from date of issue, without discount. We may require payment of an amount stated in the order confirmation. For new customers we reserve the right to deliver cash on delivery, advance or partial payment. The cost of installation, repair and technical assistance shall be paid immediately without discount.
§ 5. Delivery
The delivery terms specified by us are binding and may change depending on the timing of delivery of our suppliers if there is no written agreement. Delivery period starts from the date of clarifying all technical data and trade terms, a written confirmation of order by Kittner and date of receipt of advance payment. If we delay with the delivery the client can bring claim in eight weeks period from the date of the additional period for delivery with us. Compensation for damages for failure may be requested if we or our subcontractors have caused damage. Delivery time can be prolonged and due to reasons beyond our control. If delivery is delayed by customer, we have the right after the agreed period, the product to be placed in storage, and storage costs are borne by the customer / invoice is charged.
§ 6. Delivery and transportation risk
Delivery is made through an invoice on behalf of our clients. Delivery and packaging is negotiated with the client. Packaging, safety and transport aids are not to be returned. Optionally, at customer’s expenses, the shipment can be insured against fire, flood, transport damage and damage from breakage and theft. In any case, the delivery risk is borne by the customer. The risk is borne by the customer as soon as the shipment is available on the transport company or has left the warehouse for shipment. Where delivery is delayed through the fault of the customer, the risk is borne by him, notifying the freight forwarding company.
§ 7. Warantee
For defects in the products and services, and lack of warranty parts is the responsibility of Kittner and is as follows: the warantee of parts produced by us is 12 months in operation eight hour per day / to purchase components and elements / pumps, motors etc / security is also 12 months, or limited warranties from our suppliers. The warranty shall begin on the date of invoice or the date of delivery. Rapidly wearing parts not covered by the guarantee. Customer must check for transport damage immediately upon arrival. Any damage must be reported immediately to describe in a document to be verified and signed by the driver. Moreover, our client immediately notified of any possible damage by calling or written notification from the driver / freight forwarding company. Open defects shall be removed immediately but not later than eight days after taking delivery of these defects should be photographed and send them to us. Defects that can not be found, even with diligent examination within the period specified by us must notify us in writing after their detection. When notifying a defect must be given our chance to establish fault on the spot or full support of the client in clarifying the possible reasons for this defect. The violation of previous commitments from any warranty. If there is a defect, we have the right to choose a free repair or replacement part delivery, free shipping for the defective part. In this case the guarantee is limited to the free supply of spare parts, all costs are mounting a customer’s account. The client is entitled to change conditions or to reduce the price only when the repair, replacement and troubleshooting are not made on time, after written notice or multiple attempts to contact us. More claims of the customer and claim damages are completely excluded. Kittner does not warrant the damage caused by the following: inadequate or incompetent installation, respectively. storage of delivered items, improper installation by the customer or third party attempts to unauthorized entry into service or changes due to wear and tear, improper or negligent treatment, chemical influence, etc., and use and maintenance of items not on purpose, according to our manuals. The warranty is void if the customer or third party without prior written consent of Kittner, makes management changes, even when the error occurs in part unchanged.
Information on the subject of supply and its purpose, such as in terms of weight, plant values, temperature, etc.. only reference data and are applied as guidelines, developed by us to test things and see whether these data match. Minor differences are not a prerequisite for a claim for damages.
For repairs and maintenance of our products, we provide our professional customer service and our trained agents in the country to eliminate the defect by applying the relevant principles of payment. The client has no right to send installers without the express written consent from our side. Excluded is the responsibility of our company products for different damage outside the warranty period.
For all claims of the customer to us, he agrees to claim only according to condition of these terms and on such a scale in which we have the right to bring claims against the manufacturer of defective parts.
§ 8. Save property
Supplied by us remain our property until full and final settlement of all current and future business relationships with our customers. Failure to comply with contractual obligations from customers, we have the right to take back the items / goods. Pledges as collateral are ineligible. Of resale or other rules / insurance claims, collateral / arising in relation to goods which have already been taken fully to us. When accessing a third party in respect of goods, the customer must notify us immediately by owner. In such access of all costs and damages shall be borne by the customer.
§ 9. Limitation of Liability
Compensation for impossibility of performance, breach of contract, fault in terminating the contract and illegal trade relations are excluded both against us and our agents. If our behaviour or that of our agents is not intentionally or it is caused by negligence the business relationships continue.
§ 10. Privacy and final provisions
Client is engaged with any information, know-how and other secrets related with the order. Information, documents, drawings and specifications and other materials are strictly confidential and should not be available for a third party without the express consent of Kittner. Kittner will thread the customer documents as confidential. For all legal relations between us and the client, apply the laws of the EU. In the event of litigation arising directly or indirectly from the contractual relationship shall be referred to court in Plovdiv, if not governed by law other place of execution. If any provision of these business relationships or other agreements with the client become invalid, the remaining provisions or agreements with customers are not affected. At the same time / simultaneously / Invalid conditions are replaced by valid.

© 2008 Kittner Anlagen-und Maschinenbau EOOD