1. GENERAL PROVISIONS
Our General Terms and Conditions apply to all offers and sales with all customers regardless of their country, type of business entity, or any other characteristic, unless an exception is explicitly agreed in writing by YOSAI Turbo..
We do not acknowledge terms and conditions in contrast with these General Terms and conditions, even if we do not expressly object to them or make reference to them in the correspondence with any YOSAI Turbo employee.
All of our goods, services and offers are exclusively subject to these General Terms and Conditions, even if not expressly mentioned during commercial negotiations and even if are not expressly and separately agreed to by the customer.
The English version of these General Terms and Provision are the only valid for application, regardless of any translation being made.
2. OFFER AND FORMATION OF CONTRACT
Our offers are non-binding unless otherwise agreed. Details of the information being supplied and visual representations thereof are merely descriptive and indicative in nature and shall not be contractually binding. They do not release the purchaser at any time from testing and approvals to confirm the proposed and guaranteed properties as we have no influence on the application/installation situation and the actually prevailing conditions and media.
3. SUBMITTED DOCUMENTS
We reserve title and rights of intellectual property as to design drawings, samples, cost estimates and similar items of business property. They are at all times to be treated as strictly confidential. They may not be made accessible to third parties without our explicit and specific consent.
The consent expressed in any circumstance shall not be interpreted as consent for any successive instance.
4. PRICES AND TERMS OF PAYMENT
If nothing to the contrary has been expressly agreed in writing our prices are in US Dollars, ex works, packing extra at cost and anticipate payment by bank transfer. The legal rate VAT as at the date the invoice is generated shall be added to the price if applicable to the sale. The costs of any goods in transit insurance or similar shall be borne by the purchaser. Where partial deliveries are effected, each individual delivery may be invoiced separately.
YOSAI Turbo reserves the right to revise the prices based on increases in price of raw materials, manufacturing costs, or other reasons. The updated prices will apply automatically to all new enquiries and purchase orders. Existing orders at the time of price change may be re-discussed with the customer.
5. DELIVERY TIMES, IMPEDIMENTS TO DELIVERY
The delivery times in our offers and order acknowledgements are based on the momentary stock, and production schedules. The delivery times in offers are valid only if the corresponding order is confirmed immediately.
Where unforeseen impediments arise lying outside the scope of our intent and which we cannot avoid despite having exercised all due care under the circumstances of the case - irrespective of whether such impediments occur with respect to us or with respect to a subcontractor - such as force majeure (e.g. war, fire and natural disaster), delays in the supply of raw materials, etc., we shall be entitled to extend the time of delivery in whole or in part, for a period equal to that of the duration of the impediment.
6. TRANSFER OF RISK UPON SHIPMENT
The risk of accidental loss or accidental damage to any shipped goods is transferred to the customer at the moment of dispatch from our premises. This applies for all shipping modes, regardless of the Incoterm applied to the shipment, and regardless of who bears the freight costs. In case of shipments organized by YOSAI Turbo, insurance on the shipping (eg. CIF Incoterm) must be explicitly requested by the customer before each shipment.
7. LIMITED LIABILITY WARRANTY
The warranty term on all YOSAI Turbocharger is of 1 year from the date of issue by YOSAI Turbo of the corresponding sales invoice. Complaints about defects or objections of any kind are to be notified to us immediately, including a detailed report of the issue, and the indication of invoice number and date on which the goods have been supplied. YOSAI reserves the right to demand the return of the goods object of a warranty claim, and to examine them in its own facilities or through third party consultants, before a warranty claim is accepted or rejected. Prior to any return shipment we need to express written permission. Any transport cost related to the return of goods under warranty claim shall be borne by the customer, who has a right to demand a corresponding refund if the warranty case is confirmed, and providing appropriate documentation of reasonable transport cost. Warranty rights shall not arise in the case of insubstantial deviation from the agreed quality for damages due to the following: incorrect or improper use, defective assembly by the purchaser or third parties, normal wear and tear, defective or negligent handling, unsuitable operating equipment, chemical, electrochemical or other forces to the extent we do not bear fault for them, improper repairs and repairs not previously approved by us, performed by the purchaser or third parties.
To the extent there is a defect as to the goods purchased, we are entitled, at our option, to refund the goods sales price or replace the goods with non-defective goods. Any further claims of the purchaser, irrespective of the legal basis thereof, are excluded. This shall apply, in particular, as to claims arising from damage other than to the purchased goods as well as for claims for lost profits; this also includes claims which do not arise from the defectiveness of the purchased goods.
Claims of the purchaser derived from the expenses required to satisfy subsequent obligations, in particular, transport, in-transit, work and material costs are ruled out in as far as the expenses increase because the subject of the consignment was taken subsequently to a place other than the initial receiving facility of the purchaser.
Warranties and guarantees are not validly given unless they are given expressly and in writing.
YOSAI does not accept warranty claims from subjects other than the customer who purchased the goods from YOSAI.
8. FURTHER PROVISIONS
All agreements which are concluded between the parties for the purpose of the execution of this Agreement shall be set out in writing.
If individual provisions of these General Terms and Conditions should be partially or wholly invalid or void, the remaining provisions hereof shall remain unaffected. The parties covenant to consent to a contractual arrangement by which the economic object and purpose of the invalid or void provision shall be achieved to a reasonable extend.