Terms & Conditions
1 Entry into force and scope
2 Eurodyne Price List and Quotations
4 Terms of payment, payment deadlines, liability
5 Default and collection
6 Scope of delivery, delivery times, partial deliveries and return of packing materials
7 Transport, assumption of risk, liability and compliance with control regulations
8 Inspection and notification of defect.
9 Guarantee (warranty) and liability.
9.1 Eurodyne guarantees that its products are free of material and manufacturing defects as supplied by the manufacturer.9.2 Our guarantee commences on the day of despatch (or, in case of assembly or fitting by or by order of Eurodyne, as of completion of such work) and remains valid for the guarantee period agreed on in the individual contact between Eurodyne and the customer, or If no such guarantee period has been specified, for a period of 12 months for appliances and 3 months for all other products, always subject to the rules as set out below:9.3 The following special provisions apply to the products listed below: The guarantee is valid on the day of despatch only for consumables and utensils such as chemicals, glass, plastics, etc.9.4 Our guarantee is limited, at our discretion, to repair or replacement of the defective products or components, or to refund of the material value of the products or components that were not replaced, Eurodyne is free to provide a replacement product for the repair or replacement period.9.5 Replacement or repair does not cause any extension of the guarantee period. The original guarantee period simply continues until its normal expiry date.9.6 The customer loses any and all claims: a) If the products or their components are not connected, assembled, fitted, installed, used or maintained in a due and proper manner, for the designated purpose and according to the data provided in the operating instructions and/or the test reports (Material Safety Data Sheets) or according to the relevant specifications; b) If the damage was caused by violence (e.g. accident); c) If the products or product components (incl. electronic systems and software) are not adjusted, modified, repaired or maintained by us or by specialists authorised by us; d) If replacement parts other than original parts supplied by Eurodyne are used; e) If serial numbers are changed, deleted or removed.9.7 A customer asserting guarantee claims must prove that the defect was caused by material or manufacturing faults.A customer asserting guarantee claims shall provide Eurodyne with written notification containing the following details: the product and its serial numberthe day of despatch and the nature of the problem. A copy of the original invoice must also be enclosed. Subsequently, the directives issued by Eurodyne in respect of procedures to be applied shall be observed. In addition, the following provisions shall apply:
a) If the product is to be returned to Eurodyne, the customer is responsible for correct and proper packaging; the customer bears the transport risks. Eurodyne, upon request, will organise transport and insurance both ways and will pay the relevant costs as follows: all costs for end customers, half of costs for distribution partners, Should the customer require a special mode of transport (e.g. express shipping) he must pay any additional costs thereby incurred.
b) Eurodyne will not accept products returned without notification of the original invoice number, signed Collection Note and, where applicable, a signed and completed Decontamination Declaration, Should the customer proceed without the required authorisation he shall bear any costs thereby incurred.
c) If the products or product components are contaminated by radioactive, microbiological or any other substances, the customer shall notify Eurodyne accordingly prior to their return, and the affected products or components shall be decontaminated before they are returned, Should the customer fail to duly comply with this requirement, Eurodyne may, at the customer’s expense, send back the products or components to the customer or effect decontamination itself.
9.8 Any further warranty or liability of any nature for any kind of damage (i.e. direct and indirect actual and consequential damage) is – insofar as legally permissible – excluded; this applies also to all cases of force majeure. Eurodyne assumes neither liability for any lack of Year 2000 compliance of its products nor for the suitability of its products for the use envisaged by the customer.
10 Orders and returning of erroneously ordered products
10.1 We require the following information for your orders: 1. Customer number (for existing customers): 2. Name of company and responsible officer: 3. Telephone and fax numbers of customer: 4. Order date and order number: 5. Product designations and numbers: 6. Quantities: 7. Prices: 8. Invoice and delivery address: 9. Any supplementary information, e.g. in respect of delivery dates or partial deliveries.
10.2 If it should become apparent that the customer ordered the wrong products, Eurodyne will take such products back if customer’s notification of error is received within 5 calendar days as of despatch of the products, Section 9.8 applies by analogy to the procedure; however, the customer shall be responsible for return transport and insurance cover and shall bear the related expense and risk.
10.3 However, the customer cannot return designs or products purpose-built especially for the customer, nor will Eurodyne accept the return of products that are contaminated by radioactive, microbiological or other substances.
10.4 Eurodyne will credit customer’s account with 85% of the invoiced price provided the products are received within 30 calendar days as of date of original despatch from Eurodyne and are in perfect condition and accompanied by the RGA. Number and notification of the original invoice number. The cost of the status inspection shall be borne by the customer.
10.5 Eurodyne will not accept goods ordered in error to be returned for credit under the net value of £15.00
11 Intellectual property rights
11.1 All intellectual property rights (such as brands or the company name) remain with Eurodyne.
11.2 The customer must not use Eurodyne’s intellectual property rights without Eurodyne’s prior written consent.
11.3 If third parties should claim infringement of their intellectual property rights by Eurodyne products, the customer shall notify Eurodyne immediately in writing. The customer shall be obliged to assist Eurodyne in defending such claims, to the best of his ability and according to Eurodynes instructions. Eurodyne cannot accept any liability whatsoever for damage the customer may suffer as a result of such alleged or actual infringements.
11.4 Should the customer identify a possible infringement of Eurodyne’s intellectual property rights, the customer shall immediately inform Eurodyne in writing and shall subsequently assist to safeguard Eurodyne’s rights to the best of his ability according to Eurodyne’s instructions.
11.5 The customer guarantees that by manufacturing products according to his designs, technical specifications or instructions, Eurodyne will not be infringing upon any intellectual property rights. The customer assumes full responsibility for any and all consequences arising from any such alleged or actual infringement.
12 Confidentiality and Secrecy
12.1 The customer shall maintain strict confidentiality in respect of all details of the customer’s business relationship with Eurodyne as well as in respect of Eurodyne’s business secrets, also after termination of the business relationship. The customer shall impose this obligation also on the company executives, board members and employees as well as on any third parties the company may lawfully consult. In particular, quotations submitted by Eurodyne are also of confidential nature. Any infringement of this obligation will entitle us to claim compensation and to immediately withdraw from the contract.
13 Retention of Title
13.1 Eurodyne remains the owner of all products sold until the full purchase price (according to sections 3 to 7) has been received.
13.2 If the products remain at Eurodyne premises, we shall be entitled to have an appropriate entry made in the relevant title retention register.
13.3 If the products are delivered outside of Eurodyne premises, reservation of ownership is subject to the legal provisions at their destination.
13.4 If an Invoiced amount is due but not fully paid, Eurodyne shall be entitled to demand the return of all products supplied on this invoice, or to collect such products, whereby the customer shall not hold any claims whatsoever.
13.5 If Eurodyne asserts its ownership rights and demands the return of or collects the products, Eurodyne will be entitled to any part payment the customer may already have made for the products as a penalty.
14 Miscellaneous provisions
14.1 The customer shall not set off his own claims on Eurodyne against Eurodyne’s claims on the customer.
14.2 The customer shall not assign his claims against Eurodyne to third parties.
14.3 Eurodyne may use the services of third parties in the performance of its obligations.
14.4 Eurodyne may amend these Terms and Conditions of Sale at any time.
14.5 All legal relationships between Eurodyne and the customer are subject to British Law.
The ordinary courts at the domicile of Eurodyne shall exclusively be competent for the settlement of any disputes between the customer and Eurodyne. Eurodyne shall, however, be entitled to initiate legal action against the customer at any other competent court.