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General Terms and conditions
General The below general terms of business are applicable for all sales businesses of the company Damro Technology S.à r.l. These conditions are deemed as accepted at the latest with payment for the goods. We accept orders exclusively to our sales conditions. General terms of business of the customer or regulations of the customer deviating from our sales conditions are not acknowledged.
Should individual regulations of these general terms of business be invalid or become void, the rest of the contract and the other regulations shall remain untouched.
Prices
Our offers are subject to confirmation and non-binding. Our prices are stated including value added tax of Luxembourg. Should we be unable to deliver due to supply shortage, or if an error was made in the offer, we will inform you as soon as possible. We reserve the right to modify the respectively described or depicted article under maintenance of the essential characteristics at all times and without special notice. We reserve the right to correct errors in calculation or printing in the offer.
Additional agreements to our offers and offer confirmations require our written confirmation to become valid.
Delivery conditions
Statements of delivery times or manufacture dates are only then binding if they were confirmed in writing. The stated delivery terms are made in all conscience by the existing conditions, and kept, if possible. The delivery term is regarded as kept if the customer received notice for pickup resp. ready for delivery of the goods by the end of the delivery term. We are authorized to conduct partial deliveries. Further we are authorized to have the entire order or parts of the order performed through other companies in their name. Authoritative instructions or measures, Acts of God, strike, exclusion, traffic and operational disorders or lack of raw material and any other hindrance of the delivery releases us of the obligation for performance for the term of their endurance. If an end of the hindrance is not foreseeable, we are authorized to limit or stop delivery, or step back from the contract in whole or in part, without the customer receiving the right to subsequent delivery of damage compensation. We will inform the customer of a limitation of delivery resp. partial recission immediately. He also has the right to deny the performance of the remaining obligations, should the partial delivery be of no value for him. If we exceed the agreed delivery time, the customer has the right to set a subsequent term of 3 weeks by registered letter, and resign from the contract after expiration of the term.
Orders abroad
In case of orders abroad we will contract a forwarding agency of our choice with the pickup in your name, insofar you do not assign an own hauler. The accruing costs are listed on the invoice, and transferred to the forwarding company by us. Shipment within the European Union is conducted within a few days after acceptance of the order. The adherence to this term is dependent on local and temporary influences, which is why no guarantee can be given. Delivery is performed to a delivery address, at which the shipment can be received by the customer. Successful delivery is confirmed by signature.
Realization of the purchase contract
The purchase contract comes into effect with the payment by the customer. Place of fulfilment and place of delivery is Niederanven / Luxembourg. Prior to payment of the purchase contract, offer placement by Damro Technology S.à r.l. as well as the order by the customer is subject to confirmation and can be cancelled by both parties at any time without statement of reasons.
Delivery times
The term of handover to the hauler is usually 24 hours. At times, it may happen that an article is no longer available, or that the manufacturer has delivery shortages. Depending on the situation and probable delivery time, partial deliveries are conducted, or short delivery delays may occur. Should an article not be available for a longer time, you will receive a message from us automatically. You may have to order the respective article again at a later time. Fixed delivery times are only then obligatory if they were confirmed in writing.
Reclamations/wrong deliveries/not deliverable goods (participation obligation of the customer)
Please check the delivery for completeness and correctness of the articles immediately after receipt. Possible reclamations of the goods / deliveries may only be asserted within 14 days after receipt of the goods if the fault/defect is obvious, other faults only within the warranty term of the respective part. The customer is obligated to inform us of possible faults immediately, at the latest however within a week after notice of the faults. Return shipments to us must be sent carriage paid and insured. Returned goods are always accredited according to the current list price. Usually the credit is offset against a subsequent order. Payment of the credit per bank transfer is also possible. In no case are goods with reclamation sent to the customer again. Compensation of the return shipment costs is not conducted. If the goods delivery cannot be performed, possible return shipment costs are billed to the customer.
Email-advertisement
With the entry of the email-addresses in the shop system, the customer accepts the entry of his email-address in our newsletter system. Damro Technology S.à r.l. is authorized until recall to send the customer emails in irregular intervals containing offers and news about new company goods. Signing off from the newsletter system can be done anytime by a link in the newsletter.
Country-specific fees
We explicitly state that our prices do not contain any country-specific fees like special taxes, copyright fees, customs duties etc. The conditions for a possible payment of these duties as well as their amount differ from country to country. Most countries of the European Union have exemption limits to the respective duties. In case such fees are to be paid for a country, the customer as importer is solely responsible here for.
Liability / Processing and Delivery Risk
The liability of the legal representatives, performing agents and company affiliated persons of the seller towards the purchaser is excluded except for cases of gross negligence and intent. The processing and delivery risk is transferred by Damro Technology S.à r.l. to third parties to the purchaser prior to shipment with the handover of the goods.
Applicable law
Luxembourg law is applicable for these terms of business and the business relationships between the purchaser and the seller. Other national laws as well as the international purchase law are excluded.
Place of fulfilment
Place of jurisdiction Place of fulfilment and place of delivery is Niederanven / Luxembourg. Exclusive place of jurisdiction for all current and future claims from the business relationship is residence of the seller.
Partial voidness
In case of voidness of individual regulations, the validity of the rest of the regulations remain untouched.
Damro Technology S.à r.l.
9, Z.I. Bombicht
L-6947 Niederanven
Luxembourg
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