General Terms & Conditions | Wireless Monitoring Solutions | E-Senza Technologies GmbH, Wireless Sensor Solutions

General Terms & Conditions E-Senza Technologies GmbH

General terms	The following conditions apply to all offers, sales and deliveries, provided, however, that no contrary agreements have been made explicitly in writing. Purchase conditions of the buyer are only applicable if they do not contradict E-Senza Technologies (E-Senza) General Conditions of Sale and Delivery – Export or have been accepted by E-Senza in writing. All offers are without obligation. A valid contract requires a written confirmation of order issued by E-Senza. Sketches, drawings and similar documentation attached to the offer are only binding E-Senza if denoted as such. Goods specifically made by buyers specification may vary at delivery within 10% below or above the quantity ordered if technically unavoidable. E-Senza is entitled to change the design, material and specifications even after sending their confirmation of order provided that these modifications are not contraction to the confirmation of order or buyer's specifications.

Incoterms	All prices are net prices not including packaging, freight and freight insurance. For packaging, freight and freight insurance, we additionally charge 2% of net order value for domestic deliveries (within Germany) 3% of net order value for deliveries within the Europe 5% of net order value for deliveries outside Europe Delivery leadtimes are related to ex-works (Incoterm "EXW"), so shipping time will be additional to E-Senza's delivery leadtime.

Terms of Payment	All invoices have to be paid in Euro or in the invoiced currency without any deductions latest within 15 days after date of invoice by remittance to our account. E-Senza is entitled to request different conditions e.g. D/P, irrevocable L/C, payment in advance or the like. Partial deliveries, which are permitted, will be invoiced separately as per the terms agreed upon in the complete order. The buyer is only entitled to set-off and lien if the counter claim is undisputed or has been declared legal. This applies only to extent to which the goods may be reduced in value due to a fault. If the buyer is in arrears with a payment E-Senza is entitled to withdraw from the contract and to invoice an adequate interest. All remaining payments are due immediately. In the event of non-payment or late-payment, the buyer loses all warranty rights for the delivery goods.

Bank details	Volksbank eG Konstanz Germany For international transactions: IBAN: DE24 6929 1000 0224 1346 06 BIC: GEN0DE61RAD For german domestic transactions: BLZ: 692 910 00 Kontonr.: 224 134 606	Deutsche Bank AG Konstanz Germany For international transactions: IBAN: DE 93 69 0700 24 0022 0590 00 BIC: DEUTDEDB690 For german domestic transactions: BLZ: 690 700 24 Kontonr.: 0 220 590
Delivery Dates	Delivery dates, agreed as binding or not binding, have to be fixed in writing. If binding, buyer has to furnish at the date requested by E-Senza all necessary drawings, safety requirements, permits etc. In case of "Force Majour" and other unforeseeable and unusual circumstances occurring through no fault of E-Senza such as overdue information from buyer, strike, lock-out etc. the delivery period is extended adequately – even if they occur with E-Senzas suppliers. Buyer is not entitled to any compensation in case of delay but has to be informed by E-Senza as soon as possible about begin and end of such circumstances. A delivery date counts from the date of order confirmation and is considered fulfilled when the goods have left E-Senza works or when an installation has been completed. If E-Senza is late in delivery through their fault buyer can only withdraw from the contract after he has set an adequate period of grace in writing which should not be shorter than four weeks. Buyer accepts partial shipments.

Installation and Service	Installation work, putting into operation and maintenance require an additional order. The user is responsible for auxiliary secondary work, material, power and water. He has to instruct E-Senza personnel about all relevant matters and safety requirements. If a delay in the above mentioned work is user's fault E-Senza are entitled to invoice the costs of time of waiting and additional travels of their personnel.

Warranty	Unless agree otherwise the warranty period amounts basically to twelve months after date of shipment, with the exception of electrodes, sensors and accessories for which the period is limited to six months. This warranty does not cover defects due to fair wear and tear, glass breakage, improper use/installation/treatment or changes/repairs of the delivery item carried out by the purchaser or a third party. Buyer's complaints have to be lodged 28 days after receipt of the goods or fulfilment at the latest. Complaints have to be accompanied by corresponding evidence e.g. quality documents, test reports, invoice etc. The warranty covers repair or replacement of the relevant items at the earliest possible date only. E-Senza reserves the right to decide on the validity of the warranty claim. Claims for whole or part refunds are excluded. Defective and replaced parts become the property of E-Senza. The freight charges for the parts to be replaced are borne by the customer. Any further claims due to delivery defects beyond the above warranty claims are herewith expressly excluded; in particular any liability for indirect damage sustained by the customer or a third party as a result of using a defective item is excluded.

Return of Goods	E-Senza values all its customers. There is a strict returns policy to optimize customer satisfaction. In the event of any faulty or damaged goods please contact our Sales Department by fax or e-mail. Please send back the faulty or damaged goods with our prior agreement only. We will accept all equipment back for testing (providing it is free from chemical/biological/radioactive materials or certified decontaminated/disinfected). Return the products together with the Quality Certificate, a copy of the invoice, and a note detailing the problem. Pay attention to the correct packaging and transport.

Jurisdiction	The law applicable to any disputes, which cannot be settled amicably, shall be that of E-Senza's place of business (GERMANY). However, if E-Senza is plaintiff they shall also be entitled to sue before the court having jurisdiction over the buyer's place of business.