Condition and Terms |
Written by Administrator |
Monday, 11 October 2010 11:54 |
Condition and Terms  1. Scope  2. Conclusion of Contract  3. Prices and Deliveries  (2) Conditions of payment are depicted on the confirmation (Auftragsbest?¤tigung), draft (Proformarechnung) or final invoice (Endrechnung). Payments will clear the oldest debt due. The purchaser can only set off conceded or final claims against ITRON. The same applies to retention rights.  (3) Shipment of goods is executed on behalf of the customer by delivery means at ITRON’s choice unless goods are being picked up by the customer himself. Risk concerning any consignment passes to the customer the moment goods are dispatched or notification is given that goods are ready for collection. ITRON is not liable for any loss or deterioration incurred thereafter. In case of default on acceptance/collection of goods, and in cases the customer is liable for delivery delays, ITRON shall keep the goods on stock, either on its own premises or on those of a third party and shall charge a weekly fee for storing those goods of at least 0.5 % of the amount due. If the customer upon completion of a period of grace declines acceptance of goods, ITRON may decline fulfilment of contract and demand either a flat 25 % of the purchasing price or compensation for the actual damage incurred. The customer may prove that no or less damage was incurred.  4. Retention of Ownership  (2) The customer assigns all claims arising from resale ITRON. The buyer remains entitled to seize claims after they have been assigned. ITRON may seize claims as well, but will not do so as long as the customer does not generate a default in payment. If he does, ITRON may demand information about assigned claims and debtors, request all necessary details and documents for seizure and ask for debtors (third parties) to be informed. Security exceeding 10 % of the value of secured claims will be cleared upon customer’s request. Should goods be inseperably connected/mingled with other items, ITRON shall gain joint ownership.  (3) The customer must inform ITRON immediately about seizure or any other infringement by third parties. Should the customer violate the contract, in particular in terms of default in payment, ITRON reserves the right to withdraw goods. Withdrawal and seizure constitute cancellation of any contract only if specifically expressed or legally prescribed.  5. Warranty  (2) ITRON operates a Return Material Authorisation Policy (RMA) to handle requests for product return.  (3) ITRON is not liable for defects arising from inappropriate handling or storage, excessive wear and tear or interference by third parties and unauthorised persons. The same applies to ordinary attrition, insufficient maintenance and interferences through any other devices or software.  (4) ITRON’s liability is limited to intent and harsh negligence as well as cases of bodily harm. This does not affect liability in terms of the German Product Liability Code (Produkthaftungsgesetz). Equally, it does not affect liability for violation of major duties arising from contract, while limited to foreseeable typical damage beyond the cases depicted in s.1 and 2. No change in onus to the disadvantage of the customer shall be effected hereby.  6. Final Provisions  (2) Place of fulfilment and jurisdiction is Neuss, Germany. However, ITRON may, at its own discretion, take legal action at customer’s headquarters.  (3) Should any provisions set forth herein be void, all other provisions shall remain valid.  (4) The German version of these General Terms and Conditions shall prevail.    Conditions and Terms as Download |
Last Updated on Wednesday, 28 September 2011 14:48 |