General terms and conditions A. Thilman & Fils and Patima Electrocenter S.à.r.l.
Offers and sell conditions
1. Offers are always free and are done only under following conditions.
2. Contract: For the contract following conditions must be respected, until not agreed in a written form or not being contrary to the contract.
3. The conditions are also valid for later contracts, without referring especially again to them.
4. Descriptions, and photos in the prospects and in the Internet are without obligation. Changes can be done at any moment. The description has for only use to characterise the type of the piece of equipment. Prices in the prospectus, the Internet site or our promos can be changed at any moment.
5. All prices and offers are calculated reffering to the costs of labour time, material prices and delivery costs for the day of their execution. Are the costs changing until the exectution of the contract, we are allowed to change the agreed price, not before 4 month after contracting, only for non-merchant. This clause will also happen when later on, at the wish of the customer, the delivery date will be reported later, for a non-merchant customer only, when there are more than 4 months.
6. The contract is valid by written confirmation (Copy, fax, e-mail) or when the bill has been delivered to the customer. Other agreements of any kind (spoken or by telephone) also with sales representatives, commercial travellers, are only valid, when the seller confirms them in a written form.
7. Prices are, when not agreed other, net cash, without deduction, from Bissen.
8. The buyer is hold, in case of later payment, to answer every paying demand directly. In case of not answering the demand fixed terms, it is sure the buyer got the merchandise and agrees to the demand of the seller.
9. Delivery from Bissen when not agreed in another way. The merchandise is travelling at the only risk of the buyer.
10. Problems of any kind, delivery delays, also from the production firms, also all other events that cannot be influenced from the vendor, allow the seller to deliver at a later date or to cancel the contract without paying any money.
11. Problems with the product can only be reportet from the customer within a week after receipt. There is no more guarantee if without the written permission of the seller, changes or reparations by the byuer or a third person are done. A not appropriate use or an abnormal use will release the seller from all obligation.
12. Change delivery. At a founded problem the customer can only, the seller will decide at his own, for the damaged parts, to get the parts replaced. Furhter claims from the customer, as payment for labour hours, delivery costs or any other expenses and claim for damagem also at later delivery date are excluded.
13. Delivery dates can be delayed, without any further confirmation, for 4 weeks.
14. The deliverer and bearer of the guarantee allow no replacement.
Conditions of payment and reservation of proprietary rights
1. The payment has to follow immediately the receipt of the invoice but latest net cash by delivery. If not so, the usual bank debit interest rates will be applicated. For cheques, only the cashing of the cheque counts for payment. Bank and other payment fees are to be paid by the customer. When the customer is not paying within the fixed terms, all costs due to reminder writting, no matter what kind of costs, he is held to pay them too. The compensation or demands of any kind, the same as keeping rights are excluded. Sales representatives, commercial travellers and deliverers are not allowed, without a special power of attorney, to accept or to give a receipt of payment.
2. A behind with the payment starts 2 weeks after sending the invoice, when there has been no other written agreement fixing other payment terms. When the customer purchases by instalments and only one instalment is delayed for more than a week, the complete amount remaining is due.
3. The delivered goods, products and labour hours go only at the moment of the complete paiment to the property of the buyer. It is not allowed to the buyer to use free the delivered goods or to give them to anybody else before the goods are completely paid off. All our sellings are done under reservation of proprietary rights. All delivered goods confirming to our general terms and conditions are still our property until the payment of the total price, there included all options and other works.
Final conditions and jurisdiction and law
1. For the judjment of the legal situation to our customers the law of the Grand Duchy of Luxemburg is valid.
2. The place of performance and the place of jurisdiction for all claims of this contract ist the registered office of the seller.
3. Changes from special points are only valid, when done in a written form. Should one of the conditions mentioned declared nul, this has no influence for all the other conditions.