PRODUCT TERMS & GENERAL CONDITION AND WARRANTY
ArtLUCE Produktions GmbH - Hoferweg 8 - 6134 Vomp /Austria
These General Terms and Condition apply to the sale of all products sold by ArtLUCE Produktions GmbH („Seller“) to the party purchasing such Products („Buyer“). Acknowledging the Terms of Delivery all transactions are subject to the following general terms and conditions.
All offers made in any form remain non-obligatory. Non contract for the sale of Products shall be binding on Seller until confirmed in writing to Buyer and any order of Buyer shall only become binding to Seller once confirmed in writing by Seller. In no event will verbal promises or arrangements made by or with Seller’s personnel bind Seller unless confirmed in writing by Seller.
The sales price of Products in based on prices which apply at the time at which the order is accepted by Seller. The prices are to be understood ex works, unless otherwise agreed, and are subject to change. The prices are expressed in Euro and exclusive of VAT, tax and duty and does not including installation of product. All additional administrative cost such as, by way of illustration, obtaining certificates of origin or similar documents, are at Buyer’s cost.
The illustrations and drawings of Products which may appear in Seller’s catalogues, brochures or website are solely intended to provide a general impression of Product. Seller accepts no liability for any damage whatever arising out of any differences between data of product supplied and any illustrations and drawings of Product. Offers made by Seller, as well as illustrations and drawings, remain the sole property of Seller irrespective of whether costs have been charged for these items.
Delivery & Delivery Times:
All prices, conditions and delivery time shall become binding once confirmed in writing by Seller. Delivery of goods are effected ex works Vomp. For small orders less than Euro 50,00 net we shall invoice a handling charge of Euro 10,00. Delivery dates designated by Seller are estimated dates only and are based on the working circumstances prevailing at the time the order is approved by Seller. Seller assumes no liability for late delivery, however caused. Seller reserves the right to extend the delivery date due to changes in work circumstances or if Buyer fails to perform any act that it has undertaken to perform or omits to perform any such act in which case Seller will advise Buyer accordingly.
Seller shall not be liable for any delays or other inability to meet its obligations under any purchase order as a result of circumstances beyond its reasonable control („Force Majeure“). During this period of Force Majeure, Seller has the right to either continue to perform or dissolve the affected order in whole or in part. Dispatch/Risk: Goods ready for dispatch must be called for delivery within 7 days after our notification. On leaving the works, the risk shall pass to the buyer.
Buyer is solely responsible for the correct and safe installation of Products purchased. In no event will Seller be held responsible or liable for any incorrect or unsafe installation of the products, including without limitation installation that does not conform to all applicable instructions, laws, codes and best practice, no for any tampering with the products, product label or documentation, and/or misuse of the products.
The Customer is obliged to check the goods immediately upon the acceptance and notify of defects identified. Complaints of a general character must be submitted within 7 days following the date of delivery, while complaints regarding defects in workmanship or material shall be submitted within one month of the date of delivery. No later complaints will be accepted, especially as regards the granting of a warranty and compensation for damages. The Buyer shall always prove that the defect existed as of the delivery. The warranty period is 24 month of the delivery acceptance. The warranty shall not apply to lamp holders, bulbs and electronic parts like transformers, electronic ballasts and drivers.
Complaints about fail products must be made in writing. If the Seller is obligated to remedy a defect under warranty, he shall be able to remedy the fault at site during normal working hours, or have the faulty product or parts of it returned for repair or replacement.
The Seller shall be granted the necessary time for examining the defect, and for the repair or the delivery of replacement parts or plant. The costs and the risk for the return transport shall be carried by the Buyer. Remedying a fault shall not result in a prolongation of the period of warranty. In the event a defect is remedied by the Buyer himself or through a third party, we shall pay the costs incurred only if the Seller has given prior written permission.
This Warranty shall not apply to any damages caused as a result of force majeure, misuse or improper use of the product, faulty installation, poor electrical connections or negligence by any party other than the Seller. In addition, this warranty is not applicable to any Artluce product improperly shipped, stored, installed, operation and use otherwise than in accordance with f.e. applicable safety standard, applicable federal, state and local electrical codes.
The Seller shall in any case be released from any warranty obligations as long as the Buyer is in arrears with his payment obligations. Claims under warranty shall not entitle the Buyer to hold back agreed payments.
In no event the Seller will be liable to the Buyer or any third party for any indirect, consequential, special, punitive or exemplary damages, including without limitation, damages for loss of business, loss of profits, loss of data, business interruption or damages of associated equipment, cost of substitute products, costs of removal, installation, reinstallation, failure of, or inability to use the products, even if the Seller has been advised of the possibility of such damages.
To obtain Warranty service/Return of goods: In the event that any of the warranted products fail to comply with the warranty during the applicable warranty period, please contact the Seller to report the non-compliance and verify warranty coverage. Shipping cost is on cost and risk of the Buyer. The Seller may, in its sole discretion, repair or replace products determined to eligible for warranty coverage, or may issue a credit for the purchase of replacement products.
Unless otherwise agreed in writing between Seller and Buyer shall not be entitled to cancel orders for products that have been accepted by Seller in writing or verbally. Postponement of orders by Buyer shall only be allowed with the prior written approval of Seller.
Seller will specify payment terms and conditions in Seller’s offer and/or invoice. Buyer shall pay all invoices in a timely manner as and when due. If payment is not made when due, Seller shall have the right to impose statutory interest on any unpaid balance. No payment due by Buyer may be postponed without the prior written agreement of Seller. If Buyer is in arrears with payment of any amount due, Seller shall be entitled to cancel or postpone delivery of Products ordered at its sole discretion. In the event that Buyer enters dissolution or bankruptcy proceedings (whether voluntary or involuntary), or if liquidation proceedings are commenced against Buyer, all amounts due by Buyer to Seller shall immediately become due and Seller may elect to cancel any outstanding orders.
All disputes which arise between Seller and Buyer in connection with any offer or orders that cannot be amicably resolved, shall be under the exclusive jurisdiction of the court of Schwaz/Austria and the laws of Austria shall govern. Place of performance for delivery and payment shall in every case be the location of Vomp/Schwaz. Miscellaneous: If any provision of these Terms is found by any court of arbitrator to be invalid, illegal or unenforceable, the remainder shall not be affected. Buyer may not assign of transfer these Terms or any rights or obligations hereunder (including pursuant to any purchase order) without Seller’s prior written consent, which may be withheld at Seller’s sole discretion.
ArtLUCE Produktions GmbH
Hoferweg 8, 6134 Vomp
Tel.: 0043 5242 73708
Fax.: 0043 5242 73708 37