General Conditions of Sale, Delivery and Guarantee

Force Measuring Systems AG

General

The following conditions exclusively shall apply to the business transactions between FMS Force Measuring Systems AG {short: and the customer. They shall always take precedence over any other terms sent by the customer or contained in the customer’s written documents. Deviations shall only be valid if they have been agreed explicitly and confirmed in writing by FMS AG. Orders shall only be binding for FMS AG in the context of these conditions when they have been confirmed by FMS AG. Any new or increased customs duties, transport costs, insurance premiums or similar costs, and any increase in the applicable wages, material costs, etc., currency fluctuations or similar charges which are incurred after the submission of an offer or after the conclusion of an agreement and which render the offered or sold goods more expensive shall be paid by the customer. The aforementioned clause shall also apply to offers submitted or agreements concluded after the outbreak of war. 

Deliveries

Our specified deadlines are not binding. No claims for damages may be asserted against FMS AG for late deliveries. Contractual penalties are generally not accepted by FMS AG. Unless agreed otherwise, deliveries are ex works FMS AG Oberglatt, excluding postage and packing, and are uninsured. 

Delivery period

The delivery period shall commence as soon as the contract has been concluded, all formalities have been completed, all payments due at the time of ordering have been paid, and all essential technical issues have been clarified. For compliance with the delivery period, the fulfillment of any contractual obligations by the customer is required. The delivery period shall be extended appropriately if FMS AG does not receive the information needed for fulfillment of the contract in time, if obstacles occur which, despite the usual due diligence, cannot be averted, and if the customer or third parties are delayed in rendering work commissioned to them or in the fulfillment of their contractual duties. 

Plans and technical documents

Brochures and catalogs of FMS AG are not binding. Technical data, as well as image and text material are the property of FMS AG and may neither be made available to third parties nor used outside the intended purpose.

Prices

All prices are quoted net prices excluding VAT. Any additional costs [e.g., for freight, insurance, export, import and other licenses and all certifications] shall be borne by the customer. 

Payment terms

Invoices of FMS AG shall be paid no later than 30 days net after the date of issue of the invoice without any deductions. If payment is not made in accordance with the contract, FMS AG shall be entitled to retain the contract or withdraw from the contract and to claim damages in both cases. Furthermore, interest claims can be asserted if the payment is late. 

Packaging

Unless agreed otherwise, packaging shall be invoiced. Non-invoiced boxes and containers shall remain the property of FMS AG and must be returned postage paid within 10 days; otherwise an invoice shall be issued. Boxes made of corrugated cardboard shall be calculated at cost and must not be returned. 

Shipping, transport, insurance

Shipping and transportation shall be carried out at the expense and the risk of the customer. The customer shall be responsible for insurance against damage of any kind. Any complaints must be submitted to the relevant transportation company before the goods are accepted.

Retention of title

The delivered goods shall remain the property of FMS AG until full payment of the invoice balance. The customer shall be obliged to take part in measures necessary for the protection of the property of FMS AG; In particular, he shall authorize FMS AG upon the conclusion of this contract to implement the entry or preliminary registration of the retention of title in any relevant public registers, records or similar at the expense of the customer in accordance with the relevant national legislation, and to complete all related formalities. The customer shall maintain the delivered goods at his expense for the duration of the retention of title and insure them in favor of FMS AG against theft, breakage, fire, water and other risks. He shall also take all measures to ensure that the claim to ownership of FMS AG is neither impaired nor canceled.

Warranty

Warranty claims of the buyer due to faulty products shall be limited to repair at FMS AG or to replacement deliveries. FMS AG alone shall decide whether the defect is remedied by replacement or repair. The customer shall bear the transport costs. Claims for damages of any kind as well as costs for fault diagnosis, troubleshooting or any loss of production shall be excluded from the warranty. Unless stated otherwise in the order confirmations, the warranty period shall be:

  • 2 years for SMGZ and PMGZ
  • 3 years for all other force sensors
  • 3 years for all electronics
  • 6 months for BMGZ
  • bearings: according to the manufacturer’s warranty
  • 1 year for all products not listed

The warranty period shall be based on single-shift operation. (Thus, a maximum of 10 hours per day and 250 days per year, or 2500 hours of operation, respectively). Repairs, which relate to the non-observance of installation specifications, operating instructions or the usual duty of care are excluded from the warranty. 

Installation

Installation and start-up of the ordered products shall not be included in the sales price. If required by the customer, FMS AG shall provide the necessary fitters at the rates applicable at the time of the work based on a separate agreement concluded in good time. The following items shall be invoiced: working time, travel time, waiting time, expenses for travel to and from the site, catering and accommodation and the transport costs for the required tools. The customer shall provide the auxiliary personnel required for carrying out the installation work free of charge. 

Complaints

Complaints must be submitted within 14 days after receipt of the goods, otherwise the delivery shall be considered accepted. No goods returns shall be accepted. In exceptional cases, goods may be accepted back with the explicit consent of FMS AG. All returned products must be retested, repaired and packaged, and all costs incurred shall be borne in full by the customer. 

Place of fulfillment

The place of fulfillment for deliveries and payments as well as place of jurisdiction for both shall be Oberglatt. However, FMS AG shall be entitled to prosecute the customer at the location of his own registered office.

FMS Force Measuring Systems AG
Edition:  2004

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