Terms and conditions of sale and delivery
Clear agreements facilitate cooperation...
....with this in mind, we would be grateful if you would take a few minutes of your time to study the following terms and conditions of sale and delivery, which outline the form and scope of our services.
1. Validity
Only these terms and conditions will apply. By placing an order, the customer thereby accepts all these terms and conditions without restriction. We are only obliged to accept other purchase conditions of the customer if we have agreed to these in writing. The corresponding behaviour or silence of Pacovis AG cannot be construed as approval.
2. Prices
Our prices are subject to change. If we have not issued a specific offer, the prices in the current price list will apply. The prices quoted are net price s (not including VAT). We reserve the right to make changes.
3. Packaging
The packaging is included in the quoted prices. We package the goods in a way that will protect them from damage under normal transport conditions. By agreement, the delivery can take place in special containers. Packaging is not returnable.
4. Quantities delivered
The effective quantity delivered may deviate slightly from the quantity ordered. The invoice will always be for the amount actually delivered.
5. Delivery
All orders will be invoiced. No deliveries will be made on consignment. Shipping and handling costs will be charged in addition.
6. Payment conditions
30 days net from the date of the invoice. Unauthorised deductions will be re-invoiced. The goods remain our property until the invoice has been paid in full. Our obligation to deliver will become void without reminder or notice if the payment conditions are not met or if we (subsequently) receive unfavourable information regarding the customer. We accept no liability of any kind for damages that may arise from non-delivery or delayed delivery in such cases.
7. Complaints
The customer will check the delivery for quantity, content and any transport damage immediately after receipt. Any defects must be immediately reported in writing. Defects that would have been detectable at an immediate check can no longer be claimed at a later date.
- Every complaint must quote the article number, production code, designation and quantity of the rejected goods. Samples of the goods are to be kept or be returned to us. In the case of substantial defects, we can either deliver replacements or refund the purchase amount for the defective part of the delivery, at our choice.
- If the further processing of faulty goods at the customer results in production being completely or partially lost, we will only refund the purchase price of the raw materials used as a maximum. We accept no liability for any interruptions of operation, lost profits or indirect losses resulting from inadequate or delayed delivery.
8. Returns
Returns are only permitted with our consent. We are not obliged to take back incorrectly or over-ordered goods. If a return is agreed, the following rules will apply:
- The costs for the return of goods will be deducted from the credit amount as incurred.
- For hygienic reasons, we cannot take back or credit opened or soiled containers
- The request to return goods must take place within 3 months of the delivery.
- The decision regarding a credit note for food items will depend on the respective MHD.
- No credit note will be drawn up for returns with low value.
- The return delivery will be at the cost of the customer.
9. Vessels and containers
We will only accept the return of goods containers and transport containers (Euro pallets, etc.) in good condition. We will invoice non-returned containers at cost.
10. Force majeure
The feasibility of delivery, delivery restrictions, government measures, rationing, traffic and business disruptions, war, strikes and all other cases of force majeure are reserved.
11. Place of jurisdiction
In all cases, the place of delivery and payment for both parties is Stetten.
The place of jurisdiction is Baden.
Stetten, 1st October 2009