Terms of Sale

Terms of sale World Elevator B.V.

 

  1. 1.    Prevailing terms of sales

These terms of sale will always prevail from possible differences of the Terms of Purchase of the buying company.

 

  1. 2.    Price

Quotations expire in 30 days unless otherwise advised in writing.

 

  1. 3.    Delivery

Performance of all agreements on World Elevator’s part is subject to delays caused by acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion or disorder, war, malicious mischief, acts of God, inability to procure material or labour, delay, damage or loss in transportation, delays in the building schedule, or any cause beyond World Elevator’s control and in no event shall World Elevator be liable for any penalties, consequential or liquidation damages which may be imposed upon delivery of completion dates Performance will be subject to applicable regulations of government agencies.

 

  1. 4.    Payment

Payment shall be made by irrevocable 100% at sight Letter of Credit in EURO to be established at least three (3) months before the F.O.B. shipment date, unless otherwise noted.

If for any reason Purchaser is not ready to accept delivery of the equipment when World Elevator notifies Purchaser it is ready, Purchaser will immediately make the payments due for the equipment and designate some local where Purchaser will accept delivery. Unless Purchaser designates such point of delivery within two weeks, World Elevator is authorized to warehouse the equipment at a suitable warehouse chosen by World Elevator. Purchaser agrees to reimburse World Elevator for all cost due to extra handling and warehousing.

 

  1. 5.    Taxes

Quoted prices do not include sales, use or excise tax.

 

  1. 6.    Order

All orders must be bonafide commitments showing definite prices, mutually agreed upon delivery dates, stipulated quantities and complete item descriptions.

 

  1. 7.    Cancellation and alteration

An order may be cancelled or altered by the Purchaser only upon payment of charges based upon costs incurred and commitments made by World Elevator.

World Elevator reserves the right to supply assemblies in lieu of subassemblies or components which are not available outside of assembly, and to supply parts of current design or availability in lieu of obsolete or no available parts where such substitutions are deemed by World Elevator to be appropriate.

 

  1. 8.    Damage and loss

All products are packed and marked for shipment according to good commercial practice only. No special packaging, preservation, or marking in included, expect upon specifically written agreement by authorized personnel. Upon delivery to the carrier and his receipt for the merchandise, responsibility for the delivery intact to the designation rests with the carrier. All shipments should be inspected upon receipt at the destination for visible or concealed damage. Claims for loss or damage should be filed with the carrier immediately. A concealed damage claim is required when damage is not externally visible. World Elevator will assist insofar as is practical in securing satisfactory adjustment of claims. However, all claims for loss and damage must be made by the Purchaser to the carrier.

 

  1. 9.    Responsibility

It is expressly understood that the Purchaser assumes all liabilities for loss, damages, or injury, including death, to persons of property arising from or out the use, application, or operation of the products manufactured by World Elevator and agrees to indemnify and hold World Elevator harmless from all damages, claims, suits, expenses, and payments (including cost of defense), except that resulting solely from defects in the manufacturing and/or installation of the products.

 

10. Limited warranty

World Elevator warrants that its products will be manufactured only from sound materials and in workmanlike manner assemble and installed and will correct any proven defect by repair or replacement which shall occur under proper and normal use and service in accordance with the contract of the project, whichever shall come first. World Elevator may, at its discretion, require proof of date of acceptance. Service replacement parts will be warranted for one year from date of from date of shipment by World Elevator of the original parts to the Purchaser. This warranty is in lieu of any other liability for defects.

World Elevator will not be responsible for any product to which unauthorized revisions, additions or alterations have been made, or which does not utilize attendant equipment or materials of the specifications which World Elevator recommends. World Elevator will not be responsible for trouble with any product arising from improper or unbalanced power supply characteristics, improper or inadequate maintenance, abuse or misuse of the product, trouble due to acts of God or any other causes beyond World Elevator’s control.

As a condition of this warranty, World Elevator may require that certain defective product be returned to its plants. In certain cases, it may be impractical for the defective product to be returned to World Elevator before a replacement product has been received. Such warranty replacements must be ordered by the Purchaser for which he will be invoiced at World Elevator established prices. World Elevator will however allow credit for any proven defective product which is returned prepaid within forty-five (45) days from date of replacement shipment. World Elevator will ship all warranty replacements. The Purchaser will pay the total transportation charges. World Elevator will not grant any allowance for relocating trouble or making repairs unless prior authorization has been obtained.

 

World Elevator makes no warranty of merchantability and no warranties which extend beyond the description herein, nor are there any other warranties expressed or implied by operation of law or otherwise.

As does all fine mechanical apparatus, the equipment manufactured by World Elevator requires maintenance service and should be periodically examined, lubricated, and adjusted by competent personnel. This warranty is not intended to supplement the normal servicing of the equipment.

World Elevator reserves the right to make changes in its products without imposing any obligations upon itself to furnish or install them on its products previously manufactured.

World Elevator shall in no event be liable for damages or delay or for any consequential, special, or contingent damages for breach of warranty.