The following terms and conditions shall apply to all quotations, sales, and deliveries and all further business transactions between Sahil Moulds as Supplier, and the Customer.
1.1 The following terms and conditions shall apply to all our sales and services. They form an integral part of all contractual agreements entered into by Sahil Moulds and the Customer. They shall apply to future sales contracts and business relations, even if not expressly implied.
1.2 Any terms and conditions of our business partners which are not in conformity with these General Terms and Conditions (GTC) shall not be binding on us unless we expressly agree to them in writing when the contract is concluded.
1.3 Counter-confirmations by the Customer with reference to their own general trading and purchasing conditions are hereby expressly rejected.
2.1 Our quotations are always given without obligation.
2.2 Any samples and specimens provided shall be non-binding samples for inspection. All written and oral information regarding the suitability of our products and their application possibilities is given to the best of our knowledge. The Customer is not released from the obligation to conduct their own inspection of the product in order to verify the suitability for the intended application.
2.3 The contract comes into being upon the placement of an order by the Customer. The order becomes legally binding by means of our written order confirmation.
3.1 Unless otherwise specified, prices shall be ex-works and include packaging. Additional costs incurred due to special delivery requirements by the Customer (such as express freight and the like) shall be borne by the Customer.
3.2 The prices for the mould tools are inclusive of sampling costs but exclusive of costs incurred by modifications performed at the instigation of the Customer.
4.1 The term of delivery shall commence upon receipt of all documentation required for the execution of the order and the timely provision of materials, if such were agreed. The delivery period shall begin upon production or clarification of all commercial and technical documentation necessary for the execution of the order. Delivery periods may need to be modified if not all required documentation is submitted in a timely manner.
4.2 Deliveries are subject to confirmation, following consultation with the Customer. Sahil Moulds reserves the right to effect partial deliveries.
4.3 In the event that cases of force majeure affect the Supplier or any of their sub-suppliers, the delivery times will be prolonged accordingly. The same shall apply in the case of official government interferences, difficulties in procuring energy or raw materials, strikes, lock-outs, or other unforeseeable obstacles to the supply chain, where the Supplier is unable to cope with these. Sahil Moulds undertakes to inform the Customer of such circumstances without delay. The Supplier will not be liable for any damages due to delayed deliveries arising from such causes.
5.1 Unless otherwise agreed, the Supplier reserves the right to select the packaging and the mode of dispatch according to their own discretion.
5.2 Even when delivery is carriage paid, the risk transfers to the Customer at the time goods are dispatched from the Supplier's plant.
6.1 The invoice amounts shall be due and payable within 30 days after invoice date without deductions. The allowance of a discount shall be agreed upon separately. The timeliness of a payment is judged by the date the amount is credited to our account and is at our free disposal.
6.2 If the payment period is exceeded, or if the full amount is not paid on time, the Customer shall be in default of payment without reminder. We shall be entitled, without prejudice to any further claims, to claim default interest as of the due date, according to the applicable interest rate. If the Customer is in payment arrears or should we become aware of reasons to doubt the ability of the Customer to pay, we shall be entitled to demand immediate payment of outstanding amounts and/or the provision of security against payment even prior to the dispatch of goods.
6.3 The Customer is only entitled to offset against claims that are undisputed or have been determined as legally valid, or may only exercise a right of retention if the counterclaim is based upon the same contractual relationship.
7.1 The right of ownership of our products passes to the Customer only after the purchase amount has been paid in full.
8.1 Warranty claims shall be fulfilled at our discretion, either by repair or replacement.
9.1 All claims on the part of the Customer, irrespective of the grounds on which they are based, for damages that may arise directly or indirectly in connection with the order, delivery, or usage of our goods are excluded unless the damage was inflicted deliberately or by gross negligence on the part of our employees, assistants, or agents.
10.1 The Customer shall indemnify us and hold us harmless from any and all third-party claims arising from performance rendered by us on the basis of all documentation provided by them.
11.1 The place of performance for all obligations deriving from the contractual relationship is the registered office of Sahil Moulds.
12.1 Any contractual amendments, modifications, or verbal subsidiary agreements shall only be valid if confirmed in writing by Sahil Moulds.