Terms and Conditions of Sale
Execution of Contract: The Seller’s offers are non-binding and made without engagement. Declarations of acceptance and all orders must be confirmed by the Seller in writing by fax or email, usually in the form of an ‘Order Confirmation.’ The same applies to any supplements or amendments. Drawings, illustrations, dimensions, weights and other performance data shall be deemed binding only if it has been expressly agreed in writing.
Pricing: All price quotes made by Seller are FOB Beverly, MA, in US Dollars, exclusive of packaging, handling and freight charges in addition to any local, state and federal taxes (if applicable.) Unless otherwise noted, the prices applying at date of delivery will be charged. Prices do not include the cost of return or disposal of old or used equipment or the installation of new equipment. Pricing is subject to change without notice. Please contact Hettich or an authorized reseller to obtain the latest version of pricing.
Delivery and Lead Time: Delivery times listed on quotations or order confirmations are non-binding, and merely serve as an estimation of lead time. Hettich will make every reasonable effort to ensure delivery times are met. Estimated ship/delivery dates will be listed on the ‘Order Confirmation’ sent to the Customer. Hettich is not responsible for any delays caused by: manufacturing process, transport, customs, materials testing, evaluation, or by a third party (including, but not limited to: suppliers, resellers, service contractors, and freight carriers.) Hettich will generally stock most items in their Beverly, MA warehouse; however, there may be times when items will be backordered from the manufacturing site. If items are backordered, the delivery dates will be determined based on promised delivery dates from the factory. Custom or specialty orders may have increased delay for research, manufacturing, testing, certification, etc.
Custom Made Orders: A limited return policy applies to all custom made goods. This may include ‘Special Construction’ parts as defined by their part number beginning in ‘SK.’ The annulment / return of custom made goods is possible only with the Seller's express written consent. The seller has no obligation to check the samples, drawings and other documents for the existence of industrial property rights. Responsibility lies solely with the customer.
Warranty: Hettich guarantees the workmanship and quality of its product. Details of Hettich’s warranty programs are clearly outlined in the ‘Hettich Warranty Information’ document. The latest copy of ‘Hettich Warranty Information’ is available online or in writing from Hettich.
Reservation of Title: The Seller reserves the title to the delivered goods until the purchase price has been paid in full and on other claims under the business relationship with the Customer have been satisfied.
Payment: Terms of payment (unless otherwise specified in writing) are to be on a NET 30 basis. Subject to approval, payments may also be made using Visa or MasterCard. In some cases, Hettich may require a credit history and/or references from the buyer before establishing an account. Prior to shipment of an order, Hettich may reserve the right to require a partial or complete advanced payment. Further details of Hettich’s terms of payment may be obtained though the Finance Dept.
Limitation of Liability: Damages claims against the Seller or against its employees or vicarious agents, insofar as they go beyond the present Terms and Conditions outlined herein, are barred unless they were caused through malicious intent or gross negligence.
Return of Goods: The return of any goods to Hettich must be approved of beforehand, either in writing or through the issuing of an RMA number by Hettich. Items returned without a valid RMA number will not be accepted. A restocking fee will apply to any items returned to Hettich. This may be a flat dollar amount or a percentage of the value of the products returned, up to 20%. The Customer will be made aware of this fee before items are returned. The Customer is responsible for the proper packaging and shipment of any returned goods. Only approved packing materials and methods may be used. Please contact Hettich for details. Hettich is not responsible for any damage to product or packaging that may occur during transport. The Customer may be liable for the cost of returning goods to Hettich. This may include any freight, handling, packaging and insurance costs. The Customer is responsible for the cleaning and/or decontamination of any unit being returned to Hettich, and is required to complete and return a ‘Certificate of Decontamination’ which can be obtained from Hettich.
Acceptance of Returns and Obligation to Dispose of Goods: The Customer accepts the obligation to treat and dispose of the delivered goods in a proper manner as prescribed by law after termination of use. Furthermore, the Customer shall expressly release the Seller from the obligation to take back goods.
Confidentiality Agreement: In instances where Hettich and the Customer wish to discuss and potentially enter a seller / customer relationship where information of a confidential or protected nature will be shared, both parties reserve the right to create a confidentially agreement. Such agreements will be created on a per-case basis.
Applicable Law, Place of Jurisdiction, Severability: The present terms and conditions of business, and all legal relationships between the Seller and the Buyer shall be subject to the laws of the Commonwealth of Massachusetts and the United States of America. Should any provision of these terms and conditions, a provision within the framework of any other agreements, be or become void this shall not affect the validity of any other
provisions or agreements.
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