1: Scope and Use
The following terms and conditions apply to all offers, sales and deliveries from Klee Engineering Ltd., unless otherwise agreed in separate writing.
2: Prices All prices are in USD excl. VAT
All prices are in USD excl. VAT, duties or taxes. If the sale is agreed in foreign currency Klee Engineering Ltd. reserves the right to price changes resulting from changes in exchange rates.
Payment must be made due to specified conditions as stated in the invoice. After due date default interest is calculated by 1.5% per month as well as compound interest. In addition an advance fee of USD 30, – is charged. The buyer is not entitled to offset the purchase price unless the counterclaim is acknowledged by Klee Engineering Ltd. in writing. If Klee Engineering Ltd. does not expect the buyer to be able to pay according to Klee Engineering Ltd’s terms of payment Klee Engineering Ltd. is entitled to require security for the price.
4: Reservation of title
Goods sold remain the property of Klee Engineering Ltd. until the entire order is paid.
Delivery is CPT warehouse Taiwan (Incoterms 2010), unless otherwise agreed in writing. Klee Engineering Ltd. does not accept return of pallets and pallet collars. For customised products Klee Engineering Ltd reserves the right to supply the ordered quantity +/-10%.
By deficiencies the Buyer must within 8 days after receiving the goods send s written claim to Klee Engineering Ltd. The buyer loses the right to rely on defects in the sold if complaint has not taken place within 12 months after deployment, maximum 18 months after delivery. Klee Engineering Ltd. shall not be liable for losses, lost profits or other consequential financial loss occurred at the buyer or third parties arising out of the deficiency.
7: Product Liability
Klee Engineering Ltd. is not responsible for buyer’s use of the sold goods. Klee Engineering Ltd. shall not be liable for losses, profits or other economic consequences occurred at the buyer or third parties arising out of defects in the goods sold. A claim or demand for proportional refusal to Klee Engineering Ltd. cannot exceed the invoiced amount of the sold object.
Goods sold by Klee Engineering Ltd. can only be returned after prior written agreement and after assignment of return order number. If goods are returned without an assigned return order number the goods are returned to the customer at his expenses. Returned goods must be free of damage, must be unused and packaging must be intact. Only products that are not customized can be returned. For any returned goods there will be calculated a fee of min. 20% of the invoiced price. Products that cannot be reused will not be deducted. Customised products and products no longer in stock are not returnable.
All information and data in Klee Engineering Ltd’s general sales materials, either in writing or electronically on www.klee.com.tw including drawings, product descriptions and objectives, may not directly or indirectly be deemed to contain guarantees and are binding only to the extent that the written agreement expressly refers to them. Klee Engineering Ltd. is not responsible for errors in data from suppliers and Klee Engineering Ltd’s own documentation.
10: Force majeure
Klee Engineering Ltd. shall not be liable for delay or failure to fulfil agreements reached as a result of force majeure, including war, insurrection, strike, lockout, blockade, export or import bans, confiscation, currency restrictions, fire, vandalism, natural disaster, a general scarcity of goods or other things that Klee Engineering Ltd. has not been able to avoid and whose consequences Klee Engineering Ltd. has been unable to avert. Both parties may terminate an agreement in writing where compliance has been impossible for more than 2 months due to force majeure.