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Terms and conditions

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1 Applicability

These conditions form part of any quotation by Isotope-Electronics for the sale of goods and shall, unless otherwise agreed in writing , apply to any sales contract entered into by Isotope-Electronics. In case of invalidity of one or more of the provisions of these conditions the validity of all other provisions shall remain unimpaired.

2 Quotation

Quotations are given without obligation. Isotope-Electronics is bound to deliver only after written acceptance of buyer’s order.

3 Delivery

3.1 Time of delivery is indicated as accurately as possible but is not subject to condition, warranty or representation.

3.2 Further, time of delivery is subject to extension for delay due to labour conflicts, breakdowns in production, delay in transit, shortage of raw materials, government regulations or any other cause (whether similar or not to the before mentioned) beyond Isotope-Electronics reasonable control. In such cases Isotope-Electronics reserves the right to cancel the sales contract in whole or in part after written notice to buyer.

3.3 If buyer has not fulfilled in whole or in part its obligations or in any other way delayed the delivery, e.g by addition to or the alteration of the order Isotope-Electronics is entitled to reasonably extend the time of delivery or to cancel the sales contract.

4 Prices and delivery times

4.1 All goods are sold and all prices are quoted Ex-Works.

4.2 Prices quoted are exclusive of any tax, duty and other levies.

4.3 Interpretation of trade terms shall be in accordance with incoterms.

4.4 Isotope-Electronics reserves the right to deliver 10 % more or less of the quantity specified and then to invoice the delivery quantity at the valid unit price unless otherwise agreed.

5 Price adjustments

Isotope-Electronics reserves the right at any time to make reasonnable adjustments of agreed prices in relation to increases in Isotope-Electronics’s costs of labour, material, goods or transport and also in relation to any changes in currency exchange rates which affect Isotope-Electronics.

6 Packing

Quoted prices include Isotope-Electronics standard air freight packing and any special packaging shall be charges extra.

7 Payment

7.1 Due date for payment, unless otherwise indicated in the quotation and invoice, is 30 days from the date of invoice. An interest of the rate of two percent per month will be charged on overdue payment.

7.2 In case of payment default by buyer Isotope-Electronics is entitled to withhold further deliveries until payment has been made or to cancel the contract in question and any other contract with buyer.

8 Product specifications

All descriptions, drawings and other particulars (including dimensions, materials and performance data) given by Isotope-Electronics are as accurate as possible but, being given for general information, are not binding on Isotope-Electronics unless specially agreed in writing. All dimensions and materials are, unless otherwise stated, subject to reasonnable variations resulting from the raw material available or arising in the ordinary course of manufacture. Any performance date are based upon Isotope-Electronics’s experience and are such as isotope-Electronics normally expects to acheive.

9 Warranty, product liability.

9.1 Isotope-Electronics warrants that the goods manufactured by our suppliers are free from defects in design, material and workmanship. Isotope-Electronics liability under this warranty shall be limited to replacement or repair free of charge, at one of Isotope-Electronics’s factories selected by Isotope-Electronics, provided that notification of such failure or defect is given to Isotope-Electronics immediately upon the same becoming apparent and that of Isotope-Elctronics’s request the goods are promptly returned to Isotope-Electronics carriage paid. In case the goods thus returned as defective, prove to be without fault or defect, Isotope-Electronics is entitled to charge buyer 10% of the value of the returned goods.

9.2 If the goods supplied or part thereof are not manufactured by or branded Isotope-Electronics, Isotope-Electronics will only extend to buyer the benefit of the warranty granted to the manufacturer of the goods.

9.3 Isotope-Electronics liability is further limited to a period of 12 months from the date of shipment to buyer.

9.4 Isotope-Electronics shall not be liable for any defect which is due to accident, fair wear and tear, negligent use, tampering, improper operations or improper storage or any other default on the part of any person other than Isotope-Electronics.

9.5 Isotope-Electronics shall have no other liabilities in case of defective goods than those stated above and shall under no circumstances be liable for any consequential loss or damage arising from the use of goods sold by Isotope-Electronics.

9.6 The above limitations of Isotope-Electronics’s liability for defective goods shall apply also with regard to products liability, and Isotope-Electronics shall have no responsability for injury to persons or for damage to goods or property of any kind.

9.7 In case of products liability claims fromm third parties against Isotope-Electronics, not falling within Isotope-Electronics’s liability in accordance with the above, buyer shall hold Isotope-Electronics harmless.

10 Patent right etc.

Patent, design and trademark rights relating to goods offered or supplied shall remain Isotope-Electronics’s absolute property and Isotope-Electronics’sdesign drawings may not be reproduces or disclosed to any third party without Isotope-Electronics’s written consent. Buyer may not without Isotope-Electronics’s previous written consent copy or enable others to copy any goods or part thereof suppplied by Isotope-Electronics.

11 Bankruptcy

If buyer shall at any time become subject to bankruptcy or liquidation proceedings or otherwise become insolvent Isotope-Electronics is entitled to cancel with immediate effect in whole or in part all contracts with buyer. In such case Isotope-Electronics is entitled to use goods developed in co-operation with buyer or its successors is not guaranteed.

12 Cancellation

Cancellation by Iostope-Electronics of any sales contract in whole or in part in case of default by buyer shall entitle Isotope-Electronics to charge buyer for all materials and work in connection with the deliveries to the buyer and agreed prices less an allowance of the value thereof as realized or utilized by Isotope-Electronics for other purposes.

Cancellation costs are due for payment 30 days after the date of invoice.

13 Export restrictions.

Goods delevered by Isotope-Electronics may be subject to France, U.S or COCOM regulations restricting export thereof or of finished products containing the goods. Buyer is thereof advised to ascertain the status of the goods in this respect.

14 Arbitration

All disputes arising in connection with contracts under these conditions shall be finally settled under the Rules of conciliation and Arbitration of the chamber of commerce by one or more arbitrators appointed in accordance with the rules. The arbitration shall be held in Evry, France. France law shall apply.

 

 

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