General terms of sale and delivery for KYOCERA UNIMERCO Tooling S.r.l. unipersonale 1.1 If one or more provisions are or become invalid or void because of any local legislation, or if it contains a cap, the validity of these general terms and conditions shall not thereby be affected. The parties are obliged to replace any invalid or void provision with a valid provision that comes as close as possible to the commercial meaning and purpose of the invalid or void provision. 1.2 Our offers are non-binding. Technical data in our general product information is indicative only and not binding, unless expressly confirmed by us. 1.3 The prices in our quotations or order acknowledgements are net prices excluding Value Added Tax. The prices for custommade products are based on the specifications and quantities agreed with the customer. In case of subsequent requests for modification, we are entitled to alter the price according to the additional costs. We will mutually discuss adjustments based on changes in foreign exchange rates, increases in material costs, inflation, increases in labour or other production and supply costs, or any other event affecting the price or availability of the Products. 1.4 The stated prices in offers and orders are subject to documented changes in duties and taxes, exchange rate changes, changes in payroll costs, price increases on raw materials or any other conditions beyond KUT’s control. 1.5 Orders placed by the customer shall only be deemed accepted when confirmed by a written order acknowledgement. Any modifications of orders must be confirmed by us in writing. For standard products (indexable tools + MIT + SGS products) following term applies: If the value of the total daily order of indexable tools + MIT products is below 75,00 EUR, a freight charge of 10,00 EUR will be charged. If the value of the total daily order of SGS products is below 75,00 EUR, a freight charge of 10,00 EUR will be charged. 1.6 Products can be returned only, if a separate agreement has been made in advance. A returning fee may be charged. For standard products (indexable tools + MIT products) following terms applies: Only standard products in intact packaging will be accepted for return. Only standard products still available in our current catalogue will be accepted for return. For indexable tools and MIT products a returning fee of 4% of the purchasing price of the returned tools will be charged and deducted from the value of the credit note. For SGS products a returning fee of 10% of the purchasing price of the returned tools will be charged and deducted from the value of the credit note. 1.7 Contracts with customers shall be subject to these Terms and Conditions of Sale and Delivery. Differing general terms and conditions shall be void and of no effect, even if the order was placed on the basis of said terms and was not expressly rejected. 1.8 The Buyer should note that we use the Buyer’s customer data for continuous credit rating of the Buyer. Thus, we disclose the Buyer’s customer data to credit rating agencies with a view to obtaining the Buyer’s customer and credit information. 2.1 Delivery dates are only binding when expressly confirmed by us in writing. The Term of Delivery is ex works according to Incoterm 2010. 2.2 The delivery is subject to the correct and punctual supply to ourselves. Deviations from the quantity ordered by the customer within the common industrial range and partial deliveries shall be accepted if this is reasonable for the customer. For Customized Cutting Tools the industrial standard is as stated below: We shall be entitled to deliver more or less tools than ordered in accordance with the below, as the case may be. Ordered quantity Permissible industrial standard deviations Up to 4 tools From 5-11 tools From 12-30 tools From 30-50 tools More than 50 tools 1 tool 2 tools 3 tools 10% 5%, however, no more than 5 tools. 2.3 In the event of default in delivery, the customer shall be entitled to cancel the part of the agreement which has not been fulfilled after a reasonable period of grace was set to no avail. Any further claims shall be subject to Section 4 hereinafter.
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