You are here: / Terms and Conditions

Terms and Conditions

I. OFFERS, QUOTATIONS AND ORDERS

1. This writing is not an acceptance of any offer made by customer, and Getrasport hereby objects to any additional or different terms which may be contained in any of customers purchase orders, acknowledgements or other forms of communication received from customer.

2.Orders have to be given in writing. Acknowledgements of orders received will be confirmed in writing. Placed orders will be cancelled if the terms of payment are not fulfilled by the customer. Changing or cancelling the order has to be done in writing within 8 days from the date of receipt of the order acknowledgement.

3. Quotations are valid 30 days from date of offer if not otherwise stated in the quotation or elsewhere confirmed in writing. The quotation does not include taxes or duties imposed by authorities, even if they are acknowledged in the quotation. If the customer changes the specifications of the quotation, i.e. quantity or/and price, Getrasport reserves the right to change the written terms given in the quotation.

II. PRICES AND SHIPMENT
Prices are excluding taxes or any other duties.

Prices are ex works for orders less than EUR 500,-- no packing charges. Charges for special packing will be billed separately.

Prices are FOB German Boarder for orders more than EUR 500,-- .Bulky and heavy goods ex works.

No handling or service charges.

III. CLAIMS

The customer is obligated to inspect merchandise on receipt for damage and shortage. Notations of any shortage or damage to the merchandise or packaging must be made on the delivery receipt before signing it. All claims for defective or damaged products must be made by the customer in writing fully setting forth the nature of the alleged defect or damage, within 8 days after the receipt of goods in order to be accepted by Getrasport.
Claims for damage or loss in transit must be made directely against the carrier.

IV. DELIVERY TIME

Approximate delivery time is stated in the order acknowledgement. Delays in delivery caused by circumstances beyond the control of Getrasport, as force mejeure, strike, blockade, lock-out, illness, faulty or delayed material from subcontractors cab can not be compensated economically by Getrasport. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost because of the delay. Customer’s exclusive remedy for other delays and for Getrasport’s inability to deliver for any reason, including customer’s inability to produce goods which meet the requirements of this contract, shall be rescission of this agreement.

The right to deliver partial is reserved.

V. RISK OF LOSS

Title and risk of loss shall pass to the customer when leaving suppiers warehouse, upon the earlier of Getrasports delivery to carrier or delivery into storage, regardless of whether the transport medium or storage facilities are owned and/or operated by Getrasport and regardless whether Getrasport charges customer for storage.

VI. RETURNS

Returned goods will not be accepted unless Getrasport has given a written authorization. A cash refound will not be issued but the customers account will be credited. Returned goods must be shipped back with freight prepaid. Goods returned as a result of customer ordering error will be charged a 20% restocking charge, in addition to freight charges. Furthermore any costs to put products in marketable condition will be charged to the customer. Especially up to customers request made products can not be returned.

VII. TAXES AND OTHER CHARGES

Any manufacturer tax, occupation tax, use tax, sales tax, excise tax, value-added tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatever imposed by any governmental authority on or measured by the transaction between Getrasport shall be paid by customer in addition to the prices quoted or invoiced. In the event that Getrasport is required to pay any such tax, fee or charge, customer will reimburse Getrasport therefore.

VIII. METHOD OF PAYMENT

30 days net from invoice date with approved credit. Otherwise payment in advance (PIA) or cash against documents (CAD) or irrevocable confirmed letter of credit (LC).

Any partial delivery will be billed separately.

If customer makes and assignments for the benefit of creditors, or admits in writing its failure or inability to pay its debts as they become due, or applies for or consents the appointment of a receiver for any of its property, Getrasport may terminate any agreement arising out of this offer at any time, effective immediately upon notice. Such termination shall not relieve either party from any obligations accrued hereunder up to the date of notice of termination.
Whenever Getrasport in good faith has reason to question customer’s ability or intent perform, Getrasport may demand in writing adequate assurance from customer of customer’s ability or intent to perform, and may suspend performance hereunder pending such assurance. In the event that such a demand is made and such assurance is not given within a reasonable time, Getrasport may treat that failure as an anticipatory repudiation hereof and exercise any appropriate remedy therefore.

X. OWNERSHIP

If otherwise not agreed in writing the material shipped will be the property of Getrasport until full payment has been received. The customer has no right to sell, rent out, lease out, to pawn/pledge, mortgage or change the material, unless it has been payed in full. Getrasport has the right to take back material not paid in full. In this case the cost of return will be charged the customer.

XI. GUARANTEE

Equipment produced or supplied from Getrasport has 2 years guarantee for faulty material or manufacturing defects. Misuse, abuse or failure to provide reasonable care and maintenance is not covered. Defective products will be repaired or replaced, at the option of Getrasport, without charge, provided said product is returned to Getrasport at the purchaser’s expense. Getrasport reserves the right to refound the actual purchase in lieu of repair or replacement.

XII. LIMITATION OF REMEDIES

Getrasport’s liability with respect to breaches of warranty shall be limited as provided in section VII hereof. In no event shall Getrasport be liable for any special indirect or consequential damages, whether for breach of contract of warranty, negligence or other tort, on any type of strict liability theory or any other theory of liability.
Without limiting the generality of the foregoing, Getrasport specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, services, labour or salaries, downtime, shutdown or slowdown costs, spoilage of materials, or any other type of economic loss. All the limitations and disclaimers contained in this paragraph and in the rest of this contract shall apply to claims of customer’s clients or any third party asserted by customer against Getrasport for indemnity or contribution, as well as direct claims of customer against Getrasport.
Customer shall indemnify Getrasport against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys fees and other costs of defending any action) which Getrasport may incur as a result of any claim by customer or others arining out of or in connection with the products and/or service sold hereunder and based on (a) any modification of the products: (b) product or service defects not proved to have been caused solely by Getrasports’ negligence; or (c) in the event of resale, by virtue of customer’s failure to properly disclaim all implied warranties and consequential damages to subsequent purchasers.

XIII. WAIVERS AND ASSIGNMENT

No waiver by either party of any default by the other in the performance of or compliance with any provision, condition or requirement herein shall be deemed to be a waiver of, or in any manner release such other party from compliance with any such provision, condition or requirement in the future; nor shall any delay or ommision of either party to exercise any right hereunder or otherwise in law in any manner impair the exercise of any such right thereafter.
Neither party shall assign any of its rights hereunder without the prior written consent of the other party; Getrasport may subcontract some or all of its obligations hereunder without the consent of customer. Subject to any required consent, the terms hereof shall inure to the benefit of and shall bind the successors and assigns of the parties hereto.

Getrasport reserves the right to change all technical specifications, prices and product designs without prior notice.