Terms and conditions of sale

TERMS AND CONDITIONS


1. GENERAL:


All deliveries and services from Festo Automation Limited, including the sale of software, are subject to the following terms and conditions of sale. Any conditions in any order given by any customer which are inconsistent with these conditions are expressly revoked. Such conditions shall not be legally binding for Festo Automation Ltd unless they have been agreed to in writing by Festo Automation Ltd. The placing of an order and acceptance of goods delivered by Festo Automation Ltd shall constitute the customer's agreement to our conditions.

2. QUOTATION:

The quotation is valid for a period of thirty days unless extended in writing.
We reserve the right to alter design and weight to be in conformity with the technical progress.
Mistakes that are due to printing, arithmetical and calculation which are apparent shall not give rise to any claim for compensation and shall not
create any obligation.

3. PRICE:

Prices apply ex- Festo Automation Ltd warehouses. The price includes the dispatch and packaging cost within Lagos State free of charge. Outside Lagos it’s on the customer’s account. Value added tax is not included.
3.1 Delivery through Courier or ABC Transport has to be prepaid.
Any other new taxes, levies, surcharges etc. levied on the date of dispatch have to be paid by the Purchaser.
Prices and terms are subject to change without notice. The price ruling at the time of dispatch will apply.

4. MODE OF DESPATCH:

Unless otherwise specified, by ABC TRANSPORT and/or by lorry only Despatches by courier can be made but only if so specified by the client, who should also indicate the name of the courier. However, Festo Nigeria shall bear no responsibility for the quality of such services or for the loss, damage, destruction during transit.
Despatches by AIR can also be made on request. All despatches are subject to availability of services of carriers.

5. DELIVERY TIME:

We shall endeavour to keep: the scheduled delivery dates. The delivery period commences with the acknowledgement of the order by us. This however applies from that point of time when all the technical a/id commercial details of the sales have been clarified.
If some clarifications are required, the delivery period commences from the date such clarifications reach us. For non-standard products, the delivery time will be informed with the order acknowledgement. Unless otherwise specified by the customer, part deliveries to be accepted by the customer.
Unforeseen events, whether in our Works or in the third party undertakings, on which the manufacture and transportation of the object of supply materially depend and for which we have been seen objectively, are not culpably responsible. These unforeseen events include, but are not limited to labour disputes, wars and uprisings, strikes, action by public authorities, act of God and Traffic bottlenecks, dearth of raw materials and energy as well as major damage sustained through the action of water, fire, which release us from the obligation to adhere to the delivery dates.

6. PAYMENTS:

6.1. Each invoice amount up to =N= 40,000.00 is payable in cash/cheque as soon as delivered. 6.2 30 days credit only for approved customers otherwise 80% deposit if the amount is higher than clause 2.1. Balance must be settled on completion but before delivery. 6.3 For Projects 80% deposit. Balance must be settled on completion but before installation. 6.4 If the period of payment has been exceeded, we reserve the right to claim the damages caused by delayed performance to the level of the bank credit claimed. 6.5 Assembly and repair costs are payable net. 6.6 In the case of orders and delivery through Festo Automation Ltd with a net goods value of less than =N=3,000.00 we will add a small-order supplement to the invoice to bring its value up to this amount. 6.7 Discount: ask for the Festo discount structure 6.8 The withholding of payments or offsetting of potential counterclaims is not permissible other than in the case of recognized or legally determined counterclaims.If is not permitted to hold back payments, or to take contra deductions, because of possible counter claims. Interest at 15% per annum is payable on overdue outstanding payment.

7. INSURANCE:

If required, to be arranged by the ordering party. The materials will be despatched at the purchaser's risk.

Should the ordering party request an immediate delivery, he should do this in writing by bearing all the responsibilities for not providing transit insurance.

8. RISK TRANSFER AND ACCEPTANCE:

Risk is transferred to the ordering party upon despatch, in part or full from our warehouse in Nigeria 9. RESERVATION OF OWNERSHIP: The goods supplied shall remain the property of Festo Automation Ltd until all debts owed by the customer are settled in full including any balances existing from the business relationship with the customer irrespective of statutory source.
10. Warranty claims:
We accept responsibility for defects in our deliveries and this includes also failure to develop promised characteristics in the following manner.
All components are put right by us or are re-supplied free of charge which become unusable or the utility of which is significantly impaired within six months of transfer of risks, in particular faulty design, bad materials or inadequate workmanship.
The warranty period for the rectified object or the replaced part is 3 months. However, it runs at least to the expiry of the original warranty period. The period of liability for the object supplied is extended by the duration of the interruption of operations caused by the work of putting the equipment right.
The detection of such flaws has to be reported to us in writing at once, latest 8 days after receipt of goods. If the complaint is justified, we carry the cost of putting the equipment right. Otherwise, the customer should bear the costs.
Besides, we offer no warranty against damages which have arisen from the following causes:
Unsuitable or unprofessional application or storage, faulty installation by the customer or third party, unauthorised attempts to rectify or modify natural wear and tear, incorrect or negligent treatment, chemical attack, electrical effects, etc. upon which we have no influence.
Any act, default or neglect on the part of the Purchaser and / or its employees, causing damages directly or indirectly.
Our data regarding the equipment supplied and its purpose of application, e.g., regarding dimensions, weights,- hardness, values of utilisation, temperature, etc. represent solely descriptive material or technical data but not characteristics which, we guarantee. They are non-committing guidance data and can be considered as assured, only in as much as they correspond to our trial samples tested by a customer for the specific intended application and released for the latter. Minor deviations do not entitle to any warranty rights.

11. CLAIMS FOR COMPENSATION FOR DAMAGES:

Under no circumstances we can accept penalties of any nature in case of delayed supply.
We also shall not be liable for damages measured by loss of profit or product or consequential damages of any nature, resulting wholly or partly from Festo Controls delay, negligence, mistake, misrepresentation.

12. APPLICABLE LAW

The law of the Federal Republic of Nigeria shall apply to the contractual relationship between Festo Automation Ltd and the customer to the exclusion of all agreements concerning the purchase of movables, in particular to the exclusion of the UN agreement relating to contracts regarding the international purchase of goods of 11.04.1980 (CISG).