Terms and conditions governing sales, delivery and payment
1. General conditions
Unless otherwise expressly and formally agreed in writing, all sales are bound by the following general terms and conditions. All previous agreements and conditions are null and void. Any exemptions will only be valid once confirmed in writing. The invalidity or amendment of any of the following conditions will not affect the validity of the remaining provisions. We do not recognise any conditions stated on our clients’ documentation. Our preceding terms and conditions alone will be valid.
Unless otherwise agreed, our prices are ex-shop in Contern. They are based on the current cost of raw materials, wages and taxes and on today’s exchange rate.
Our offers are always without obligation.
4. Order acceptance
Orders are accepted subject to our ability to deliver. Delivery times are not binding. In the case of goods that are not in stock at the time the order is placed, we reserve the right to deliver at a later date, provided that the order is not cancelled within eight days of receipt of the invoice for the goods delivered.
Goods are transported at the buyer’s risk. All shipping methods are at the buyer’s expense, meaning that shipment is made with postage due or, in the event of prepayment, that postage will be invoiced. No discount or reward will be offered for client collection. Goods are carefully checked, packaged and loaded prior to delivery. We cannot be held responsible for any breakages that occur along the way or any shortfalls on arrival. In the case of orders requiring special packaging, the latter will be charged at cost price
The recipient is responsible for checking the delivered goods immediately upon delivery. Complaints, in order to be valid, must be submitted in writing within 8 days of the date of delivery. Damaged goods will only be exchanged or compensation paid once it has been established that we are responsible for the damage in question. Returns (and exchanges) can only be made with our prior agreement. The client will be responsible for the cost of returning, exchanging and storing the goods in question. Any deductions at the time of payment may only be made once a valid credit note has been received. In the event of a justified complaint, we reserve the right to take back the faulty goods and to replace them. Any other rights to change or reduce the order or for damages and especially compensation for damage, labour, material, transport costs, penalties for delay, etc. are excluded. Our guarantee is limited to that provided by our suppliers.
Our invoices are payable net in Luxembourg, within 15 days of the invoice date and without discount. Any delay in payment entitles us to charge 10% interest without prior notice. In the event of payment by bills of exchange, the accepted bills of exchange must be returned to us within a week and any corresponding charges incurred borne by the buyer. In special cases, we are entitled to request either reduced payment terms or appropriate guarantees or advance payment, in addition to which we reserve the right to suspend the delivery of any further orders. Failure to comply with our payment terms or due dates shall render all sums owing, including outstanding bills of exchange, immediately due and payable.
8. Retention of ownership
Goods will remain the property of Hospilux until they are paid for in full.
9. Place of jurisdiction
In the event of a dispute, only the courts of Luxembourg shall have jurisdiction.