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General Conditions of Sale

General points

Save other special agreements stated in writing, the order duly placed by the Customer implies acceptance of these general terms and conditions of sale. SIRKOM will not be bound by any stipulation made by the Customer regarding purchase conditions, bills of exchange, acknowledgement of receipt or any other document unless it has been expressly accepted by the Company beforehand.

The information stated in our catalogues and price lists is for guideline purposes only. SIRKOM may modify such at any time without prior notice based on the development of market conditions.

Orders

All orders, in addition to the web site, can be placed in writing or by telephone. Confirmation of the order will be sent to our installations in writing. Orders will not be considered definite until they are accepted by SIRKOM Any stipulations revoking or complementing these general terms and conditions of sale will be considered acceptable to the Customer unless written protest is presented.

Prices

The prices which the Customer is invoiced for the products will be increased by the corresponding taxes. Special orders and products that do not appear on the sirkom.com price list, will be invoiced according to the price quoted plus the addition of corresponding taxes.

Delivery

  1. Save a possible private agreement, the products will be supplied within the stated delivery times as from the date of payment or acceptance of the order by SIRKOM in the case of deferred payment. SIRKOM makes every effort to respect stated delivery times, nevertheless, these are for guideline purposes only. However, such delay will not entail cancellation of the order or compensation of any description. Any penalty clause for late delivery imposed by the Customer will be rendered null and void by point 1 of these Conditions of Sale.
  2. Delivery will be considered completed as soon as the transport company has handed the product over to the Customer and the addressee has signed the delivery docket. The addressee will be responsible for checking the products at the time of receipt and lodge any complaint or comment that may be justified. The said comments and complaints must be made to the transport company by registered letter within three (3) working days following delivery of the products, with a copy of this letter being sent to SIRKOM
  3. If the Customer does not agree with either the type or quantity of the products specified on the delivery note, the Customer should lodge a complaint within seven (7) days as from the delivery date.
  4. The Customer will pay for any shipment costs incurred, unless the said circumstances warrant free shipment.

Software

  1. All software supplied to the Customer by SIRKOM with the sale of its products is, and remains, property of the Customer. The Customer will enter into an end users licence agreement for the software that accompanies the sale of the product.
  2. SIRKOM does not offer any warranty for the software supplied and accepts no responsibility arising from the use of such software.

Reservation of Title – Risks

  1. SIRKOM expressly reserves title of the products delivered until full payment of the sale price, interests, expenses, etc. have been made. Consequently, in accordance with this condition, payment by bills of exchange, promissory notes, cheques or any other security payable on demand will not be considered made, until payment on the said documents is settled in full.
  2. Nonetheless, risk in the goods is transferred to the Customer upon delivery of the products. The Customer assumes responsibility for the safekeeping and conservation of the products as well as providing appropriate insurance to cover the costs of any imperfections or damage that the goods may suffer.
  3. In the event that the Customer suspends payment, SIRKOM will be entitled to reclaim the products. Any amounts previously deposited will not be refunded by SIRKOM by way of a forfeit clause.

Conditions of payment

  1. Save for particular provisions, payment for the products will be made by bank transfer or credit card.
  2. Under no circumstances will delay or omission of payment be permitted. The Customer may not withhold any amount on the sum due within the specified periods.
  3. The sale, assignment, leasing or transfer by the Customer of his/her business or assets in full or in part as well as non-payment will entitle SIRKOM, without prejudice to other laws and regulations, to suspend further deliveries until the all debts have been settled. Outstanding payments will demandable immediately.

Cancellation clause

  1. The Customer’s failure to comply with any of the obligations, in full or in part; failure to make prompt payment on any instalment; delay in any payment, and, in particular, existence of embargos or sureties on the customer’s business, in full or in part; will entitle SIRKOM in the first instance to close payment terms and consequently demand immediate payment on amounts outstanding and, secondly, to suspend further deliveries and annul all current contracts.
  2. Contracts will be cancelled pleno jure and without legal formalities within a period of seven (7) days as from the date of issuing the Customer demand for payment, via registered post with acknowledgement of receipt, and stating the intention to apply this clause.
  3. In the event that this cancellation clause is applied, SIRKOM, or its representatives are expressly authorised to enter the Customer's premises in order to recover the products involved in the application of clause 6.

Guarantee

  1. SIRKOM guarantees the products sold to be free of any manufacturing faults (parts and labour) for a period of one year as from the date of purchase, save sales made directly to the end customer who will be covered by the conditions established under concerning the Sale of Consumer Goods and Associated Guarantees.
  2. Not covered by the guarantee is faults and damage produced by external events, accidents, especially electrical accidents, normal wear and improper use contrary to instructions issued by SIRKOM Similary the guarantee does not cover products modified or repaired by the Customer or any other person not authorised by SIRKOM as well as those products that are subject to a specific support contract. Likewise, the guarantee does not cover hidden faults and/or manufacturing faults, for which the Customer will have a period of seven (7) days as from the delivery date of the products in order to lodge all relevant complaints.
  3. By virtue of this guarantee, SIRKOM is only obliged to repair or replace the product or the part acknowledged as defective and returned to SIRKOM
  4. All products returned under guarantee must be previously accepted by SIRKOM To this end, the Customer will telephone the SIRKOM after-sales service. If the product is accepted as defective, SIRKOM will provide the Customer with a return number for the product. The said defective product will be returned in its original packaging and accompanied by this return number. The Customer will pay the costs incurred in returning and insuring the product.
  5. The products and parts replaced under the terms of this guarantee become the exclusive property of by SIRKOM The services provided on the basis of the guarantee do not extended its effects.
  6. The present guarantee excludes all other, meaning no other warranty expressed or implied for a particular purpose.
  7. SIRKOM will not be held liable for any damages or indirect costs or any type of loss, essentially loss of profits, data and information, as well as damages and losses arising from the use or inability to use the product.

Possible return of goods

In the event that SIRKOM accepts the return of a product, this must be sent to SIRKOM in perfect condition, in its original packaging and accompanied by its return form and corresponding receipt within five (5) days of the said return form being issued. Any fault in the return procedure will lead to the non-acceptance of the returned goods and the refusal of a refund. In all cases, the transport and insurance costs until delivery to the SIRKOM warehouse will be met by the Customer.

Export Control

  1. The Customer acknowledges that the Products (*) sold directly or under user licence by SIRKOM are subject to the current export control laws and regulations of the USA and Europe. The Customer confirms that he/she will not export or re-export the products, whether directly or indirectly, or offer use of such to specific countries or end users subject to the stated legal restrictions. (Non-exhaustive list of countries currently disallowed: Cuba, Federal Republic of Yugoslavia -Serbia and Montenegro-, Iran, Iraq, Libia, North Korea and Syria).
  2. The Customer also confirms that the Products will not be sold or licensed to an end user who the Customer knows or has reason to know will utilise the Products directly or indirectly in nuclear, chemical or biological activities listed in US EAR 778.3(b) (1), (2) & (3). The Customer further states that the Products will not be destined for or used in the design, development, production or use of missiles or missile projects.
    (*) The term product signifies the product itself, and parts of such, as well as the documents supplied and associated with such.

Force majeure

The parts will not be held responsible for any problem due to circumstances beyond their control. Any contractual obligation will be delayed until the said circumstances cease. If the said circumstances last more than two (2) months, the contract may be cancelled at the request of either party without demand for any type of compensation.

Other

  1. These general conditions of sale, as well as any signed contracts, are governed by applicable legislation.
  2. The German Courts in Hamburg will have exclusive jurisdiction over any litigation regarding the interpretation or pursuance of these general conditions of sale or any contract signed with a Customer.
 
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