Terms and Conditions


STANDARD TERMS AND CONDITIONS OF SALE

1.0 Application
These terms and conditions shall apply to any contract for the sale of goods or services by Kurth Electronic GmbH and its subsidiaries. These terms and conditions represent the entire agreement between the parties on the subjects covered and supersede any prior or contemporaneous communications, representations or agreements, whether oral or written, with respect to such subject matters.  They apply to the exclusion of any others referred to in orders or contracts issued or implied by trade and customary practice, unless changes have been agreed to in writing by Kurth Electronic.

2.0 Acceptance
Acceptance of orders shall be effective when acknowledged in writing by Kurth Electronic

3.0 Assignment
The rights, duties and obligations of Buyer herein shall not be assigned or transferred unless first agreed to in writing by Kurth Electronic, such agreement not to be unreasonably withheld.

4.0 Cancellation and Returns
Orders may not be cancelled or changed by Buyer after acceptance by Kurth Electronic without prior written agreement.  Cancellation or changes may be accepted on the basis that Kurth Electronic is reimbursed for any costs, damages, expenses and loss of profit incurred as a result of the cancellation or changes. If goods are returned because of a factory error, there will be no restocking charge. If a return is for any other reason, a restocking fee may be charged.

5.0 Changes from catalog
All designs and specifications shown in Kurth Electronic´s catalogs and product brochures are subject to change without notice.

6.0 Credit
Fulfilment of orders by Kurth Electronic shall at all times be subject to the approval of Buyer´s credit.  In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency, against Buyer, or in the event of the appointment with or without Buyer´s consent, of a receiver or an assignee for the benefit of creditors, Kurth Electronic may elect to cancel any unfilled order.

7.0 Delivery
Kurth Electronic will make every reasonable effort to meet delivery dates quoted; however, such dates are not binding and are best estimates based upon current and anticipated production schedules.

8.0 Force Majeure
Kurth Electronic will not be liable for any damages attributable to delays, including loss of use or for any direct, indirect or consequential damages, due wholly or in part to circumstances it did not foresee or to causes beyond its control, including but not limited to failure in performance by suppliers or subcontractors.

9.0 Notice
Notice to Kurth Electronic must be in writing and shall be deemed given when it is received by Kurth Electronic at Kurth Electronic´s factory or distribution center.

10.0 Price
The price of each of the Products sold shall be the prevailing price established by Kurth Electronic at the time the order is accepted unless or otherwise agreed by Kurth Electronic in its quotation or by separate written Agreement with Buyer. Prices do not include state and local use, sales, value added, property, ad valorem or similar taxes, nor any costs for transportation, special packaging, insurance, duties, tariffs, permits and special inspections. Any such costs or taxes incurred by Kurth Electronic will be added to the invoice to be paid by Buyer. Delivery is ex Works Sparta, NJ. Buyer shall bear all risk or loss or damage when Products are put into the carrier´s possession.

11.0 Quotation
Quotations are valid for 30 days unless otherwise specified and may be revised or withdrawn at any time prior to acceptance.

12.0 Shortages
Claims for shortages must be made in writing ten (10) days after receipt of products.

13.0 Terms of Payment
Invoices are due and payable net within thirty (30) days from date of invoice.

14.0 Waiver
Waiver by Kurth Electronic of a breach of any of the terms or conditions of the contract of sale between the buyer and Kurth Electronic shall not be construed as a waiver of any other terms and conditions of this contract.

15.0 Warranty
The warranty period and terms of the warranty policy are specified in Kurth Electronic´s Standard Warranty Policy.