Page 1172 - A.J. Kitchen & Service
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Fagor Industrial                                                                                                   Foodservice | Annexes







            Terms and conditions of sale




            01.                                                                                                                    06.
            Prices                                                                                                                 Delay


            All prices included in our invoices are in euro, net ex works. Prices exclude delivery, unloading, positioning or installation.  Time for performance by the Manufacturer is given in good faith, as accurately as possible, but is not to be the essence of the contract. The
                                                                                                                                   Customer shall have not right to damages or to impose penalties in the event of late delivery by the Manufacturer or his clients, or to cancel the
            02.                                                                                                                    order or the contract for delay from any causes unless agreed in writing by the Manufacturer.
            Transport
                                                                                                                                   Delivery terms are merely indicative and subject to FAGOR production times. Delays do not entitle to any refund or liability whatsoever.

            Goods are freighted under buyer’s responsibility.
            Delivery is free on truck: unloading not included.                                                                     07.
            Complains: goods are freighted under insurance coverage. It is clients’ task to check goods for damages upon delivery.  Cancellation and restocking
            Complains not related to transportation must be sent within 5 days from goods reception.
            Besides above mentioned cases, goods received with signature on shipping bulletin are accepted henceforth.             The Manufacturer at its absolute discretion may agree to the return of goods by the customer provided that the goods are returned at the
                                                                                                                                   customer expense, in the same condition and in the original packing.
            03.                                                                                                                    Any goods agreed by the Manufacturer as acceptable for return for any reason, excluding faulty goods, will be subject to a restocking charge of
                                                                                                                                   35 % of the net invoice value.
            Packing
                                                                                                                                   7-1. Orders can not be cancelled if the have been confirmed and accepted in writing , specially tailor made equipment.
            Standard packing is included in the present prices. Other packing will be quoted separately.                             We’ll consider any order confirmed if we don’t receive any negative reaction in 24 hours from our confirmation date.

            04.                                                                                                                    7-2. Fagor Industrial will only accepted any cancellation as follow :
            Guarantee                                                                                                              - If the dealer´s cancel is before goods have left our warehouse a 50.00 € charge, net, per item will be made to cover our administration and
                                                                                                                                     logistics cost.
                                                                                                                                   - If the dealer´s cancel is after goods have left our warehouse, a charge of 20 % of invoice value will be charge plus an abortive delivery charge if
            We warranty all our products against manufacturer fault during ONE YEAR from manufacturer or expedition date.            it is necessary .
            The faulty parts will be replaced with an ex-works delivery.                                                           - If the goods had been unpacked, a minimum of 25 % of invoice value will be charge only for this concept.
            We shall not obliged to replace any goods or make any allowance or other arrangement if the defect has arisen from accident, misuse, neglect,
            incorrect installation, or any other cause beyond our control.                                                         08.
            Where the defect is reasonably attributable to the fault of the manufacturer, the Manufacturer shall replace or repair the defective goods but shall
            not be liable for any cost of removal of the defective goods, or of the installation of replacement or any consequential loss or damage arisen   Payments
            there from.
            The manufacturer´s liability shall be limited to the repair or replacement of materials and components manufactured by us.  The payments will be made on time, even if the transport, the setting in service or the reception of the installation are delayed or canceled by
            Where goods and components supplied by us are not of our´s design and manufacture, the liability shall be limited to the guarantee provided by   reasons that are not attributable to us.
            the manufacture of such goods and components.
                                                                                                                                   09.
            05.                                                                                                                    Arbitration
            Publications

                                                                                                                                   The Parties should try to settle any disputes and differences which can arise by negotiations. If the parties will not come to agreement, the arisen
            Right of new developments and technical modifications reserved.                                                        dispute will be submitted for consideration to a neutral Court as it is The International Commercial Arbitration court of Paris, the arbitrator would
            Prices and article numbers subject to change without notice.                                                           also know and speak English and Spanish.
            This price list supersedes all earlier list.
            Specifications :
            Some previous considerations have to be mention here than before were not indicated because we had consider as obviously clear for every one.
            The technical descriptions of our machines trying to give a description of the main characteristics, nevertheless the revisions of the industrial
            process could produce modifications of any of these values.
            Fagor Industrial have the right to introduce the modifications that could consider necessary if they not modify the main characteristics and
            requirements of the machine .
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