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Disclaimer Notification

All information available on this web site is the property of Abatek Group is protected by copyright and other intellectual property laws.

Any information obtained through this service may not be reproduced or distributed in any way or form. The information available on this web site is considered confidential and only for personal use. For any use outside the company, the users must have written permission from Abatek Group - Management.

The information is correct and certified true at time of preparation. Abatek Group  reserves all rights to modify and change the technical aspects of the manufacturing process as new technology becomes available and according to customers need.

 

General terms and conditions for deliveries and services provided by Abatek International AG Abatek , Grindelstrasse 12, CH-8303 Bassersdorf, Switzerland

 

1. Scope

1.1 For business dealings between Abatek International AG (ABATEK) and the buyer (buyer or client), the following terms and conditions apply exclusively. Other terms and conditions are only recognised by ABATEK when agreed upon explicitly and in written form (with a mutually signed letter, by post, by facsimile or by e-mail).

1.2 The terms and conditions are effective from 1 January 2008.

 

2.  Conclusion and Content of Contract

2.1 The range of deliveries and services provided by ABATEK is stipulated in the confirmation of an order and its annexes. The contract is considered as concluded when a written confirmation of order issued by ABATEK is available to the client.

2.2 ABATEK is entitled to charge a flat rate of EUR 1,500.-/day for consultancy if no order of tools and/or parts follows a consultation.

 

3. Rates / Payment, Delay of Payment

3.1 ABATEK rates are understood as prior to value added tax (VAT). VAT is billed additionally to the amount prescribed by law.

3.2 If nothing else has been agreed upon, the conditions apply ex works (EXW) from the warehouse in Gottmadingen/Singen, Germany.

3.3 Minimum order quantity is EUR 500.-. If the order falls below EUR 500.-, a flat rate of EUR 500.- is billed.

3.4 Payments are to be made without deduction. A cash discount requires a separate agreement. Expenses to the calling of money which, for instance, was paid by bank transfer, cheque or bills of exchange, are billed to the client. Invoices by ABATEK are to be paid 30 days after issue (expiry date). On exceedance of this period allowed for payment, ABATEK will charge an interest on late payments of 8% per year, without necessity of prior notice.

3.5 ABATEK is entitled to demand appropriate instalments including their legally applicable VAT.

3.6 In case of significant aggravation of the economic affairs of the buyer occurring after the conclusion of the contract and in case of founded doubts about the buyer's solvency, ABATEK  reserves the right to withhold its deliveries and services until the buyer has made all payments in advance or until the buyer has provided appropriate security.

 

4.  Delivery / Delivery Date

4.1 Delivery dates are only recognised as binding when explicitly and in written form confirmed by ABATEK.

4.2 The delivery is considered fulfilled on the part of ABATEK when the quantity delivered amounts to +/- 5% of the quantity ordered. The quantity actually delivered is invoiced.

4.3 Partial delivery is allowed in default of an explicit differing agreement.

4.4 Compliance with delivery and service dates requires due fulfilment of all obligations to cooperate on the part of the buyer. This includes in particular delivery of documents and information to be delivered by the buyer and prior clarification of all technical details. The time for delivery starts not until these conditions are fulfilled.

4.5 Delay in delivery and services due to the following causes are not covered by ABATEK, even if the deadlines are binding. The same applies when the delays occur with one of ABATEK's suppliers or their respective suppliers: fortuitous events, events that could not be predicted by ABATEK and other events not owing to ABATEK that occur after the conclusion of contract and that are through no fault of ABATEK's unknown at the moment of contract conclusion. Such acts may be major operational breakdowns, machine defects, accidents, delayed or faulty raw material supplies, strikes, obstacles to transport, war or natural catastrophes. ABATEK informs the client of such delays on deliveries and services as soon as possible.

4.6 For EXW deliveries, the goods are considered delivered when the client is informed of the availability of the goods. For all other deliveries, the delivery time is considered met when the goods are delivered to the client by ABATEK's contracted carrier.

4.7 The buyer is only eligible to claim compensation for delayed delivery if the following conditions are fulfilled: In case ABATEK fails to keep an agreed delivery date (cf. para. 4.1, 4.4, 4.5, 4.6) the buyer has to put ABATEK in delay in written form and has to appoint a reasonable extension of time for delivery. If this extension of time elapses without delivery by ABATEK and the buyer can prove that the delay was caused deliberately or wantonly negligently by ABATEK and no free compensation delivery was made, he can claim compensation due to delayed delivery. The compensation can under no circumstances exceed 5% of the value of the goods. Per delayed week, a flat rate of 1% of the value of the goods is compensated. In case of a delay of a part-delivery, compensation is calculated on the basis of the value of the delayed part delivery. Entitlement to compensation is forfeit if the buyer does not claim it in written form within six months of the agreed delivery date.

4.8 If the buyer falls behind because he does not assume the delivery by ABATEK's contracted carriers or ¬ in case of an EXW delivery ¬ because he does not collect the delivery within 20 days of the announcement of the availability of the goods, ABATEK has the right to claim immediate payment of the delayed delivery and store it at ABATEK at the buyer's charge. On expiry of an appropriate extension of time, ABATEK reserves the right to dispose of the delivery, to set a new extension of time for the buyer to collect the goods, to resign from the contract, or to claim damages for non-performance. The buyer has to take on the costs for a repeated delivery by ABATEK's contracted carrier.

 

5.  Title and Risk

Title and risk of the deliveries pass to the buyer according to the rules of the International Commercial Terms (Incoterms 2000 of the International Chamber of Commerce ICC). Under EXW delivery (para. 3.2) title and risk pass to the buyer at the moment of handing over the goods to the carrier.

 

6.  Tools

6.1 ABATEK assumes the production of tools necessary to fulfil the contract. The buyer commits to providing the appropriate specifications. ABATEK commits to adhere to the given specifications as far as possible from a technical point of view.

6.2 ABATEK commits to sending an agreed number of samples with a test report to the buyer upon finishing the production of the tool. Within 4 weeks on receipt of the samples, the buyer must give approval to the samples or provide a written notification of defects. If ABATEK does not receive notification of the buyer within 4 weeks, the tool is considered approved.

6.3 The costs for producing the tools are invoiced at the delivery of the samples. Payment to be made 30 days from date of invoice.

6.4 The tools produced for the buyer are exclusively used for his delivery. The tools remain in the hands of ABATEK or one of its specific partners, but are owned by the buyer. General and project-specific production knowledge is considered a trade secret and remains in ABATEK's ownership.

6.5 On production of a tool commissioned by the buyer, ABATEK specifies the maximum product life. On expiration of the ABATEK maximum product life, ABATEK refuses liability for possible quality defects. ABATEK reserves the right to refuse orders for parts of tools whose product life has expired or to add additional expenses to the production costs.

6.6 The maximum product life of a tool is seven years or 120,000 shots when used regularly; exempt from this rule are all differing maximum product lives guaranteed by ABATEK in written form.

6.7 Modifications of tools due to altered specifications on the part of the buyer are at the buyer's expense.

 

7. Warranty

7.1 Complaints concerning quality defects must be made immediately but no later than within 5 days of receipt of the goods or their allocation. Hidden defects must be indicated immediately but no later than within 5 days of their discovery.

7.2 Notification of defects must be made in detail and in written form. Objectionable parts must be made available to ABATEK for clarification of the causes. Return consignment of the entire delivery or its destruction/disposal and the assumption of the related costs require written consent by ABATEK. ABATEK is only liable for defects of delivered goods that are demonstrably ascribed to poor or improper processing or deviation from the buyer's specifications. ABATEK is not liable for defects that are caused after transfer of perils and/or due to improper usage.

7.3 If the buyer claims a defect that cannot be ascertained by ABATEK, he is obligated to compensate for damages that in-curred by ABATEK as a result of the notification of defects.

7.4 If the buyer does not notify ABATEK in written form of defects within the above mentioned terms, he forfeits the right to defects cured as well as all other rights due to defect.

  • Replacement delivery of faulty parts at no charge.
  • Repair/overhauling of defective parts of the delivery.
  • Assumption of costs for selecting (sorting) faulty parts of the delivery.
  • Assumption of costs for disposal or destruction of faulty parts. ABATEK reserves the right to either make a replacement delivery or to repair/overhaul the faulty parts.

'7.6 On failure or impossibility of a rectification of defects or of a replacement delivery, the buyer is entitled to claim abatement of purchase money or rescind the contract.

7.7 Warranty is 12 months as of the delivery date. On expiry of this term, the buyer's rights due to defect are forfeit

 

8. Disclaimer

8.1 All cases of breach of contract and their legal consequences as well as all claims of the buyer, no matter what their legal basis may be, are exclusively governed by these General Terms and Conditions. In particular all claims for compensation, reduction of price or dissolution of the contract, that are not expressly mentioned herein, are excluded. In no event the buyer has any claims for compensation of damages not to the delivered product itself, in particular production breakdown, loss due to usage, lost contracts, loss of profit, loss due to the use of faulty parts on the part of the buyer, application problems that are ascribed to wrong measurements, inadequate or improper dimensions and/or a construction or a design specified by the buyer, as well as other direct or indirect damages.

8.2 ABATEK is only liable for intent or gross negligence.

8.3 When ABATEK delivers parts with designs or patterns, the buyer must make sure that ABATEK's production and delivery of the parts does not breach the copyright of a third party. The buyer is liable for all damage that results from such an infringement of a copyright.

 

9.  Plans, Drawings and Electronic Data

9.1 The plans, drawings and electronic data handed over from one party to the other remains ownership of the giving party. Both parties are mutually committed to keep such plans, drawings and electronic data secret, not to reveal them to third parties and only use them within the scope of the agreed project.

 

10. Venue / Applicable Law

10.1 The regular courts of the Canton of Zurich shall have jurisdiction over disputes arising from the contract. The exclusive venue shall be the registered office of ABATEK. However, ABATEK is entitled to take action against the buyer also at the buyers registered office.

10.2 For all rights and duties resulting from the contract between ABATEK and the buyer, substantive Swiss Law excluding the United Nations Convention on Contracts for the International Sale of Goods is applicable.

 

11. Final Clause

11.1 If a clause of these general terms and conditions or a clause in relation to other agreements made by the buyer and ABATEK becomes invalid, the validity of all other clauses or agreements is not affected. The invalid clause is to be replaced by a valid clause that approximates the invalid clause as much as possible.

11.2 In case of a disagreement on these general terms and conditions due to linguistic ambiguities, the German version (Allgemeine Geschäftsbedingungen für Lieferungen und Leistungen der Firma Abatek International AG) is applicable.

 

 

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Abatek Main Offices

Abatek International AG

Grindelstrasse 12

CH-8303 Bassersdorf, Switzerland

Phone +41 44 843 11 11
Fax +41 44 843 11 12
email saleseurope@abatek.com


Abatek (Americas), Inc.

2855 Premiere Parkway

Suite B

Duluth GA 30097, USA

Phone+1-678-684-5400
Fax+1-678-684-5428
email salesamericas@abatek.com


Abatek (Asia) Co., Ltd.

946 Export Processing Zone

Bangpoo Industrial Estate

Samutprakarn 10280, Thailand

Phone+66-2-729-9100
Fax+66-2-729-9101
email salesasia@abatek.com


more offices in Asia