TERMS OF SALE/CONDITIONS OF SALE

Terms of Sale / Conditions of Sale

General Observations

Illustrations
The illustrations in this catalogue show the apparatus, accessories and supplies in the form in which they were produced at the time of publication of this catalogue. We reserve the right to alter or improve upon the equipment without notice in order to keep pace with the continuous developments and modifications being made by the manufacturers. The illustrations may, therefore, vary to some extent from the actual equipment received.

Descriptions and Weights
Painstaking care has been taken with the accuracy of the descriptions in this catalogue. Minor alterations or improvements will not be mentioned in quotations or order confirmations - only completely new designs or methods of operation will be detailed. If the particular catalog item in question has become obsolete, we reserve the right to substitute a corresponding or otherwise improved model of the equipment requested. Details of such replacements will be provided as addenda to this catalog as soon as possible. All stated weights and shipping volumes are approximations; exact data can be only provided on special enquiry.

Accuracy of Terminology and Technical Data
Despite the utmost of care, we cannot rule out the possibility that mistakes have occurred, largely due to the problem of translating scientific terms and data from German into English. Any liability on account of such errors and omissions cannot be accepted.

Order Procedures and Terms of Supply

Order Procedures

Inquiries, Specifications
Please indicate with your enquiry or order the catalogue number of the items desired with the required quantity, brief description from the text that appears in bold letters and state, where applicable, your local mains current and frequency if other than given in our catalogue. Kindly observe that in certain cases we have provided options by combining catalogue numbers, quoting surcharges, or by adding certain suffixes. Wherever applicable, you should also provide additional information such as general climatic conditions, maximum, minimum and average temperatures, humidity, altitude and the like, prevailing at the site where the equipment is to be installed. If, after receiving the basic equipment, you wish to order spare parts for it, you should include both the serial number of the equipment and its original order number with your new order.

Quotations and Pro-Forma Invoices
On receipt of your enquiry a pro-forma invoice will be submitted, containing the catalogue number, brief description and current prices in euros. If desired prices, including seaworthy packing, delivery FOB any European Port or C&F or CIF any major overseas port will be quoted. All quotations are submitted under the reservation that errors and omissions are excepted (E. & 0. E.).

Currency
Whenever quotations or pro-forma invoices indicate prices other than in euros, the basis for which the equipment is sold remains the place of the said equipment in euros, converted at the rate of exchange prevailing on the day on which the quotation was issued and as mentioned in the quotation.

Validity of Prices
Our quotations and Pro-Forma invoices are valid for 60 days from the date of issue unless otherwise stated. Orders received after the 60-day period are subject to confirmation that the prices still apply.

Our customers should please bear in mind that the more time that elapses between the date of quotation and final confirmation of an order, the greater the possibility that unforeseen circumstances may cause a delay in delivery and an increase in prices.

Final Order and Payment
Final order will be made by indicating acceptance of our pro-forma invoice and by arranging for transfer of funds or the opening of an irrevocable and transferable letter of credit, opened and confirmed through our bankers, to reach us before the 60-day period of validity has expired. Each final order should be accompanied by complete shipping instructions and details of supporting documents which are required to meet import regulations in your country.

A letter of credit should be provided with 2 months’ validity in addition to the time of delivery shown in the quotation to allow for the period required for passing the letter of credit on to us through banking channels and for unavoidable delays in obtaining shipping space on steamers.

Other methods of payment may be suggested when asking for our current price quotations. We shall examine the possibility of accepting such terms in each case and shall advise accordingly.

All orders executed by us are subject to the Conditions and Terms of Sale listed on this page which constitute the basis of all transactions with KARL KOLB GmbH & Co. KG, its directors, delegates, and agents, unless otherwise agreed upon and specifically accepted in writing.

Minimum Orders
Low value orders are costly both to you and to us. We, therefore, require a minimum order value of 1,000 euros for each shipment to maintain economical prices. To ensure their availability to customers, we have excluded spare parts orders from this rule. However, we reserve the right to invoice the sum of 150 euros as a handling charge for such small orders if they require considerable documentation and banking charges for their execution.

Delivery and Shipment

Time of Delivery
Depending on the size and nature of the order, the time of delivery may range from two weeks to three months or more. The effective time of delivery normally stated in our quotations is to be understood as being ex-factory. It is always subject to conditions beyond our control and does not begin until final order acceptance and receipt of L/C by our bankers.

Shipping Instructions and Shipment
Please specify in the order how the goods are to be shipped - by land, sea, or air. Small orders or part-deliveries may be shipped by parcel post. Rush orders should specify dispatch by air freight. Requests for shipment with any particular air or shipping line will normally be honored; but we must reserve the right to ship with lines other than those prescribed if this should prove necessary for such good reasons as impending expiration of an L/C, or lack of space on vessels of these lines. Charges for sea freight and air freight are always calculated for the shortest route. Should for any reason such routes become closed, and/or surcharges be levied by carriers, such additional freight charges must be paid by the buyer. This condition holds true for land transportation and closure of ports as well. Having specialized in supplying more than 90 developing countries for over three decades, our experienced staff takes the greatest care in meeting all conditions regarding shipment and the preparation of shipping documents. Your government regulation requirements, conditions regarding inspections, certifications, consular invoices etc., as specified in your orders will be meticulously observed. In the absence of any special instructions, we shall use our best judgment to route shipments, taking account of the most economical dispatch method for the particular nature of the commodity.

Part-Shipments
It is strongly recommended, particularly with larger orders, that part-shipments be permitted, as the delivery times of individual items in a widely assorted order may vary considerably.

Force Majeure
After orders have been confirmed, they may be subject to all causes of force majeure, such as acts of God, technical difficulties, strikes, lockouts, wars and consequences of war, civil unrest, bankruptcy of manufacturers, transportation difficulties, and other similar events beyond our control. We cannot accept any liability for these.

Delay of Shipment
If, for any reason beyond our control, shipments are delayed for more than one month due to e.g. force majeure, closure of ports, lack of shipping space or, in case of delays, due to the buyer's non-compliance with the accepted terms of supply, all charges caused by these events, plus interest of 1% per month are to be paid by the buyer.

Packing
Adequate packing, commensurate with the method of shipment, will be provided. Requests for special packing should be stated in the order. It should also be indicated if import duty is to be levied on the gross weight of the shipment including packing; in such cases packing that is lighter in weight but providing adequate protection will be used.

Packing of Chemicals
Many chemicals and gases, being hazardous, must be shipped on deck. Thus with all such orders the covering Letters of Credit must provide permission accordingly.

Limitation of Liability

Breakage, Loss or Shortage
While all due care is taken in packing, there is always some danger of breakage in shipments to overseas countries due to rough handling. In compliance with the international terms of insurance, shipments are to be examined promptly after receipt and, in case of claim, the authorized surveyor is to be called and his report must immediately be sent to us or the customer's insurance company.

Insurance
Shipments will be insured only if specifically requested in the order. We shall be glad to arrange insurance coverage in euros against normal risk, including breakage, at current rates; war risk coverage may also be requested. Attention to the terms of the insurance certificate is necessary; KARL KOLB will accept no liability whatsoever for losses normally covered by marine insurance, or for non-settlement of claims by the insurance company due to the customer's failure to comply with the conditions of the insurance. If insurance coverage for domestic shipments from the port of destination is desired, this should also be indicated in the order.

Claims
Claims of any nature must be made to us in writing within four weeks of the goods arriving at the customer's warehouse. Claims made after this period cannot be entertained.

Exchange of Goods
If, through any fault of our own, the buyer receives goods shipped by mistake which he did not order, we shall undertake to exchange these goods promptly. However, it is the buyer's responsibility to ascertain that the articles ordered will meet his particular purposes, as we cannot accept any responsibility for this. Returns can only be accepted for credit if this has been explicitly agreed upon beforehand.

Climatic Conditions
Equipment listed in this catalogue is designed for use in temperate climates, and calibrations are accurate for temperatures between 15°C and 20°C, unless otherwise stated. If other climatic conditions prevail this should be explicitly stated with the order, as otherwise the proper functionality of the equipment cannot be guaranteed.

Liability
Instruments, apparatus and machines are used entirely at the risk of the buyer or operator. No responsibility whatsoever for any damage caused to persons or property resulting from possession or use, correct or incorrect, can be accepted.
The buyer agrees to hold and save free KARL KOLB, Dreieich, its agents, employees and directors from all claims arising out of or in conjunction with the purchase, possession, testing, use, or transportation and storage of all instruments and equipment acquired through KARL KOLB, its agents, employees, directors or delegates.

Arbitration and Applicable Law
Any disputes arising from contracts or orders will be settled in accordance with the rules of conciliation and arbitration of the International Chamber of Commerce. Contracts and orders will be governed by German law and the seat of the competent court is to be Frankfurt am Main.

Guarantee and Service Facilities
All equipment is delivered under the standard guarantee conditions entered into by the respective manufacturer. The guarantee period begins at the time the equipment leaves the factory for shipment. Installation, service, and instrument maintenance will be provided by us through our own service engineers stationed in service centers located in several countries all over the world. Please ask for the service conditions that apply to your country and the facilities we are in a position to provide in your area.