Terms and Conditions as of 3rd April 2018

I. General

The following conditions apply to all business transactions with our customers. Our terms and conditions apply for all our sales and deliveries, and we do not recognise other terms and conditions, unless explicitly approved by us in writing prior to sales. All agreements reached between ourselves and the customer must be in writing.

II. Pricing and Shipping

1. Our prices are in Euro excluding taxes and VAT is applied according to the tax laws applicable at the time of invoicing. Unless otherwise agreed, our prices are exworks, excluding costs for packaging and shipping. Prices are subject to change without notice.

3. We ship orders at expense and risk of the customer. If the customer requests the shipment to be insured, this must be communicated in writing prior to shipment. Insurance and any other additional costs for shipping will be at the expense of the customer.

III. Payment

1. Invoices are to be paid in full with no deductions according payment terms set forth in our order confirmation and invoice. We do not recognise payment terms stated in purchase orders if they conflict with our order confirmation or invoice.I

2. We reserve the right to hold shipments and request advance payment even if the payment terms in the order confirmation state otherwise, if the customer has delayed or overdue payments from prior sales.

IV. Delivery

1. Delivery dates are not binding and are subject to change based on unexpected circumstances, unless explicitly agreed with the customer in writing as binding.

2. Delivery times start after conditions stated in the order confirmation are met. Examples include, but are not limited to: approval of technical drawings, making payment fully or partially as stated in payment terms, etc.

V. Consignments

We do not provide consignments for demo or other purposes free of charge.

VI. Claims

Upon delivery, customers must inspect the received goods, and in case visible defects are detected, they must report it to us within 14 days after the receipt of the order. Claims for non-visible defects can be reported within the entire warranty period. For details, see Warranty section.

VII. Warranty

1. The warranty period is one year and covers only manufacturing defects. None of our products comes with a guarantee to accomplish certain tasks, unless explicitly agreed upon with the customer in writing prior to sales. It is solely at the customer’s discretion how to and for what purposes to use the product and Gisstec accepts no liability or claims regarding and as a result of the use of the product.

2. Usage or installation errors along with any other errors made by the customer are not covered by warranty.

3. If an inspection should be necessary to determine if a case is covered under warranty, the customer can return the item to Gisstec for inspection at their cost. Should it be determined to be a warranty case, Gisstec shall credit the shipping costs to the customer.

4. Technical details on our brochures, catalogs, websites and any other media may not be up-to-date or might include typos, or print or publication errors and as such they come without guarantee. It is the customer’s responsibility to verify any technical details that is critical to their application prior to sales. Gisstec does not accept any claims or liabilities that might result upon using the mentioned data without written verification with us.

5. In case of manufacturing defects, we reserve the right to choose to either rectify the defects or deliver a substitute, unless otherwise agreed explicitly in writing prior to sales. If two attempts at rectifying the defects or delivering a substitute fail, the customer has the right to demand a reduction in price or cancel the sales contract.

6. Gisstec’s decision to determine a warranty case is final and by purchasing Gisstec products the customer agrees to accept Gisstec’s decision as a result of the inspection.

VIII. Returns

We sell exclusively to commercial customers that are legal entities. All sales are final and not eligible for returns, unless Gisstec made an erroneous shipment.

IX. Export

The customers confirm that if they resell Gisstec products, they comply with all provisions and regulations of German and international export controls as well as any relevant local or national laws.

X. Applicable Laws

Laws of the Federal Republic of Germany are applicable exclusively.

Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Any cases of dispute shall only be resolved in courts in Düsseldorf, Germany.

XI. Validity

Invalidity of any portion or section of these terms & conditions does not invalidate the rest of the terms & conditions.