Terms & Conditions
qinematiq’s products are intended for professional use only (not consumers). The Purchaser/Lessee agrees to use, operate, maintain and store the Equipment with due and professional care, in the manner for which the Equipment is intended and in compliance with manufacturer’s specifications, any warranty restrictions, and applicable insurance requirements.
Prices & Quotes
Quotes are valid 14 days unless otherwise indicated.
Budget prices and discounts are valid for entire order or rental period only.
Unless otherwise noted accordingly, all prices are:
excl. extras, transportation, and travel costs
excl. insurance or handling
excl. additional items that are ordered at a later time
excl. additional mechanical and electronics design and waterproofing
excl. additional cabling and repairs of any damages on set due to mechanical shock, vibration or humidity
Prices and other terms are subject to change without notice. All prices are EXW. The prices of the products do not include VAT, any other sales, use, excise or similar taxes. The amount of any present or future tax applicable to the sale or rent of the products shall be paid by the Purchaser/Lessee.
When ordering goods for delivery overseas the Purchaser/Lessee may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Purchaser/Lessee.
General
Delivery dates stated by Seller are always non-binding, in the event of delay claims for damages are excluded. All delivery shall be made to carrier EXW Seller’s warehouse, and risk of loss or damage to or destruction of the purchases from and after their delivery to the carrier shall be with the Purchaser. Arrangement of insurance of products is the responsibility of the Purchaser unless specifically stated on the Purchaser’s order. When shipping instructions are not furnished, Seller will ship via the most practical route considering cost and require date of delivery. Unless specified in Purchaser’s order that shipment must be complete, Seller had the option to make partial shipments.
Terms of payment will be expressly provided herein. Unless otherwise agreed, the purchase price will become due and payable by Purchaser immediately after receipt of products or invoice, which ever is first. All products remain in property of Seller until full payment is received. Seller may require payment in advance before making any shipment. Purchaser agrees to pay Seller interest on any payments that are received beyond the payment date described herein, at a rate equal to the maximum rate permitted by law. Purchaser shall be responsible to pay any reasonable attorney’s fee should collection of unpaid invoices become necessary.
In the event of return of any products for warranty reasons or the like, the Seller must approve all returned products in writing. All transportation charges for returned products will be prepaid by Purchaser. A restocking charge may be applied. Proof of shipment will only be provided upon request and only for good business purposes.
Unless otherwise stated in writing, Seller assumes no responsibility for collection of loss or damage claimed. Purchaser is responsible to file any claims for loss, pilferage, or damage in transit with the carrier from which shipment is received.
Seller warrants that at the time of delivery from Seller’s warehouse the products supplied will be free from defect in material and workmanship. The warranty period will be 12 (twelve) months starting at delivery of the product according to EXW Seller’s warehouse (Incoterms). Seller has the option to repair, adjust or replace its product or service proved to be defective at time of delivery. In such an event Purchaser shall not have the right for price reduction or annihilation of this agreement. Seller shall in no event be liable for any injury, direct or consequential, arising out of the use of or the inability to use the product. Before purchasing the product, the Purchaser shall determine the suitability of the product for his/her intended use, and Purchaser assumes all risk and liability with use of the product. Liability for defects is excluded if faults, impairment of serviceability or damage are caused by: the products delivered by Seller have been repaired or processed by any third party; the serial number, manufacturing marks or other signs the products have been permanently marked which have been removed, changed or made unrecognizable; a different software is used for devices; defects caused by normal wear and tear, accidents or improper handling.
Notwithstanding anything to the contrary contained herein, in no event shall Seller have any liability to Purchaser for any special, indirect, incidental, or consequential damages for any reason whatsoever relating to or arising out of the subject of these Terms and Conditions (including, but not limited to, Purchaser’s order). Liability in all cases is restricted to the amount of the purchase price. Any further liabilities in all cases are excluded. Spare Parts ordered may be new or remanufactured.
Seller will make every reasonable effort to complete shipment when indicated, but shall not be liable for any loss or damage, delay in delivery, or failure to deliver due to causes beyond its reasonable control including, but not limited to, acts of government or compliance with any government rules or regulations, acts of God, acts of civil or mandatory authorities, acts of purchaser, strikes, riots, war or inability of Seller to obtain necessary materials, components, service or facilities. Should a delay occur due to a force majeure event, Seller will be released from its obligations under the agreement and may reasonably extend delivery or production schedules or, at its option, cancel the order in whole or part without liability other than to return any unearned deposit or prepayment.
Neither party may assign any rights of obligations under this agreement without the written consent of the other Party. This agreement shall be governed by and interpreted in accordance with the laws of Austria, without giving effect to conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the competent courts of Vienna, Austria for any and all disputes arising out of or in connection with this Agreement.
