TECHNOCRANE s.r.o.
TERMS AND CONDITIONS
- These terms govern the sale of goods between TECHNOCRANE s.r.o. and
the Buyer (“Buyer”). This document acknowledges receipt of
the Buyer’s order by TECHNOCRANE s.r.o., and confirms the sale of
product evidenced by the invoice as expressly conditioned on the
Buyer’s acceptance of the terms and conditions set forth herein.
- PRICES – All published prices are subject to change without
notice. Written quotations shall expire thirty (30) calendar days from
the date of quotation. Unless otherwise specifically stated, prices are
in EURO.
- TERMS OF PAYMENT -
- Deposits – Buyer must make a deposit equal to the amount
specified by TECHNOCRANE s.r.o. in the acknowledgment of order,
typically 10% of the order value (excluding any tax, freight, duties,
import tax and delivery charges).
- Standard Payment Terms – All orders must be paid in full
prior to shipment via wire transfer.
- Balance Payments – Buyer must pay the full remaining balance
of the invoice before order will be processed for shipment.
- DELIVERY – All product shipments shall be made “ex
works” (Incoterms 2000) from the TECHNOCRANE s.r.o. facility in
Plzen, Czech Republic, at which time title and risk of loss shall pass
to the Buyer. In the absence of specific shipping instructions from the
Buyer, TECHNOCRANE s.r.o. will ship by the method it deems, in its
soles discretion, most advantageous. Transportation charges will be
collected prior to shipment. Unless otherwise indicated, Buyer is
obligated to obtain insurance against damage to the product being
shipped. Unless otherwise specified, products will be shipped in
standard commercial packaging.
TECHNOCRANE s.r.o. shall use reasonable efforts to notify Buyer of any
anticipated delays in delivery. TECHNOCRANE s.r.o. will not be liable
for any loss, damages or penalty resulting from delay in delivery.
- RESTRICTIONS ON USE - Buyer will not cause or permit any reverse
engineering of TECHNOCRANE s.r.o. products.
- WARRANTY - TECHNOCRANE s.r.o. warrants all products will be of good
quality and workmanship and free from material defects. Upon the
expiration of the time periods identified below, all liabilities of
TECHNOCRANE s.r.o. will terminate. In no event shall TECHNOCRANE s.r.o.
be liable for consequential damages.
- Standard Warranty – A Standard Warranty is granted to the
original purchaser for a period of one (1) year, parts and labor, for
the products. The Standard Warranty covers parts and labor charges for
products that have been returned pre-paid shipment to TECHNOCRANE
s.r.o..
A Standard Warranty effective date is the date of “ex
works” from Plzen, Czech Republic.
TECHNOCRANE s.r.o. warranty does not include products that have
defects or failures resulting from; (a) alterations, modifications or
repairs by Buyer or (b) accident, disaster, neglect, abuse, misuse,
improper handling by the Buyer. This includes, but is not limited to:
water damage, droppage, modification to the crane or use of
non-TECHNOCRANE’s cables. Breaking the seal on covers is
prohibited and voids any and all warranties.
TECHNOCRANE s.r.o. products are compatible with TECHNOCRANE’s
software, TECHNOCRANE’s parts, and TECHNOCRANE’s products
only. Use of any software, parts, or products other than
TECHNOCRANE’s or TECHNOCRANE’s approved software, parts,
and products voids any and all warranties.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, TECHNOCRANE s.r.o. MAKES NO
WARRANTIES, CONDITIONS, REPRESENTATION OR TERMS, EXPRESS OR IMPLIED,
WHETHER BY STATUE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE
TECHNOCRANE s.r.o. PRODUCT OR ANY COMPONENT THEREOF, INCLUDING BUT NOT
LIMTED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION,
MERCHANTIABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. TECHNOCRANE s.r.o. DOES NOT WARRANT THE PERFORMANCE OR RESULT
OF THE TECHNOCRANE s.r.o. PRODUCT.
THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE THE REPAIR, REPLACEMENT,
OR CREDIT FOR DEFECTIVE PARTS AS STATED ABOVE. THIS WARRANTY IS THE
SOLE WARRANTY GIVEN BY TECHNOCRANE s.r.o. AND IS IN LIEU OF ANY OTHER
WARRANTIES EITHER EXPRESS OR IMPLIED. THIS WARRANTY EXTENDS TO THE
BUYER AND IS NON-TRANSFERABLE TO OTHER THIRD PARTIES.
- Non-Warranty Repair – Product that no longer qualifies for
Warranty Repair may be sent by pre-paid transport to TECHNOCRANE
s.r.o. for an evaluation. TECHNOCRANE s.r.o. will provide a quotation
for the repair of the product. The Customer is responsible for all
costs associated with such a repair and shipping costs. Any repaired
or replaced product shall be warranted for 6 month after it is
received by Buyer. Only the components that were repaired or replaced
will be eligible for the 6 month period.
- LIMITATION OF LIABILITY - IN NO EVENT SHALL TECHNOCRANE
s.r.o. BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE,
INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE OR PROFITS. IN NO EVENT SHALL TECHNOCRANE’S
LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, ACONTRACT
CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO TECHNOCRANE s.r.o. FOR
SUCH PRODUCT. IN ADDITION, IN NO EVENT SHALL TECHNOCRANE’S
LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS ORDER
EXCEED 100,000.- EURO (ONE HUNDRED TAUSEND). IN NO EVENT WILL
TECHNOCRANE s.r.o. BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS BY BUYER. IN NO EVENT SHALL TECHNOCRANE s.r.o. BE LIABLE FOR
DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH
HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY
CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET
FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUR OF OR
RELATED TO THIS AGREEMENT.
- INDEMNIFICATION - Buyer shall indemnify, defend, and hold
TECHNOCRANE s.r.o. and TECHNOCRANE’s officers, agents and other
representatives harmless from all demands, claims, actions, causes of
actions, proceedings, suits, assessments, losses, damages, liabilities,
settlements, judgments, fines, penalties, interest, costs and expenses
incurred (including fees and disbursements of legal counsel) of every
kind (i) based upon personal injury or death or injury to property to
the extent any of the foregoing is proximately caused Buyer’s
misuse of the product or by the negligent or willful acts or omissions
by the Buyer, or (ii) based on any breach of this agreement by Buyer.
- PROPRIETARY INFORMATION - TECHNOCRANE s.r.o. retains for itself all
proprietary rights, including without limitation all patent, trademark,
trade secret, copyright and other intellectual property rights in and
to all TECHNOCRANE s.r.o. designs, manufacturing processes, engineering
details, and other data pertaining to any product sold. The products
are offered for sale and sold by TECHNOCRANE s.r.o. on the condition
that such sale does not convey any right, express or implied, stated or
otherwise, under any intellectual property or manufacturing process.
TECHNOCRANE s.r.o. expressly reserves all intellectual property rights
in the product.
- LAW GOVERNING AND EXCLUSIVE JURISDICTION - This Agreement is to be
interpreted in accordance with the laws of the Czech Republic. The sale
of any TECHNOCRANE s.r.o. product to Buyer is considered to have taken
place in Plzen and shall be governed by this Agreement. Exclusive
jurisdiction for any dispute arising from the terms and conditions of
this Agreement shall Czech Republic and both Buyer and TECHNOCRANE
s.r.o. waive all rights to have a dispute brought elsewhere.
- SEVERABILITY - If any of the terms and conditions of this
Agreement are held to be invalid under any applicable statute or rule
of law, they are, to that exte
