Customers' conditions that may differ from these are not valid unless they are explicitly acknowledged by HAWK as part of the contract.
Sale and delivery of all products by Hangzhou HAWK Optical Electronic Instruments Co., Ltd. (hereinafter referred to as "HAWK")
abroad shall be exclusively made on the basis of these General Terms and Conditions of Sale.
Individual agreements reached between the parties shall remain unaffected by these Terms and Conditions.
By placing an order, the business partner subjects to our General Terms and Conditions of Sale. These General Terms and Conditions of Sale are part of each contract entered into between HAWK and its customers.
Our offers shall be non-binding unless they are expressly marked as binding. Oral or written orders shall be deemed to be accepted by us
upon the issuance of our written order confirmation or upon our delivery within an appropriate period.
Statements in advertisements, catalogues and other types of marketing materials as well as appendices to our offers, such as photos, drawings, statements of weight or dimension, description of performance or qualities, as well as other information regarding our products and services shall be understood to be approximate, unless we have declared them specifically in our offer to be agreed upon qualities of or products and services.
The descriptions in our offers of the contractual qualities shall not constitute a guaranty of these qualities unless they have been expressly identified as a contractual guaranty.
All information uses in HAWK's prospects, catalogues, technical documentation and price lists are subject to change and non-binding without explicit written agreement.
We expressly reserve the right to modify the items ordered and delivered, particularly with regard to material and workmanship, in the interest of technical development.
Our liability for the infringement of third-party protective rights is limited to such protective rights that are registered and published in P.R. China.
We reserve property- and copyrights to all images, illustrations and other (technical) documents provided by us. Orders on the basis of
sketches, drawings or other information supplied to us will be carried out at the risk of the buyer. In case of infringe the property rights of third
parties as a result of such orders, the buyer shall indemnify us from claims of the holders of such rights.
The Customer has to notify HAWK without undue delay if he becomes aware that Products possibly infringe industrial property rights of third parties or that third parties possibly infringe those of HAWK.
Any claim for indemnification shall not be affected thereby.
Invoices shall be due and payable with their full amount before shipment. The deduction of discounts, rebates and the like shall be
permissible only in the event of an express written agreement to this effect.
Payment shall be made in the relevant currency to the bank account indicated in HAWK's Performa Invoice.
Periods of time and dates shall be binding only if we have expressly confirmed them as binding. They shall commence only upon receipt by
us of all information and/or services to be supplied by the Customer.
Delivery dates or service times shall be agreed separately in each case. In the case of binding deadlines and dates that have been agreed, we shall not be responsible for delivery and performance delays due to force majeure and on account of events which make delivery significantly more difficult for us or impossible, such as strike and lock-out in particular, even if such events occur at our suppliers and sub-suppliers. Events of this nature shall entitle us to postpone the delivery or service by the duration of the hindrance plus a reasonable lead time. If the hindrance lasts longer than three months, the ordering party shall be entitled to withdraw from the contract after a reasonable extension period has been set in relation to the part of the contract that has not been fulfilled.
The customer shall bear the costs of transport, shipping, customs, packaging, and the like, unless otherwise agreed in writing.
It is the customer's responsibility to arrange and pay for transport insurance. Liability for loss of use and liability for any other losses that arise due to delivery delays are explicitly ruled out.
In accordance with the ex-works (EXW, Incoterms 2000) clause, risk shall pass to Customer at the latest upon the tender of the goods to be
delivered to the transporting company; this shall also apply if partial deliveries.
Delivered goods must be accepted by Customer even in case of minor defects, notwithstanding the rights under 7. Warranty, Liability for Defects.
Partial deliveries shall be permissible.
The goods supplied will remain HAWK's property until all claims held by HAWK against the ordering party have been settled.
The goods should be inspected by the customer immediately upon receipt. Any defects should be notified without delay in writing via registered letter.
HAWK shall have the right, after receiving the notification of defects, to have the alleged defects checked by its own employees or experts.
Notifications of defects or complaints shall not confer the right to withhold payment.
Claims due to damage, loss or delay during transport should be directed by the customer to the forwarding company within the deadline stipulated. If this does not occur, the customer shall bear the responsibility for all consequences and damages that result.
The customer shall bear the risk for the transport of returned goods.
Cancellation of orders requires explicit, written agreement, as well as the assumption of all expenses incurred by HAWK.
HAWK shall be liable and warrant the products against defective material and faulty workmanship for a period of 1 Year from the date of
shipment by HAWK of these products to receiver.
After arrival of goods a careful examination by receiver is required. Defects must be notified immediately after detection latest 14 days after the arrival of the goods.
The warranty shall not be applied to lamps, batteries, SD-cards, glass and rubber parts, any cables and plastic tubes, knives, scissors, flexible forceps, baskets, graspers, loops, blades and any other expendable materials.
The warranty shall not be applied to
- Improper use, improper reprocessing and/or any negligence
- Disassembly, improper repair, adjustment or any negligence
by customer and/or any other party not authorized by HAWK.
During the warranty period, HAWK will provide all necessary repair service and/or replacement parts at no charge. Products shall send to HAWK for evaluation.
HAWK's liability for indirect damage or consequential damage is always excluded.
Customer shall allow the necessary time and opportunity required at our reasonable discretion to remedy any defects. If this is refused to us we shall be exempt from liability.
For deliveries and services from subcontractors designated by Customer, we shall provide warranty only within the scope of warranty obligations of the respective subcontractors.
We shall not pay any compensation for natural wear and tear. No liability is accepted for loss or damage that occurs on account of inappropriate or improper use, or excessive loading, in particular failure to observe such instructions for use as are included with the unit or attached to the unit.
All claims by Customer shall be excluded except for those explicitly mentioned in these Terms, regardless of their legal basis, in particular
any claims for damages, reduction of the purchase price/service fee or rescission of the agreement.
There shall in no event be any claims by Customer for compensation of damages which have not arisen in the delivered item itself, such as loss or production, losses of usage, loss of orders, lost profits as well as other direct or indirect damages. These limitations shall not apply in case of intent or gross negligence of those persons whom we use to discharge our obligations.
The contractual relationship between our-selves and the Customer shall be subject to P.R. China law. The United Nations Convention on the
International Sale of Goods (CISG) and choice of law rules shall not apply.
Hangzhou / P.R. China is the place where the contract has to be fulfilled and exclusive court of jurisdiction for all deliveries and payments and for all disputes that may arise from the contract directly or indirectly. We are entitled to file a lawsuit against the ordering party also at the place of residence of the ordering party.
The liability of HAWK, as well as that of its legal representatives shall be limited to intent and gross negligence, unless a breach of essential contractual obligations is present. If a provision under these General Terms and Conditions of Sale is or becomes void or ineffective, the remainder of the General Terms and Conditions of Sale shall remain unaffected.