Terms and Conditions
Application Systems Heidelberg General Terms and Conditions of Sale
Products and services (“Products”) are sold and supplied by Application Systems Heidelberg (“ASH”) on the following general terms which cancel all previous general terms and conditions of sale. Where applicable, special terms and conditions of sale are specified in ASH catalogues, price lists, or other literature.
Payment Accounts for Products are payable at the following postal address:
Application Systems Heidelberg GmbH
Until a credit account is established, all business with new customers is on a cash basis unless otherwise agreed. Non-payment by the due date entitles ASH to cancel the contract or to suspend deliveries without further notice.
All prices will be those ruling at the date of delivery and those quoted. ASH price lists do not constitute an offer. All prices are exclusive of any applicable value-added tax, which the customer shall be additionally liable to pay to ASH.
Uncontrollable events and delays
In case of delays caused by circumstances beyond the control of ASH or ASH suppliers, ASH shall have the right to either suspend deliveries without notice or cancel the contract without liability. By way of illustration and not of limitation, the following are to be treated as uncontrollable events: strike, lockout, riot, revolution, mobilisation, war, epidemic, official regulations, transportation difficulties, working difficulties, machine breakdowns, fires, failure of suppliers, or other causes, whether similar or not.
Products are supplied subject to the following conditions: (a) Products shall remain in their original packaging and the marks, numbers or references indicated on the Products or packaging shall neither be covered, defaced, altered nor erased. (b) Products normally shall be resold at any trade level only by qualified personnel and in premises suitable for their storage, display and sale under satisfactory conditions.
ASH advertising and display material is supplied to the customer for his own business. The customer must not in any way imply that he is the agent of ASH, since this implies one who acts on behalf of and with authority from a principal.
Customers considering advertising are invited to consult the ASH departments concerned.
Law of the contract
In the case of legal disputes, the law and the courts of Germany shall apply.
Customer order conditions
Any provisions of the customer's order which conflict with, or are in addition to, the general terms and conditions of sale and conditions of sale or any special terms of business shall be excluded.
Consequences of the non-application of a clause in the present Terms and Conditions of Sale
Should any of these general terms of business and conditions of sale be inapplicable, this would not imply that the rest of the present terms do not remain valid.
Any verbal agreement which does not conform to the present terms, shall not be binding on ASH unless it has been confirmed by ASH in writing.
Credit and payment
- Unless otherwise agreed, the granting of credit facilities is made on the condition that payment is received by ASH at the postal address referred to above, 30 days after the date of invoice, and ASH reserves the right to withdraw credit facilities forthwith if this condition is not observed.
- ASH may charge interest on overdue accounts until the date of actual payment at the monthly rate of 2% of the overdue balance, such amount being payable without prejudice to ASH's other rights and before as well as after judgement.
- Unless otherwise agreed, where a customer elects to make a payment by credit card, Application Systems Heidelberg will charge a 2% surcharge on the value of the items purchased.
We will continue to make no charge for the use of debit cards.
- Products supplied by ASH are delivered at the risk of ASH, unless a customer stipulates a special method of delivery, in which event Products are delivered at the risk of the customer and an extra charge may be made for delivery.
- Any stated delivery date constitutes only a warranty by ASH to use reasonable endeavours to effect delivery by or about that date. No liability will be accepted by ASH for failure to meet delivery dates, however caused.
- In any event, any liability for loss or damage in the course of delivery shall in all circumstances whatsoever be limited (at the option of ASH) to the repair or replacement of the Products concerned or to the crediting of the customer with the invoice value of such Products.
- In the event of damage, the customer must advise ASH of any such damage, within 48 hours of delivery. No claim for damage will be allowed if advice is beyond this time limit.
Product may only be returned to ASH after first obtaining ASH agreement to do so. Whenever ASH agrees to accept goods for return, it will do so by issuing a Returns Material Authorisation (RMA) number. ASH drivers or its delivery carriers are not authorised to collect Products for return without an appropriate reference number and any items received at ASH's warehouses that do not clearly display an authorised RMA number, will be rejected. All returns must be completed within 10 working days of the issue of an RMA number.
Dead on arrival (DOA)
Any product that has been received by an end user and deemed to be non-working or faulty, within 10 days from date of end user invoice, is deemed to be DOA. Provided the defect is confirmed by ASH technical support and the end user proof of purchase date is supplied, such products will be replaced for a new unit, stocks permitting or for a purchase price credit, where stocks are no longer available. Any products exceeding this 10 day period and/or that were originally purchased from ASH over a period greater than 6 months (hardware) or 12 months (software) will not qualify for replacement or credit and will fall under the standard warranty terms and conditions of the manufacturer.
All products are supplied with the benefit of the manufacturers warranty agreement and warranty process.
Any products received visibly damaged must be notified, in writing or via-email, to ASH within 48 hours of receipt. All such units will be replaced provided the damage was incurred prior to receipt by either the customer or the customers carrier.
Receipts of incorrect shipments must be notified, in writing or via e-mail, to ASH within 5 working days of ASH invoice date. All such disputes will be resolved through arbitration using all the information available at that time e.g. proof of delivery.
Undamaged, non-defective goods
Generally, non-defective, undamaged goods will only be accepted back where they have not been supplied to order. In exceptional circumstances, ASH may allow the return of certain non-defective goods, however such returns will be on a case-by-case basis and will be subject to a re-stocking fee. Such requests should be made to ASH's sales department. All non-defective returns will only be accepted for goods that are received at ASH's warehouses in a pristine condition - i.e. undamaged, unmarked, unopened and together with any accessories or cables as originally supplied. The customer is entirely responsible for the transportation and packaging of such goods.
Title and risk
Until full payment has been received by ASH, for all products whatsoever, supplied at any time by ASH to the customer:
- the Products shall remain the property of ASH
- the customer shall store the Products in such a way that they can be readily identified as being the property of ASH, and at all times in accordance with ASH's recommendations
- subject to (d) and (e) below, the customer shall be at liberty in its own name (but not on behalf of or in the name of ASH) to sell the Products in the ordinary course of business, on the basis that the proceeds of sale shall be the property of and held on trust for ASH.
- ASH may at any time suspend or revoke the customer's power of sale by notice to the customer if the customer is in default for longer than 14 days in payment of any sum whatsoever due to ASH or if any Bill of Exchange, cheque or other negotiable instrument drawn or accepted or endorsed by the customer in favour of ASH is dishonoured on presentation for payment
- the customer's power of sale shall automatically come to an end if a Receiver is appointed over any of the assets or the undertaking of the customer or a Winding Up Order is made against the customer or the customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy
- upon revocation or determination of the customer's power of sale under (d) or (e), the customer shall place the Products at the disposal of ASH, which shall be entitled to enter upon any premises of the customer for the purpose of removing such Products from the premises
Where payment is made by cheque, ASH shall not be deemed to have received payment until the cheque has been cleared. Not withstanding the foregoing, risk in the Products shall pass to the customer on delivery, except where the customer requires a special method of shipment, in which case risk shall pass to the customer when the Products leave ASH premises.
The customer shall ensure that any safety information of whatever kind provided by ASH in relation to the Products supplied is passed, where the Products are supplied for use at work, to the customer's employees or, where the Products are supplied for resale to the subsequent purchaser the customer shall not alter, mask or remove any such safety information from the Products.
Limitation of liability
ASH will repair or at its discretion, replace or credit the customer with the invoice value of any Products found to be defective or faulty in all circumstances whatsoever the liability of ASH, in respect of any failure to comply with the contract or other breach of duty shall be limited to such repair, replacement or credit.
ASH reserves the right to alter or amend these General Terms and Conditions of Sale for any particular class of Products or customer.
The Waste Electrical and Electronic Equipment Directive 2007
Directive 2002/96/EC places a legal and financial responsibility on either the producer or the end user of electrical and electronic equipment to cover the costs relating to the appropriate treatment of the aforementioned equipment when it becomes waste. By agreeing to these terms and conditions, the customer accepts responsibility for the treatment and recovery obligations sold to it, in accordance with Directive 2002/96/EC and absolves ASH of any associated responsibilities.