These general conditions apply to all offers of DTS SIA (here after referred as DTS) as well as on agreements on sales or the provision of services. Differing conditions are only part of the agreement, if these are previously explicitly agreed on in writing.
On all offers and agreements from DTS only these general conditions apply, regardless of a (previous) reference from the client to his own or other general conditions. DTS is deemed to not have these accepted
All offers from DTS are without obligation.
All by DTS provided images, drawings, catalogue, cross lists, references, diagrams, technical descriptions and other data and / or documents are drawn as accurately as possible by DTS, but are not binding nor to be seen as any warranty, unless previously agreed upon. The information provided in these documents regarding the appearance or state of goods is only meant to give a general presentation of matters.
An agreement is deemed to have been reached at the time the agreement is confirmed by writing, or when DTS starts with the execution of the agreement.
DTS has the right to, if the offer for the supply of products or providing services has not lead to an agreement, charge any costs they had to make for these offers to the costumers.
The prices of DTS apply for the in the order confirmation named services or size of order.
DTS is entitled to calculate any cost-push factors, which also means increased cost and prices of materials, labour costs, taxes, transport costs and changes in currency fluctuations arising after making an offer, respectively, after the conclusion of the agreement, to the customer. DTS will notify the client as soon as possible.
DTS offered prices are not fixed and are subject to regular modifications due to constant manufacturer price list updates and currency exchange rate fluctuations.
Accordingly DTS created estimate prices are not fixed and are valid until the next price list update.
Stated delivery times are the best estimation by DTS, but cannot be regarded as deadlines, unless expressly stipulated otherwise.
The shipping costs, including insurance, to the agreed place of destination, shall be born by the customer and will be charged depending on real or volume weight and the way of shipping.
The risk of accidental loss and/or of deterioration of the delivery item shall pass to the customer in the case of self-collection at the moment of handover of the goods, in the case of shipping at the moment of handover of the goods to the forwarding agent, the carrier, or any other person charged with the execution of the shipment. We advise the possibility to take out an transport insurance for the deliveries additionally.
We are neither liable for nor responsible for damages in transit. Shipping damage is immediately communicated to the forwarding agent upon receipt of the goods:
Delivery of the order is completed when the delivery is delivered at the by the customer designated place / address or when placed over the threshold of the warehouse at the designated place / address. If the delivery of the order is allowed in several deliveries, DTS then is entitled to charge the costs of the deliveries to the customer.
Payment terms are regarded as deadline
If the payment by client is not completed timely or fully, client owes DTS an interest of 0,5% per day or the legitimate interest if this is higher, starting at the expiration date.
DTS is authorized to settle amounts still indebted by the client with amounts that DTS or different business that belong to the same concern, is indebted by the client, or different business that belong to the same concern.
In case of late, no, or partly fulfilment of the agreement, the client is indebted all judicial and extrajudicial. This includes all costs for collection of claims of DTS, including costs of notice, cost of collection agencies, bailiffs and cost of legal assistance, bankruptcy and court costs.
We reserve the right on the ordered goods until all payments resulting from the contractual agreement are completed.
Minor in trade deemed acceptable or technically unavoidable deviations in quality, design, colour or finish, can not constitute grounds for complaint.
The Client should check immediately upon delivery for externally visible damage and / or omissions and should provide a delivery sheet. If a fault has been found, this has to be noted on the delivery sheet.
The Client should check immediately upon delivery for externally visible damage and / or omissions and should provide a delivery sheet. If a fault has been found, this has to be noted on the delivery sheet.
The client shall immediately upon delivery and / or execution and upon receipt of the product verify if the delivery and / or performance corresponds with the requested order. If a fault has been found, client has to inform DTS in writing, latest on the next working day.
For visible or otherwise observable defects and / or defects in products which only the removal of the packaging may prove, the client should inform DTS in writing the day following on the day of delivery
DTS should always be given the opportunity to repair the product and / or deliver a similar product. If any problems arise during or after installation of a product, client should always contact DTS first on the settlement of the reclamation. If a client decides not to contact DTS, and the client has used replacement parts without the confirmation of DTS, then all claims are disposed
Complaints not give the client the right to suspend payment.
DTS grants the same customer warranty, with respect to duration and conditions, as its manufacturers / suppliers provide, without additional guarantee on the part of DTS.
In case of force majeure or exceptional circumstances, which DTS considers as a circumstance on which DTS has no control and which halters or makes impossible the delivery or performance, such as a business failure, a failure of energy supply or material supplies, transportation delays, strikes and / or on time delivery by its suppliers, DTS is released from its obligations under the contract and DTS has the right to implement the agreement within a reasonable amount of time, or, when fulfilment is impossible, DTS is allowed to dissolve the agreement wholly or partially, with no to obligation to pay any compensation.
Client in case of force majeure or exceptional circumstances not entitled to dissolve the agreement / or to claim damages.
The customer is responsible for the return shipment. Demand for return has to be done in writing.Received goods may only be returned with a written consent of DTS. All returns must be in the original packaging, undamaged and unmounted
The goods from special orders can not be returned.
If client does not fulfil one or more of its obligations under an agreement either within the time limit or properly, DTS is entitled, without further notice or judicial intervention and without having the obligation to pay any compen-sation, to suspend the delivery of the products and / or the execution of the performance and / or the relevant agreement by giving written notice to the customer with immediate effect, without prejudice to other rights accruing DTS.
DTS may, in addition to other accruing rights, dissolve the agreement with the client at any time without further notice or judicial intervention and without liability for damages to the client by means of a written notice to the customer with immediate effect, if client is unable to meet its outstanding debt or chooses not to pay its claimable debt, becomes insolvent, if the customer has requested banktrupcy, if suspension of payment is requested or if the customer ceases its business and / or attachment, or the company is seized which is not lifted within 30 days after the date of seizure.
DTS always has the right to modify these terms and / or supplement them. For existing contracts the terms, clauses and provisions are in appliance that were in force on the day of the agreement
