ARISTO Terms for Enduser
General trading conditions
The following is not a certified translation of the german text. We make no representations as to the completeness or correctness of the translation.
General Conditions of Contracts, Sales
The following standard conditions apply to all orders, if and as far as there are no directly differing details and provisions agreed upon in writing between the parties. They are recognized with placing an order, and become part of the contract with the official order confirmation. Even if some differing individual details and provisions are agreed upon between the parties, the remaining details, conditions and provisions remain valid and in force.
An order, and its content, is considered to be founding a contract only when and in the form and content in which it was confirmed by us in official writing.
If not otherwise agreed upon in writing, our prices are ‘ex factory’, excluding packaging. Individual freight, insurance, import or export duties, taxes and tariffs as well as special official certifications are to be borne by the customer.We reserve the right to change prices for our products at any time, except for individual deliveries and contracts already agreed upon in writing.
Leadtimes for delivery and supply
The quoted leadtime for delivery begins only when an order has been accepted and been confirmed. It may be extended in case of:
- Acts of God, fire, industrial action or other causes beyond the control of ARISTO
- The customer does not cooperate to effect or deliver what is due from his side, payments, specifications etc.
- Technical alterations are requested from the originally agreed design or specification.
The orderer does not have a title to cancel the contract if the quoted leadtime is not unduly extended, and shall have no title to damages or compensation payments for delayed deliveries.
Payment terms are valid as specified in the Order Confirmation. If no provision is made, terms are ‘Cash on Delivery’. Payments are to be effected in EURO currency. Specified payment dates are binding and non-negotiable. No parts of the payment may be held back for whatever reason,including possible complaints or counterclaims, except ARISTO has formally agreed.
We reserve the right to charge extra interest at market conditions for the amount due, if payments are delayed by the customer.
Payment obligation of the customer also begins and payment terms start to count when ARISTO has notified the customer that his order is ready for shipment, and if the customer does not instruct or collaborate to have the machine shipped or delivered within a week from that notice.
No title transfer before full payment
All goods supplied remain our sole and undivided property until they -and all costs directly related with the purchase such as shipping and installation costs laid out by ARISTO in the process- are paid for in full by the customer. Until such time, they may not be passed on, sold on, pawned or be burdened in any other way by the customer. ARISTO is entitled to prohibit further use and to physically reclaim its property without hindrance from the customer, if the customer declines or stops further payment, or files for bankruptcy before full payment is effected.
Passing of risk
The moment a product or shipment has left ARISTOs factory shipping dock, it is in the sole risk of the customer resp. of his instructed hauliers and contractors, with regards to damage, loss or destruction. Even if ARISTO has itself chosen and instructed the transport for the customer, ARISTO itself declines such risks if they occur outside and beyond the limits of its own building. In the absence of timely instructions from the customer, ARISTO is entitled to choose at its own professional discretion, and at the expense of the customer a suitable mode of shipping resp. transport, and choose a haulier, and may also take out an insurance for the benefit of the customer for the shipment. In such cases, ARISTO may also not be held liable for mistakes and errors with regards to such details.
It is the customers obligation to decide about the relevant insurance of the goods. If damages or losses occur, the customer is under obligation to inform both the insurer, and ARISTO without delay, and not to accept shipments and goods which are obviously damaged or tampered with, without making note of such damages or tamperings on the relevant transport or receipt documents.
Defects, Faults, Delays and Complaints
All our machines may only be unpacked and be installed by trained or instructed service staff. In case ARISTO goods have arrived with defects or faults at the customer’s site, the customer must inform ARISTO within 8 days in writing or as facsimile of all such defects and faults. If the customer sends no such notice within the period stated above, the shipment and its content is to considered free of defects and faults and to be unconditionally accepted by the customer. If defects or faults are present, and are made known to ARISTO, and are agreed to be defects and faults for which ARISTO is responsible, the customer must cooperate with ARISTO in order to have those defects or faults repaired. Under no circumstances shall ARISTO be held liable for other claims by the customer, damages or compensation, directly or indirectly related to delays, defects or faults.
ARISTO can be held responsible in the context of product liability only for damage, which it has caused through gross negligence. Only in case of personal injuries ARISTO can be held responsible for ordinary simple negligence. The customer and/or the user is under obligation for adequate, intended and reasonable use of the supplied products and for diligently following the instructions of the supplier, supplied verbally or in writing. The customer resp. the user of the product has to exercise proper attention and care that the product is serviced properly, and is not interfered with technically without authorization.
We have the right to process the data which we obtain from our business connections or the data about trade partners concerning our business connections in accordance with the German data protection laws.
Place of Delivery and Performance
The place of delivery and performance for all obligations arising from the contract is Hamburg.
For all matters, contracts and relations between ARISTO and customer resp. supplier, the laws of the Federal Republic of Germany apply. The seat of jurisdiction is Hamburg. The ultimately relevant language for legal affairs is German.
If certain provisions or details of these General Conditions should be unlawful or void, the remaining provisions and the contract itself shall remain valid and in force.
Even if provisions or details of these General Conditions should not be accepted formally by the customer, or be in direct competition with such Conditions of the customer or supplier, and without ARISTO having formally accepted these conditions of the customer or supplier, these ARISTO General Conditions shall be deemed to be dominant in the mutual legal relation.
ARISTO Cutting Solutions GmbH
Schnackenburgallee 117 • D-22525 Hamburg/Germany
Telefon: +49-4O-547 47-O • Telefax: +49-4O-547 47-111
Hamburg / Germany 10/2021