A Tata Steel Enterprise
GENERAL TERMS OF SALE AND SUPPLY
1. SCOPE OF APPLICATION
1.1
All our sales, supplies and other services (hereinafter referred to as Supplies ) are based on these General Terms of Sale and Supply. By accepting them without objection,
the Customer agrees to their unopposed application to each delivery and to all successive transactions. We do not accept any conflicting or deviating terms and conditions of the
Customer, unless we consent to their applicability explicitly and in writing. The General
Terms of Sale and Supply shall also apply if we execute deliveries without reservation, even if we are aware of conflicting or deviating terms and conditions of the Customer.
1.2
We reserve the right to amend our General Terms of Sale and Supply if circumstances change. The Customer will be deemed to agree to the applicability of the amended terms and conditions, unless the Customer objects to them in writing within one week after their receipt, provided that we explicitly advised the Customer of the effect of the Customer's silence when we announced the amended terms and conditions.
goods shall be delivered in commercial quality and design, taking into account commercial tolerances as to the measurements, weights and quality that are inherent to the manufacturing process. Additional and replacement deliveries may display colour deviations.
These are also subject to the applicable standards and tolerances. References to technical standards, material data sheets or factory tests shall not constitute any warranty as to product conditions as per German Civil Code. Statements made by us, our agents or any manufacturer or manufacturer's agent, in particular those made in advertising materials or on websites, regarding the properties and conditions of our goods shall only entitle the Customer to make claims regarding defects where they have explicitly been made an integral part of an agreement on properties and conditions or the contract.
3.2
The rates determined by us prior to preparation for shipping shall be definitive for the quantities, weights and measures of the delivery.
3.3
Except otherwise agreed, we can deliver up to 3% more or less than the quantity or number of items ordered, provided that this is due to reasons inherent in the manufacturing or processing procedures.
2. OFFER, PRODUCT INFORMATION, CONSULTANCY AND SUPPORT SERVICES, WARRANTIES, CONCLUSION OF CONTRACT
3.4
Partial delivery and performance shall be permitted to the extent they are reasonable for the Customer.
2.1
Any information and data contained in data sheets, product specifications, product descriptions, brochures and advertising materials is for guidance purposes and shall only become a binding part of the contract if we expressly consent to writing.
3.5
Generally ordered goods must be collected at our Villmergen site (FCA as per Incoterms 2020). All deliveries are subject to agreement and limited to selected countries. In these cases, DAP applies according to Incoterms 2020.
2.2
Statements of quality and condition shall only be deemed to be warranties if they are expressly designated as such. The same shall apply to the assumption of procurement risks.