a.The terms and conditions are applicable to all of LIT Electronic Technology Co.,Ltd. . quotations and agreements, whether verbal or written, unless explicitly otherwise agreed in writing, and apply to all obligations entered into by us in connection with the object of LIT Electronic Technology Co.,Ltd. .
b.LIT Electronic Technology Co.,Ltd. . quotations are free of obligation and indivisible unless the contrary has been explicitly agreed upon in writing. Orders are only binding on LIT once confirmed in writing, while purchasers are bound by their orders once placed.
c. Once an order has been accepted, terms and conditions of the purchase or otherwise – stipulated by clients shall only be binding on LIT Electronic Technology Co.,Ltd. . inasmuch as they do not differ from or conflict with these terms and conditions. In the event of a conflict between these terms and conditions and clients’, these terms and conditions shall take precedence, unless LIT has confirmed in writing that the client’s terms and conditions take precedence.
d. In the event of amendment of these terms and conditions in the interim, the amended version of these terms and conditions shall form a part of each agreement which shall come into effect between the vendor and purchaser after the moment the amendment comes into effect, in the event that the client does not reject the applicability of the new terms and conditions in writing within 30 days of the new terms and conditions being sent. In the event of rejection as referred to in this article, the current terms and conditions shall remain applicable until an agreement has been reached between LIT Electronic Technology Co.,Ltd. . and the client on the full applicability of the new general terms and conditions.
Offer, the formation of agreements, revocation
All agreements are formed by acceptance by LIT’s client of an offer/quotation issued by our company. We can revoke quotations and offers immediately after acceptance of LIT’s offer, or tacitly in the event that the quotation is not accepted by the client within the period stated in the quotation.
Amendments and additions
Amendments and additions to any provisions in an agreement may only be agreed upon in writing. In the event of an amendment and/or addition, as referred to in this article, it is agreed that said amendment or addition shall only apply to the agreement in question, unless otherwise explicitly agreed.
a.The prices and price quotes are at all times free of obligation. In the event that materials prices, wages, freight costs, insurance premiums, taxes, currency rates, and/or other price-influencing factors increase more than three months after the agreement comes into effect, the prices may be raised by the same amount. If LIT Electronic Technology Co.,Ltd. . wishes to raise the price within three months of entering into the agreement, at our discretion, We shall give notice of said price rise to the client, which will then have the right to cancel the agreement if it wishes.
b.Images, drawings, measurements, and weights, etc., stated by LIT Electronic Technology Co.,Ltd. . on the web or elsewhere are not binding on our company and are only intended to provide a general impression of LIT Electronic Technology Co.,Ltd. . range. Any deviations from these, therefore, do not entitle the client to cancel the order, unless the deviations are of such an extent that the products do not comply whatsoever with the information provided by us, which shall be determined between LIT Electronic Technology Co.,Ltd. . and the client in consultation.
c. Clients purchasing LIT Electronic Technology Co.,Ltd. . goods enter into the obligation to comply with any conditions set by LIT Electronic Technology Co.,Ltd. ..
a.Unless otherwise agreed in writing, the costs for transporting LIT Electronic Technology Co.,Ltd. . goods to the delivery address provided by the purchaser shall be borne by the purchaser.
b.The place of delivery shall be deemed to be the delivery address indicated by the purchaser, irrespective of whether the order has been sold or agreed to be free freight, F.O.B., C.I.F., or any other equivalent or comparable condition. In the event that nothing has been agreed concerning the transport and the purchaser fails to arrange transport in good time, the place of delivery shall be the place at which the goods are located at the time of sale.
c. From the moment of the shipment, the products are transported at the client’s / purchaser’s risk. Even if freight-paid delivery has been agreed, the client/purchaser shall be liable for all damage (such as transport, fire and water damage, theft, or misappropriation) suffered by the goods during transportation. Liability for damage shall be borne by LIT Electronic Technology Co.,Ltd. . in the event that the damage is the result of gross negligence or intent on LIT Electronic Technology Co.,Ltd. . part. Under no circumstances may LIT be held liable for an attributable shortcoming on the part of the hauler. LIT Electronic Technology Co.,Ltd. . shall be fully discharged if LIT Electronic Technology Co.,Ltd. . has transferred its rights vis-à-vis the hauler to the purchaser. Unless explicitly otherwise agreed, LIT Electronic Technology Co.,Ltd. . shall be entitled to charge the transport costs to the purchaser.
d. Once an order has been accepted, LIT shall determine the planned delivery date for each product and shall implement any amendments in line with the applicable delivery sequence. The delivery date may be amended by LIT Electronic Technology Co.,Ltd. ., including at the request of the client/purchaser, as appropriate, within reasonable limits.
e. Stated delivery times shall at no time be deemed to be strict deadlines, unless explicitly otherwise agreed in writing. In the event of late delivery, therefore, written notice of default must be served to LIT Electronic Technology Co.,Ltd. .
f. All terms and conditions of delivery are free of obligation on LIT, and are based on the circumstances applicable to LIT. at the time the agreement is entered into, and inasmuch as they are dependent on the performance of third parties, on the information provided by said third parties, while the delivery date shall be observed by LIT as much as possible. The delivery period shall commence on the date on which the agreement comes into effect. In the event that the stated delivery period is exceeded, the client shall not be entitled to any claim for a penalty and/or compensation for loss, in. In the event that the client remains in default of payment of a debt to LIT – for any reason whatsoever – LIT. shall be entitled to postpone implementation of order until such time as payment has taken place, to refuse to carry out further deliveries, and/or to amend the terms and conditions for payment.
g. In the event of non-purchase or late purchase of goods by the purchaser, LIT Electronic Technology Co.,Ltd. . shall provide the purchaser for a maximum period of ten days with the opportunity to purchase/collect the goods from the location at which LIT. have stored them at the expense and risk of the purchaser. All costs incurred by LIT as a result of the non-purchase or late purchase shall be borne by the purchaser. In the event that the purchaser does not purchase the goods within the ten-working-day period, LIT. shall be entitled to demand compliance with the agreement, or to declare the agreement dissolved without judicial intervention, without prejudice to LIT right to claim, in addition, full compensation for loss from the purchaser.
h. Transportation of the goods shall be at the expense and risk of the purchaser unless the delivery conditions are ‘free delivery / free to border’, which condition must be agreed in writing. The shipping method shall be determined by LIT. In the event that the purchaser requests a different shipping method, in good time, any shipping costs for the method desired by the purchaser shall be borne by the purchaser.
i. The packaging materials provided by LIT. shall be at the purchaser’s expense and risk as of the moment of delivery.
j. In the event of FOB/FCA delivery, the purchaser shall be liable for all taxes, levies, surcharges, and fines resulting from breaches or irregularities during transport or receipt of the goods by the addressee of the accompanying document.
k. In the event of CIF/CFR delivery, the purchaser shall be liable for all taxes, levies, and fines resulting from shortfalls on receipt of the goods by the addressee of the accompanying document.
a.Complaints by the purchaser can only be accepted if they are made to LITwithin 6 days of delivery in writing, and the complaints are described clearly. In the event, however, that the complaint relates to hidden defects which could only be discovered during use by the consumer, the complaint may only be accepted in the event that it is made to the vendor in writing within 6 days of the defect being brought to the purchaser’s attention, or of the date on which the purchaser should reasonably have ascertained the defect.
b. Return shipments shall only be permitted following prior consultation, and such shipments must be accompanied by a return slip, stating the date and number of the invoice under which the goods were invoiced. Return-shipped goods not accompanied by a return slip will be refused.
c. With the exception of the above-mentioned complaint option, LIT can at no time be held liable for any subsequent injury or damage, directly or indirectly, to the staff, goods, or business of the purchaser and/or third parties.
d. At no time can LIT be held liable for the consequences of incorrect and/or improper use of the goods supplied by LIT., nor for the consequences of use other than that described in and/or contrary to that stated in recommendations/instructions issued by LIT. The recommendations/instructions issued by LIT. shall under no circumstances release clients from the obligation to inspect the products supplied by LIT. in terms of suitability for their intended use. In all cases, the client in question shall be required to show that the goods supplied by LIT. have been used correctly and/or properly and/or in accordance with the instructions issued by LIT. and after a careful inspection by the client.
Retention of title
a.Until such a time as the Purchaser has paid in full for the supplied goods, including all additional costs, the goods shall remain the property of LIT., and LIT. reserves the right to repossess said goods without prior notification. The goods supplied by LIT shall also remain the property of LIT. in the event of supply on credit or in the event of other debts owed by the purchaser until such time as the credit has been repaid in full or the other claims have been settled in full.
b. In the context of this retention of title, all deliveries made by LIT shall be deemed a single delivery, even those made under different orders, so that title to goods for which the invoices have already been settled shall remain the property of LIT. until such time as the goods delivered by LIT. have been paid in full by the purchaser.
c. In the event that the Purchaser fails to comply with its payment obligations to LIT., or LIT., has grounds to believe that the purchaser will fail to comply with said obligations, LIT shall be entitled to repossess the goods supplied under retention of title.
a.In the event that LIT. is unable to deliver due to circumstances beyond its control, LITshall be entitled to decide whether the agreed delivery period shall be extended by the period of force majeure or to cancel the agreement or the part thereof not implemented up to that point.
b. The term force majeure shall be deemed to include every circumstance as a result of which fulfillment of an agreement cannot reasonably be expected of LIT, including war, impending war, mobilization, civil unrest, a state of siege, labor strike, accident or illness of staff, fire, interruption of business, reduction of production capacity, lack of raw materials or packaging materials, use of incorrect materials, transport delays, import restrictions or other government regulations, all irrespective of whether these circumstances occur in LIT’s company or in another company involved directly or indirectly in the implementation of the agreement. The term force majeure shall also be deemed to include non-delivery by foreign companies for a reason outside LIT’s control. LIT can under no circumstances be held liable, however, for consequential loss, including loss of profits. The purchaser shall indemnify LIT against claims relating to losses for which LIT is not liable within its relationship with the purchaser. Services, information, and advice, for example relating to the use of the product, shall be provided by LIT. to the best of its knowledge, taking into account the results of any research carried out and experience with the product.
The purchaser indemnifies LIT. against all claims from third parties in the matter of the goods supplied by LITunless it is determined in court that said claims are direct consequences of gross negligence on the part of the vendor and that the purchaser can demonstrate that it has no blame whatsoever in the matter. The purchaser indemnifies LIT against all claims from third parties concerning alleged breaches of their copyright, patents, r models used in manufacture, or similar, by or in the name of third parties, the purchaser, r the producer.