1 Area of application
1.1 These General Terms and Conditions of Sale apply to all trading between Wiha Viet Nam (hereinafter referred to as "Wiha") and the Ordering Party, even if no reference is made to them in subsequent contracts.
2 Conclusion of agreement
2.1 Any quotes from Wiha are without obligation and non-binding.
2.3 Wiha reserves all ownership, intellectual and other property rights to all documents, in particular quote documentation. It is not permitted to give third parties access to quote documents. The Ordering Party shall return all quote documents to Wiha immediately when requested by Wiha if they are no longer required for the normal course of business. The same especially also applies to all other documents, designs, specimens, samples and models.
2.4 An order does not become binding until Wiha has confirmed acceptance with a written order confirmation within two weeks of placement or until Wiha fulfils the order, particularly if Wiha meets the order by sending the products.
3 Scope of delivery
3.1 Wiha's written order confirmation is decisive regarding the scope of delivery. Any amendments to the scope of delivery by the Ordering Party requires written confirmation from Wiha to be valid.
3.2 Delivery in parts is permitted.
3.3 Wiha reserves the right to make excess or short deliveries of up to 3% for reasons related to production. Wiha reserves the right to make excess or short deliveries of up to 10% for custom-made products. The right to make any claims for defects is ruled out in this regard. The delivery price remains unaffected.
4 Delivery period
4.1 The delivery period commences when the contract is concluded, but not before the Ordering Party has provided the documents, licences and authorisations that they need to acquire, clarification has been made regarding all technical questions and the agreed partial payment has been received or full payment has been received in the case of advance agreement. In the case of a delivery date, the delivery date is postponed to a reasonable extent if the Ordering Party does not provide the documents and licences that they need to acquire in good time, authorisations are not issued in good time, not all technical questions are fully clarified in good time, or the agreed partial payment or, in the case of an international transaction, full payment has not been received in full at Wiha. Compliance with the delivery period is dependent on the Ordering Party fulfilling their remaining obligations on time and in proper form.
4.2 The delivery period is met if the products leave the factory or Wiha has sent notification that the products are ready for collection or dispatch before the delivery period expires
4.3 In the event of a delay in delivery, Wiha Vietnam will diligently assess the situation and propose a new, realistic delivery date, ensuring alignment with the buyer's requirements to the greatest extent possible.
5 Claims regarding defects
5.1 The Ordering Party's rights arising from product defects require that the Ordering Party checks the delivered products on receipt and also test their use if reasonable. They must notify Wiha of any evident defects in writing immediately, two weeks after the products are received at the latest. Wiha must be informed of any hidden defects in writing as soon as they are discovered. The Ordering Party must describe the defects in writing in their notification to Wiha. The Ordering Party's right to make claims for defects also requires that they meet specifications, instructions, guidelines and conditions in the technical instructions, assembly, operation and usage instructions, and other documents pertaining to the products during their planning, construction, assembly, connection, installation, operation and maintenance. In particular, the Ordering Party must carry out maintenance correctly, provide evidence of maintenance and use recommended components.
5.2 No claims for defects can be made in the case of defects due to wear and tear, in particular wear parts, incorrect handling, installation, use or storage or if the Ordering Party or a third party makes incorrect modifications or repairs to the products. The same applies to defects which are attributed to the Ordering Party or which are due to a different technical reason other than the original defect.
5.3 Wiha does not provide any warranties, in particular any warranties regarding properties or lifetime warranties unless agreed otherwise in writing in individual cases.
6 Force majeure
In this case, we shall be entitled to postpone the delivery or service by the duration of the impediment or to withdraw from the contract in whole or in part due to the part not yet fulfilled, provided that we have complied with our
aforementioned duty to inform and have not assumed the procurement risk or manufacturing risk.
Force majeure shall be deemed equivalent to
- pandemics
- strike
- lockout
- official interventions
- shortage of energy and raw materials
- transport bottlenecks through no fault of our own
- impediments to operation through no fault of our own, e.g. due to fire, water and machine damage
- all other hindrances which, viewed objectively, are not culpably caused by us.