Terms and Conditions

``Buyer`` means the person who accepts a quote or a proposal from us for the sale of our products, or whose order for the products has been accepted.
“Contract” means the arrangement for the supply and acquisition of the products, and any related orders or requests made by Buyer from time to time with respect to us, in accordance with our Terms;
``Conditions`` means the standard contractual conditions of sale and supply set out in this document (as well as any appendix), and in the event of a conflict between the terms of these standard contractual conditions of sale and supply, and the Special Conditions contained in any Annex attached and accepted/executed by the COMPANY and the Purchaser, the terms of the Annex shall prevail;

No order submitted by Buyer from time to time will be deemed accepted by us unless and until confirmed in writing by an authorized representative.
The Buyer shall be responsible for the company for ensuring the accuracy of the terms of any future order submitted by the Buyer
The quantity, quality, and description of the products that Buyer obtains from us and any specification relating to them will be as set out in Buyer's quotation or written proposal or order.
If we are to perform the contract in accordance with a specification submitted by the buyer, the buyer must indemnify us against all losses, damages, costs, and expenses attributed or incurred in connection with his order.

The price of the products will be the price indicated during the initial contact. If no price has been indicated then the price will be that of the list published by BI-TRADE GMBH on the date of acceptance of the order. All prices shown are valid for 30 days and are subject to change without notice to the buyer. If the contract has already been signed then the prices remain unchanged.

 

BI-TRADE GMBH reserves the right, by giving written notice to Buyer at any time prior to delivery, to increase the price of the Products to reflect any increase in cost due to a factor beyond our control (such as, without limitation, any exchange rate fluctuation, third party error or omission, currency regulation, modification of rights, a significant increase in the costs of labor, materials or other manufacturing or supply costs, any change of dates delivery, quantities or specifications of products requested by Buyer, or any delay caused by Buyer's instructions or Buyer's failure to provide us with adequate information, support or instructions).

Unless otherwise indicated in our quotation or in any of our price lists, and unless otherwise agreed in writing between the Buyer and BI-TRADE GMBH, all prices are given on an ex-works basis, and when we agree to deliver products elsewhere. only on the premises, the Purchaser will be required to pay the costs of transport, packaging, administration, and insurance.

The price excludes any applicable value-added tax, which the Buyer will additionally be required to pay to us.

- The Buyer shall pay the price of the Products within 30 days of the date of delivery or on any stipulated earlier date for payment unless otherwise agreed between the Parties in writing. The time of payment of the price shall be of the essence of the Contract, and the Buyer hereby agrees to indemnify the Company against any and all losses resulting from a breach of this clause.

 

- If the Buyer fails to make any payment on the due date then in addition, and without limiting any other right or remedy available to Company

- Cancel the Contract or suspend any further deliveries of the products or performance of the Services to the Buyer;

- Appropriate any payment made by the Buyer in respect of any and all products supplied under any contract between the Buyer and us as we may think fit;

- Claim interest and/or compensation for reasonable debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented from time to time;

- Claim the benefit of any liquidated damages provision agreed between us and the Buyer;

- Demand all and any sums due and owing immediately and be paid as such;

- Refuse to make any further delivery of products without payment in advance;

- Delivery of the products can be made by the buyer who collects the goods from our premises at any time after having been informed that the goods are ready for collection or if another place of delivery is agreed, by the company delivering the products in this location.
All dates given for product delivery are approximate only and we will not be responsible for any delays, whatever the cause. The delivery time will not be an essential condition of the contract, except with the prior agreement of the company in writing. Products may be delivered by us or a shipping agency prior to the stated delivery date, upon reasonable notice to the Buyer.

 

- Where the products are to be delivered in installments, each delivery will constitute a separate contract and the failure by the Company to deliver one or more of the installments in accordance with these Conditions or any claim by the Buyer regarding one or more installments will not be allowed. the Buyer to treat the Contract, as a whole, as repudiated, nor to obviate any of the duties and obligations of the Buyer towards BI-TRADE GMBH under these Conditions.

- If we do not deliver the products for any reason beyond our control or the fault of the Buyer and we are accordingly liable to the Buyer, our liability will be limited to the amounts paid by the Buyer under the Contract. BI-TRADE GMBH shall not incur any liability of any kind to the Buyer for any failure of a designated delivery agency to deliver the products or any violation related to such provision.

- If the Buyer does not take delivery of the products or does not give Company adequate delivery instructions at the time indicated for delivery, without limiting any other right or remedy available to the Company.

- Store the products until actual delivery and charge the Buyer for reasonable costs (including insurance) for storage.

- Sell the products at the best readily available price and (after deducting all reasonable storage and selling costs) account to the buyer for the excess over the contracted price or charge the buyer for any shortfall below the contract price.