Terms and Conditions
1. Application of the Conditions
• The deliveries, services and quotations of the Seller shall take place exclusively on the basis of these terms and conditions.
• All the orders will be valid with these Terms and Conditions if there will no other written confirmations.
2. Copyright, quotations and conclusion of Order
• All prices stated on the price list and any brochures or advertisements are subject to change without notice. The price lists are only applicable for the curtain order or request.
• Any side arrangements, amendments, supplements and/or other deviations from these terms and conditions shall only be applicable if the Seller has declared his consent. Such agreements shall be made in writing.
• Information in quotations and/or order confirmations of the Seller which are based on an obvious error, namely a printing or calculatory error shall not obligate the Seller. Rather, the obviously desired declaration shall apply.
• The quotation documents, drawings, descriptions and cost estimates of the Seller may neither be passed on, published, duplicated nor otherwise made accessible to third parties without his approval. The documents shall be returned on demand without the retention of any copies.
• We give a warranty that our tools, instruction, specifications and other information is correct and fit for use.
• Binding offers must be accepted by the ordered within a reasonable period. Verbal or written orders shall be regarded as having been accepted once a written Proforma Invoice has been sent out or when the goods ordered have been delivered within a reasonable period.
• The content, design and text on this site are the copyright of PropFIX. Some of the product images, descriptions and logos contained in this site are trademarks and are copyright of their respective owners.
3. Price and price modifications
• Provided that nothing is agreed to the contrary, the prices shall not include taxes, packaging, loading, transport, insurance, unloading, stacking, assembly and start up. And to be more precise, they shall be in EURO ex works, or ex depot, plus statutory VAT at the prevailing rate. The prices shall be calculated on the date of Proforma Invoice. Packaging, freight, and insurance cover specifically requested by the Buyer etc. shall always be invoiced at the rates valid at the time they are actually incurred.The prices stated shall only apply for the individual order concerned.
• All the delivery expenses are going to be additionally included in Proforma Invoice.
• You shall receive 2 % discount for every other purchase. For example if you buy one tool you shall pay 100 % of price, if you buy more tools you shall pay 100 % of price for the first tool and 98 % for the second and 96 % for the third and 94 % for the fourth tool of price and etc. You can buy no more then 10 tools at one purchase.
• If you are a first time Buyer (new client) you shall pay 100 % of price in advance after receiving the Proforma Invoice, before delivery.
4. Delivery periods and terms
• Your Order will be accepted by sending you Proforma Invoice and after 100 % in advance payment. All the side agreements and amendments require our written confirmation.
• After receiving the payment the tool will be delivered within a reasonable period of time (In no longer then 30 days) if it is being promised by us as being binding. The Seller will be only responsible for delays and/or impossibility of his deliveries and services if he, his statutory representatives or his vicarious agents have brought about the obstacle to performance with intent or gross negligence.
• This principle shall apply in particular in the case of force majeure, strike, lock-out, official instruction etc. even if the obstacles occur with suppliers of the Seller or their sub-suppliers.
• The 12 months warranty period begins from the day of the delivery.
• The Buyer should examine and notify all the shortages, defects, incorrect deliveries and the quality statement of the tool immediately in 4 working days after receiving it. The subsequent complaints are not taken into account. It must be confirmed that the condition is as stated in the Order form and that it is in perfect working order.
• The Buyer must accept the goods as they are delivered by the address and contact person given in the Order form.
• The Buyer must check the consignment immediately upon delivery to confirm that it is in the condition as stated in the Order form and that it is in perfect working order. All defects, shortages and incorrect deliveries are to be notified in writing within 4 working days of delivery or notification that the goods are ready. If it is intended that the goods shall be collected from us by the Buyer or by a third party, our notification to the Buyer that the goods are available for collection shall be regarded as the point in time of delivery. If the buyer organizes the delivery by his own – he takes all the responsibility for all the delivery process since leaving the warehouse EXW. The loss of the package is not to be complained about and redeemed.
• Tolerances normal in the trade with regard to dimensions, quantities, weight, quality, colour, etc. shall not warrant justification for complaints.
• Provided that we do have a liability, we shall compensate for any decrease in value either by providing a replacement or making a payment for the difference at our discretion. Should we fail to fulfill our obligation to provide a replacement or return of the product if the product is not working.
• The tool must be used only under its intended purpose. All the damages made to the tool being used for other purposes are not to be claimed as warranty provision. The warranty is only applied for our manufacturing failures – not for a natural deterioration.
• Neither the Buyer nor the third parties are allowed to carry out amendments or subsequent improvements without our express written permission. Unauthorized amendments or unauthorized subsequent improvements shall lead to claims under warranty becoming inadmissible.
• The warranty shall only apply for new goods. No warranty of any sort can be accepted for second – rate goods.
• We will decide either to improve or deliver once again – at no cost – all parts (supplementary performance) which turn out to be useless or not slightly affect during usage within guarantee period as a result of a circumstance that occurred prior to transfer of risk – especially due to faulty construction, poor materials or poor workmanship.
• The Buyer has to give us necessary time (3 months) and opportunity to carry out all improvements and replacement deliveries; otherwise we are relieved liability for the arising consequences.
• No guarantee will be assumed for inappropriate or incorrect usage, faulty assembly or start-up by the Buyer or third parties, natural wear and tear, incorrect or negligent handling, transport damages, improper service, inappropriate operating materials, poor construction, chemical electrochemical or electrical influences. There is no warranty for esthetical appearance either.
6. Place of fulfillment – Place of jurisdiction – Applicable law
• It is agreed that LT-35148 Panevėžys/Lithuania shall be the place of fulfillment for the delivery of goods and services, and rendering of payment. The place of jurisdiction is going to be Lithuania.
• All contracts are subject exclusively to Lithuanian law.