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Terms & conditions

OFFERS

Our offers are valid for the period specified in the special conditions. If no period is specified, our offers are indicative only and are not binding

PRICES and DELIVERY

Our prices are based on delivery of goods at our premises; transport and insurance costs are to be paid for by the buyers. We retain ownership of products sold until payment of the amount due has been made in full. However, all risks of loss or damage to the goods from any cause are the responsibility of the buyer as soon as the goods are put at his disposal

ORDERS

Orders are not firm until they have been confirmed in writing by us.

TIME OF DELIVERY

Times of delivery are given for customers’ guidance only and are not binding.

ACCEPTANCE – COMPLAINTS

Goods will be considered as accepted if no complaint in writing is received within 8 days of receipt of goods.
Invoices are considered as accepted if no complaint in writing is received within 8 days of receipt of invoices.

PAYMENT

All payments are to be made to our company’s offices within 30 days of the date of the invoice.

INTEREST

Interest shall accrue and shall be paid at the higher of the following rate, either 1% per month or the Belgian legal interest rate plus 2%, and without the necessity of any formal demand, for any amounts that remain unpaid after their due date. Interest shall be calculated in 15 days rests, and the full amount of interest in respect of such period shall be due at the commencement of such period. Furthermore, should the buyer fail to comply with any of its obligations under the terms or conditions of the contract we reserve the right to retain any goods in possession or in the possession of a transporter or other third party, and to terminate the contract. The contract may be effectively terminated by us by service of a termination notice by registered post, at the buyer’s address. Any goods already delivered must be immediately returned to us, and we shall have the right to be paid a sum, in lieu of damages and interest, equal to 15% of the contract price, with a minimum of 1000,- Euros and a maximum of 15.000,- Euros.
In the event of any change in the status of the buyer, whether by death, bankruptcy, incapacity, dissolution of the company or otherwise, we shall have the right to terminate the contract, or to require guarantees to the contract.

RETENTION OF TITLE

Fischbein shall retain title to the appliances delivered until the price has been fully paid, even in the event that such appliances are transformed or incorporated into other goods.

WARRANTY

Fischbein Warranty for standard pieces of equipment and for original parts.

Fischbein warrants that all standard pieces of equipment and original parts sold shall be free of defects on materials and workmanship, to the exclusion of:

  • Wearing parts such as needles, belts, rubber gaskets, knives, presser feet, clamps, needle bars and loopers.
  • Electric, electronic and pneumatic components.

For a period of 180 days (one hundred and eighty) from the date of invoice by Fischbein.
The warranty shall be revoked without notice if the user himself or any third party, to the exclusion of Fischbein authorized distributors, undertakes any repair or alteration or modification to the equipment.
Fischbein warranty shall be restricted to repair or replacement, at Fischbein’s option, of original parts or pieces of equipment which have been proven to be defective.
In any case, Fischbein liability shall be limited to the amount of money paid for the goods which this responsibility could be engaged.
Under no circumstances Fischbein shall be liable for any indirect, special or consequential loss (including loss of anticipated profit) or damages, whatever they may be.

Consequently, Fischbein shall not be liable for:
  • Transport costs;
  • Labour or other charges for adjustment;
  • Installation or any other work that may be performed upon or in connection with the equipment by the purchaser.

The foregoing warranty shall be in lieu of all warranties expressed or implied and of all other obligations or responsibilities on the part of Fischbein on account of the equipment sold to the customer.
The foregoing warranty shall determine Fischbein’s absolute and exclusive liability and shall constitute the purchaser’s only resort in case of claim for damages related to the sale, delivery, setting up or use of Fischbein products or spare parts as well as their conceiving, their modification to the use desired by the purchaser, and for any defect which could affect those pieces of equipment or spare parts.
In the event of any hidden defect giving rise to a claim the purchaser must advise Fischbein in writing within 8 (eight) days of the occurrence; any action built on hidden defect must be introduced within 30 (thirty) days of the defect occurrence. The purchaser of the products manufactured or distributed by Fischbein and any user of said products shall strictly comply with Fischbein’s directives and recommendations as to the use of the products, whether made orally or in writing.
The purchaser of the products manufactured or distributed by Fischbein shall guarantee Fischbein against any claims and any actions made against the latter by third parties for such damages as not covered by this warranty.
Fischbein shall assume no obligation to honour warranties of any kind in case of neglect or improper adjustment, if the maintenance of the equipment has not been carried out as stipulated by the manufacturer, if the equipment has not been used in accordance with the manufacturer’s instruction manual, if normal working conditions, tolerances, capacity limits and recommendations stipulated by Fischbein Technical Services have not been strictly applied.
Fischbein reserves itself the right either to check on the product at purchaser’s premises or to require that it should be returned to the factory for investigation and repair.

POINTS TO CONSIDER FOR ON SITE
SERVICE OR INSTALLATION

Exclusions:
  • Site clearance and preparation
  • Lifting equipment
  • Connection of services (power and air)

  • Operation in hazardous areas (unless otherwise specified)
  • Client terms and conditions (unless specifically addressed herein)
  • Consequential loss
  • Any item not specifically described within the pricing section of this quotation.
Client Responsibilities:
  • Nomination of a single ‘responsible’ site project representative with authority to administer site and contractual judgment.
  • Assistance with placement of heavy components, e.g. with forklift.
  • Connection of mains services (power and air)
  • Connection of any dust extraction manifold included in our scope of supply to the clients existing or separately supplied extraction unit.
  • Structural and foundation suitability and integrity for the area on which equipment will be mounted.
  • Sending, at least one month before agreed delivery date, all product and relevant associated packing materials required for factory testing the equipment before dispatch from our factory.
  • Build up of sufficient stock levels to cover the duration of the installation and commissioning period.
  • A constant, consistent and reliable supply of all required production materials at the agreed contractual rate and quality.
  • Provision of operators on demand and in sufficient quantity to run the equipment before and including the palletizer.
  • Identifying a lead on site project contact with authorization to make decisions concerning local issues that may affect the installation and commissioning process
  • Provision of changing room(s) and toilet(s)
  • Provision of a suitable electrical supply for tools
  • Project Data:

    The client is responsible for checking and validating the information specified and therefore, any errors in the transcript not subsequently brought to the attention of Fischbein.

    Modifications after Order:

    Should modifications to the equipment or layout be required due to client request or false or incorrect information supplied by the client, the costs inclusive of profit, labour and parts shall be advised to and validated by the client. If necessary, a revised delivery program will be confirmed to the client.

    Waiting Time:

    Waiting time will be incurred in the event that client actions or inactivity has prevented our engineers from working to the agreed schedule. Such time will be logged and accumulated until the end of the contract and charged at scheduled rates ruling for the current year.

    Engineer’s Rates:

    According our Schedule of Engineers Rates for the current year – copy available on request.

    Retention of Property & Passing of Risk:
    • Fischbein maintains exclusive rights to the equipment and accessories until full payment has been made.
    • Any payment order creating an obligation to pay (draft or other) is not considered as payment. The failure to pay any installments may entail the restitution of the equipment and its accessories.
    • The above mentioned provisions do not hinder, by delivery of the equipment and accessories to the client’s site, the passing of risk for loss or damage to the equipment and its accessories to the client, as well as for damage caused indirectly.
    Documentation:

    one set of installation and operation manuals including wiring diagrams are part of our delivery.

    Training:

    A system training course will be provided at a mutually convenient time either on completion or close to completion of installation at your works. This will normally comprise of a maximum ½ day course for up to operators and content will include :

    • Safety induction
    • Systems operation
    • Start/stop and recovery procedures
    • General maintenance
    Safety:

    this equipment is supplied in accordance with the European CE safety/marking system.

    Compressed air supply:
    • Supply of compressed air is plant service. The compressed air must be without oil and water.
    • The maintenance unit with filter, pressure reducer and manometer is our supply.
    • Required air pressure: minimum 0,6

    INTELLECTUAL PROPERTY

    We keep all – and do not assign any of the – intellectual property rights pertaining to the products sold and to the works performed by us.

    COMPETENCY

    Any dispute arising under this contract or in relation to any sales or work invoiced by us shall be subject to the laws of Belgium and the jurisdiction of the Brussels courts. However, we reserve the right to bring the action before any other court that would otherwise be competent on the rules of civil proceeding normally applicable.