The following tabs supply information about Heptagon Systems terms and conditions for sale, warranty and RMA.
- Product is defined as either goods, software or service or any combination of goods, software and service.
- Heptagon Systems is also referred as the Manufacturer.
- Supplier, is an entity who has Heptagon Systems’ permission to distribute / represent Heptagon Systems products in a certain geographic area.
- Buyer or Client or Customer is an entity who wishes to purchase Heptagon Systems’ product(s).
- Seller is either Heptagon Systems or the Supplier or both.
Sale terms and conditions
The following Terms and Conditions, along with any relevant document(s) such as quotation, order confirmation, supply schedule, pricing information, invoice etc. from Seller relevant to the sale of Product constitute the complete and exclusive statement of the terms governing the sale of Product by Seller to Buyer. Seller’s acceptance of Buyer’s purchase order is expressly conditional on Buyer’s assent to all of Seller’s terms and conditions of sale. Seller expressly rejects any additional or conflicting terms specified in Buyer’s purchase order or any other document provided by Buyer. Buyer’s acceptance of the Product will manifest Buyer’s assent to these Terms and Conditions. Seller reserves the right in its sole discretion to refuse orders where the buyer purchase order contains Terms and Conditions which conflict with these terms, unless an effective agreement signed by a duly authorised representative of both parties (“Effective Agreement”) applies different terms and conditions.
The following documents are used in the sale process and are transferred between the Buyer and Seller. The Seller will assign each of the documents he sends a unique reference number in which the Buyer is requested to include in his response.
- Quotation Request – A document sent by the Buyer to the Seller requesting price and delivery schedule of the Manufacturer Product.
- Quotation – A document sent by the Seller containing an answer to the Quotation Request stating the Product description, price, tentative delivery schedule and other terms including payment terms, currency and more.
- Purchase order – A document sent by the Buyer which contains a list of Product the Buyer wants to purchase along with their price and requested delivery schedule. The Purchase order content is to be based on the information provided in the Quotation. The Buyer should specify the Quotation reference number in the Purchase order.
- Order confirmation or Order acknowledgement- A document sent by the Seller in response to a Purchase order. It will contain a list of the ordered Product along with their price, estimated delivery schedule and terms and conditions of sale.
- Order Status Report- A document sent by the Seller to notify the buyer of the current status of his Purchase order. Generation of this report is the result of either the client request or the Seller initiative
Unless otherwise specified in the Quotation, the quoted Product, prices and delivery schedule shall remain in effect for 30 days after sending the Quotation. A Buyer Purchase Order which will be acknowledged by the Seller within this time frame signals the Buyer’s unconditional acceptance of these sale terms and an authorisation for the shipment of the Product as stated in the Order Confirmation schedule. To avoid any confusion, the Buyer will include the quotation reference number stated in the Quotation. Failure to issue a Purchase Order within the above time frame gives the Seller the right to cancel the above Quotation.
Any current (or future) charge such as tax by a government and/or local authority and or the result of a bi-lateral tax treaty which requires the Seller to pay or collect in relation with the Buyer Purchase Order, delivery, export duties/storage/services shall be for the Buyer to pay. All quoted prices are exclusive of taxes, transportation and insurance, which are to be paid by the Buyer.
The Buyer should pay the Seller’s invoice within the payment terms stated in the invoice. Failure to pay in due time gives the seller the right among other remedies to either cancel or halt any pending Product shipment to the Buyer, and/or to terminate this sale agreement or any other agreements between the Seller and Buyer. Buyer shall be liable for all expanses, including legal fees, relating to the collection of past due amounts. Any due payment not paid shall bear at the sole discretion of the Seller up to the maximum interest rate allowed by law. Any payment due to either party under this agreement shall be made unconditionally full. All bank wire transfer fees shall be paid by the paying party. Failure of the Buyer to pay fully in due time shall give the Seller the right to change payment terms to cash in advance before production and/or shipment of ordered Product.
Shipment and Delivery
The Seller will make any reasonable efforts (within commercial reasoning) to deliver the ordered Product in accordance with the delivery schedule quoted or stated in the Order Confirmation. Shipment dates are an estimation and cannot be guaranteed. Seller cannot be considered liable for delivery mismatch as a result of the Buyer supplying the wrong shipment details or lack of. The Seller will not be liable to any shipment damage. The Buyer should submit any shipment claim to the carrier.
Upon Product receipt by the Buyer he should inspect it and immediately notify the seller of any issue within 7 work days. Failure to notify in this time frame will nullify any shipment claim by the Buyer.
Purchase Orders under this agreement may not be rescheduled by Buyer for any reason, unless he has the Seller consent in writing.
NCNR (non-cancellable and non-returnable)
Buyer Purchase orders cannot be cancelled by the Buyer without the written consent of the Seller.
The Buyer cannot return any purchased Product without the written consent of the Seller.
Supplier will provide the Buyer an NCNR statement he must sign for the Purchase order to be acknowledged and accepted by the Seller.
The case of DOA (Dead on arrival)
- DOA can be claimed in the first 20 working days after shipment. Seller will send a replacement unit against shipment of the DOA unit. At its own discretion, Seller may return the Buyer the price paid for Product instead of sending a replacement.
- Note: shipment damage is not considered as DOA.
- Shipment costs are not covered by Heptagon Systems