General Terms and Conditions
General Terms and Conditions KASTOshop Asia Pacific (Status 02/2022)
1. Area of application and providers
(1) These General Terms and Conditions apply to all orders placed by customers in the KASTOshop Asia Pacific of KASTO Asia Pacific Pte. Ltd., 25 International Business Park, #05-00 German Centre, Singapore 609916, (KASTOshop Asia Pacific).
(2) The range of products offered in the KASTOshop is aimed at customers regarded as entrepreneurs, i.e. who, at the time of concluding the contract, are transacting within the course of their commercial or self-employed activities.
(3) Our deliveries, services and offers are provided exclusively based on these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if not expressly agreed. We object to including any of the Customer's General Terms and Conditions which contradict our General Terms and Conditions.
2. Conclusion of contract and prices
(1) By completing an order in our KASTOshop Asia Pacific, the Customer submits a binding offer to purchase the goods. If we then send an automated confirmation of receipt, this does not yet constitute an acceptance of the purchase offer placed by the Customer. A sales contract for the goods comes into effect only once we have declared acceptance of the purchase offer or removed the goods without the prior express declaration of acceptance and shipped them to the Customer.
(2) The prices listed in our KASTOshop Asia Pacific are net prices. The applicable statutory value-added taxes will be added.
(3) Shipping and handling fees are not included in the prices.
3. Payment terms; default
(1) Purchase on account is the only payment method offered in the KASTOshop.
(2) After receiving a positive credit assessment, the following payment terms apply to purchase on account.
Sawing machines up to EUR 60,000:
- 10 days net after delivery or, if commissioning services are purchased, 10 days net after acceptance.
- 40% upon order placement or order confirmation
- 50% at the start of delivery or notification of ready for dispatch
- 10% after delivery, or if commissioning services are purchased
payable in each case in full within 10 days after receipt of invoice.
(3) We reserve the right to request the invoice amount in advance for purchases made on account when the credit assessment results are negative.
(4) If the Customer defaults on a payment, the Customer agrees to pay interest for late payments at a rate of 9 percentage points above the base rate. Furthermore, the Customer will be charged a lump sum of EUR 40. We reserve the right to claim further damages.
(5) If the Customer fails to fulfil their payment obligations on time or if it becomes apparent that their financial circumstances are no longer sufficient to cover a granted credit or deferred payment, we shall be entitled to declare all outstanding claims due immediately or request the provision of collateral security.
4. Set-off/right of retention
(1) The Customer has the right of set-off only if their counterclaim has been legally established or remains undisputed by us.
(2) The Customer may assert a right of retention only if their counterclaim is based on the same contractual relationship.
(3) If the Customer fails to fulfil their payment obligations, we are entitled to a right of retention regarding all future orders from the Customer, including those that have been acknowledged.
5. Delivery, transport risk, delivery dates, acceptance
(1) The delivery will be made via FCA FTZ Singapore (Incoterms 2020). Any additional freight charges up to the Customer's place of destination will be agreed individually at a later date.
We reserve the right to review the delivery date at the time of placing the order. The delivery time indicated for the respective product shall apply.
(2) Unless otherwise agreed, the products will be delivered at your request from our warehouse to your specified address. Bulky items shall be delivered free curbside, unless individual agreements have been made.
(3) Risk is transferred to the Customer when the goods are handed over to the forwarder, freight carrier, or another third party commissioned to perform the delivery. The transfer of risk takes place at the time of loading. If the Customer is in default of acceptance, this results in the transfer of risk.
(4) We shall be released from our obligation, if, within the scope of a congruent hedge transaction, our suppliers do not provide us timely deliveries, unless, we are responsible for the non-delivery. The Customer will be informed immediately of the lack of delivery, and consideration will be reimbursed without delay.
(5) We are entitled to make partial deliveries provided such deliveries are reasonable for the Customer, taking into account the interests of both parties. In such cases, we are responsible for additional shipping costs incurred. The transfer of risk takes place with the respective partial delivery. If we are in default with outstanding partial deliveries or cannot deliver outstanding partial deliveries, the Customer shall be entitled to withdraw from the contract in whole or to claim compensation for non-fulfilment of the entire obligation if the Customer has no interest in the partial delivery.
(6) In the absence of other provisions, acceptance shall occur after completing commissioning if this service is included in the delivery. The Customer will be notified that the product is ready for acceptance approx. 1 week in advance. If the deadlines pertain to or include assembly, the assembly will be deemed complete when the machine is ready for acceptance or testing. Upon notification of completion or testing, the Customer shall be obligated to accept the assembly or machine. If acceptance or shipment of the delivery item is delayed for reasons for which the Supplier is not responsible, the item shall be deemed accepted two weeks after notification indicating that the assembly or commissioning is complete, at the latest 4 weeks after notification that the item is ready for shipment.
6. Retention of title
(1) We retain title to the goods sold until all claims from the ongoing business relationship have been paid in full. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(2) The Customer may resell the goods in the ordinary course of business. In doing so, the Customer already assigns us all claims in the invoice amount, which the Customer accrues from the resale. We accept the appointment. However, the Customer retains the authorisation to collect the claims. If the Customer fails to meet their payment obligations, we reserve the right to collect claims ourselves.
(3) If the reserved goods are combined or mixed, we shall become co-owner of this new product in proportion to the invoice value of the reserved goods to the other goods at the time of processing.
(4) We agree to release the securities to which we are entitled upon request insofar that the realisable value of our securities exceeds the claims to be secured by more than 10%. We shall select the securities to be released at our discretion.
7. Warranty
(1) Unless expressly agreed otherwise, the Customer's warranty claims shall be governed by the legal provisions of the sale of goods (Singaporean Law) with the modifications specified in the following paragraphs.
(2) Regarding the quality of the goods, only our specifications and the manufacturer's product description are binding; any public promotions, statements, or other advertising by the manufacturer shall not apply. Samples, material qualities and structure of the products may vary from the information provided in the KASTOshop Asia Pacific. The information and illustrations on the product to be delivered or service are approximate descriptions unless an exact match is required for the contractual purpose.
(3) After receiving the goods, you are obligated to inspect the goods with due diligence for deviations in quality and quantity and notify us immediately of any apparent defects. This shall also apply to hidden defects discovered later from the discovery of the defect. The failure to inspect the goods and make claims for possible defects shall result in the loss of entitlement to assert warranty claims.
(4) In the event of defects, we shall, at our discretion, provide warranty through repair or replacement (supplementary performance). In case of repairs, we shall not bear the increased costs incurred due to transporting the goods to another location other than the place of performance, provided that such transfer does not comply with the intended use of the goods.
(5) If the supplementary performance fails twice, the Customer may, at their discretion, demand a reduction in the purchase price or rescind the contract.
(6) The warranty period is one year from delivery of the goods. This limitation does not apply to claims based on damages arising from loss of life, bodily injuries or impairment of health or the violation of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely on (cardinal obligation), and claims based on other damages resulting from an intentional or grossly negligent breach of duty on our part or our vicarious agents.
(7) Any individual agreements for the delivery of used items arranged with the Customer shall be concluded under the exclusion of any warranty.
8. Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence. We shall be liable for minor negligence of damage resulting from loss of life, bodily injuries, and impairment of health.
(2) In all other respects, the following limited liability shall apply: In the event of minor negligence, we shall be liable only for a violation of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and compliance with which you can regularly rely on (cardinal obligation). The liability for minor negligence shall be limited to the damage amount foreseeable at the time of conclusion of the contract based on the occurrence, which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
9. Further conditions
(1) All machine and system components are designed per the KASTO offering conditions and correspond to the latest state-of-the-art technology and the CE Directives and EN Standards. Machines and systems solely delivered by KASTO are accompanied by a CE Declaration of Conformity and have of the CE mark, confirming the fulfilment of these high safety standards. If the machine is a component of a complete system, a Declaration of Incorporation will be issued. If modifications are made to safety-related equipment and components by persons and companies not authorised by KASTO, the CE conformity and product liability on the part of KASTO will become void. The KASTO machines found in our online shop are standard products manufactured according to the KASTO factory standard. For deliveries abroad, all public charges (taxes, foreign value-added takes, other fees and expenses, customs duties, etc.) arising from or in connection with the conclusion or completion of the transaction shall be borne by the purchaser.
(2) Export control: The conclusion of an order between KASTO Asia Pacific Pte. Ltd. and the Customer is possible only in the case of non-critical export control inspection.
(3) Software use: KASTO remains the owner of all rights to the software developed for the saw. KASTO grants to the Customer the non-transferable, non-exclusive perpetual right to use the software of the delivered system within the scope of the performance specification. Any use of the software contrary to or outside the conditions of use specified in the service description as well as any change, modification or adaptation of the software by the Customer (e.g. software database request or similar) shall render the Customer's warranty rights null and void. In the case of the delivery of systems with several operating stations (network license), the use of the provided software is only permitted on the agreed number of data processing units. The installation of third-party software on the delivered system components is only permitted with the express consent by Supplier.
(4) Documentation:
All documents and documentation components (one copy) are issued in your choice of German, English or French.
10. Final provisions
(1) The Customer guarantees the safety for setting up on-site. The KASTO installation and assembly conditions apply to all assembly work. We reserve the right to make technical changes for the purpose of improvement or simplification.
(2) Should one or more provisions of these GTCs be deemed or become invalid, the validity of the remaining provisions shall remain unaffected.
(3) Contracts between ourselves and you shall be governed exclusively by Singapore law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention") shall not apply.
(4) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between ourselves and the Customers shall be the registered office.
(5) We reserve the right to technical changes serving the improvement or simplification of our products.
(6) The right of withdrawal does not apply in the KASTOshop Asia Pacific.