General Business Conditions of Insensation Inc.
1. Application and Usage
1.1 The following General Business Conditions (GBC) apply unless other written agreements are made. Ordering products or services of Insensation Inc. (hereafter referred to as Insensation) automatically acknowledges these conditions by the buyer. The buyer also acknowledges these conditions for every subsequent order, even if they are not specifically mentioned.
1.2 Insensation reserves the right to change or update the GBC at any time. The new conditions become effective 30 days after publication.
2. Estimates, Order Confirmations, Prices
2.1 Only written communication and orders are acknowledged by Insensation. Estimates are only valid for the prices and duration offered in writing.
2.2. The cancellation of orders with Insensation is not allowed.
2.3 Pricing is always calculated using the latest price lists of Insensation. Insensation reserves the right to change these at any time.
2.4 Estimates, technical documentation, CAD drawings, samples, prototypes etc. are the property of Insensation and may not be given to any third party without our written permission.
2.5 Verbal statements or commitments are only valid if confirmed in writing by Insensation and the buyer.
2.6 A contract with Insensation is considered valid after we have received the deposit. The production documentation stipulates the quality and materials for each contract.
3. Delivery, Delivery Times
3.1 Delivery times start after the confirmation of all technical, qualitative and quantitative details, as well as the receipt of the deposit.
3.2 Delivery times are not binding. We give utmost effort to honor the stated delivery times. Delays do not allow the buyer to apply any financial or other penalties, nor to reduce the amount due according to the order confirmation.
3.3 Any required help, human or with machines, to unload our deliveries is to be organised and paid for by the buyer.
3.4 Partial deliveries or delays on the building site can result in a price increase from Insensation.
3.5 Insensation’s responsibility for damages occasioned by shipping ceases upon receipt of a signed Bill of Lading of carrier indicating Goods received in good condition. If any damage has occurred in shipping, it must be noted on the carrier Bill of Lading and Insensation notified in writing immediately. Buyer shall be bound by individuals signing the Bill of Lading at the job location detailed on face hereof. Inability to deliver due to nonacceptance or absence at scheduled time and location may result in additional freight charges. Insensation is not liable for any delay or failure to deliver or perform due to strike, lock outs, or other labor difficulties, accidents, fires, Acts of God, or other cause of like or unlike nature beyond its control. The buyer is responsible for ensuring that the goods ordered will fit through or into any hallways, doorways, or elevators necessary to bring the goods into the project location. Insensation does not provide installation services. Installation services are contracted at the sole discretion and responsibility of buyer.
4. Payment Terms
4.1 Unless otherwise agreed in writing, all orders are paid with 50% deposit at order confirmation and 50% before delivery.
4.2 All costs related to non-payment by the buyer as well as 10% interest can be charged by Insensation.
4.3 Projects which take longer than 6 months to proceed into production may be subject to additional deposits.
5.1 Insensation guarantees all products for a period of 2 years after delivery. Within this time, defective products which can be proved to be caused by material, workmanship or manufacturing errors will be replaced. The guarantee on lighting and electrical components is limited to the manufacturers guarantee of these products.
5.2 All claims against Insensation, including defects, shortages, and errors, must be made in writing by the buyer within ten (10) days after delivery of goods. Failure to make any claim within such ten (10) day period constitutes acceptance of goods and a waiver of any such defects, shortages, errors or other claims.
6.1 All court or legal proceedings related to these conditions, our company or its products are to be held in the City of New York.
New York, November 2019