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Delivery, Time of deliveries
Agreed times of delivery can never be considered as fatal terms. If ITT Controls does not deliver the agreed performance on time or at all, the other party must provide a written statement, stating a reasonable term to still deliver the performance.
ITT Controls has the right tot execute the agreement in parts; every partial delivery or partial performance can be charged separately.
The goods are delivered ‘ex works’, which means that the risk for the deliverable goods, is transferred to the other party on the moment of delivery.
Shipping or transport of the affairs occurs at the other party's expenses and risk and in the manner, chosen by ITT Controls . ITT Controls is not responsible for any sort of damage - be it on the affairs itself or anything else - that is connected to shipping or transport.
If, because of a cause that lies within the risk of the other party, it is not possible to deliver the agreed performance or affairs (in the agreed manner), ITT Controls has the right to store the affairs and/or affairs that are necessary to execute the agreement at cost and risk of the other party. The other party must enable ITT Controls to still deliver the performance or goods, within a time frame that is given by ITT Controls after the announcement of storage has been received.
If the other party still fails to meet its obligations after the time frame mentioned in the previous regulation, he is immediately in default. ITT Controls then has the right to partially or completely annul the agreement via a written statement and to sell the affairs to third parties. The selling of these affairs does not oblige ITT Controls to pay for the other party's claims of damage, costs and interest. The former still obliges the other party to pay for any
(storage-)costs, costs for the delay, loss of earnings or any other damage. ITT Controls does also still have the right to demand that the other party's obligations are met.
If the other party fails to meet his obligations mentioned in regulations 5 and 6 of this article or his payment obligations and the other party will not pick up the goods he ordered within 2 (two) months after being informed by ITT Controls that the goods are available to the other party, ITT Controls will become the rightful owner of the goods, without obligation of ITT Controls to pay for the other party’s claims of damage, costs and interest. The former still obliges the other party to pay for any (storage-)costs, costs for the delay, loss of earnings or any other damage. ITT Controls does also still have the right to demand that the other party’s obligations are met.
An agreed time of delivery is only valid after ITT Controls has received all necessary information and the possible (advance)payment from the other party. If this causes a delay, the time of delivery will be extended accordingly.
TERMS AND CONDITIONS
Terms and conditions
Termes et Conditions
Términos y Condiciones
ITT Controls - Hydraulic Control Systems
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