Terms and Conditions
These terms and conditions shall apply to all orders entered into by and between any distributor or any end-user of the goods, whichever the case may be (“buyer”) and Jekran Ltd. (“seller”). These terms and conditions and any seller quotation form submitted herewith or separately shall be collectively referred to hereinafter as the “agreement.” Seller shall accept orders, sell goods, and do business only upon these terms and conditions. Any additional or different terms in buyer’s purchase order or other purchase documentation are deemed material alterations to this agreement, and seller hereby gives notice of its objection to them. The term “goods” means all items sold and/or provided by seller to buyer, whether goods, materials, products to be manufactured and delivered, services to be rendered, or any combination thereof.
Seller guarantees that products supplied as “new” are free of defective materials and faulty workmanship. They are guaranteed for a period of 24 months from commissioning or 2000 operating hours whichever occurs sooner but no longer than 30 months after dispatch.
Repairs during the guarantee period
Should any failure due to defective materials, faulty workmanship or incorrect assembly occur within the guarantee period, seller reserves the right to:
- Decide between repair or replacement,
- Nominate a third party to carry out the repair or replacement works,
- Authorise the end customer to carry out repair/replacement.
In the event of c) seller shall reimburse the customer against invoice subject to seller’s decision regarding the validity of the guarantee claim and any subsequent works carried out by the customer. Seller can demand the return of damaged/replaced items and/or inspect the repair effected by the customer before making a decision. Any new parts fitted during the first 500 hours will be further guaranteed for 1000 operating hours or 12 months after fitting whichever occurs sooner. If 500 hours of the original guarantee period has been exceeded new parts fitted will be guaranteed for 500 hours or 6 months after fitting whichever occurs sooner. Exclusions are wearing parts and these are deemed to be: all protective coverings, bearings, rails, racks, pinions, belts, chains, caps, covers, seals, all moving parts of the seal assembly, pump head as well as the pressure regulating valve plus all valve seats together with items which are considered as consumable components.
Extent of guarantee
The guarantee covers all items of manufactured by the seller. Machinery and ancillaries purchased by seller from sub-suppliers such as, electric motors, pumps, pipe work, fittings, cover mechanisms, electrical controllers and electrical components, valves, sensors, manometers, transducers, hydraulic components etc. are covered by the original manufacturer’s guarantee and validity of claims are subject to their decisions. Seller guarantee however the correct installation of such machinery and ancillaries.
The guarantee includes the following:
- The supply of new or repaired parts at seller’s discretion.
- The cost of normal labour during standard working hours in adequate conditions necessary to effect a repair.
- Travel (and subsistence) costs by transportation and route of seller’s choice should seller. decide a repair must be effected on site.
- Economy rate freight of necessary parts to point of destination.
- For overseas countries point of entry into the country.
Seller. will bear all repair costs up to 200 operating hours (hereinafter called “total guarantee cost”). Over 200 and up to 500 hours seller will charge 25 %, over 500 and up to 750 hours 50 % and over 750 and up to 1000 hours 75 % of the total guarantee cost.
Costs to be borne by the end user:
- Costs incurred in transporting equipment on/in which goods are mounted/incorporated,
- The costs of providing equipment suitable for executing repair works,
- Freight costs in excess of economy rate,
- Importation costs incl. customs duty, inland freight etc.,
- Inland travel expenses if on site repair required,
- Premium or overtime labour costs.
Seller’s guarantee obligations are restricted to free of charge repairs including necessary parts. The guarantee is not valid if:
- Operation and maintenance procedures are not adhered to,
- Installation into other equipment is not, in seller’s opinion, correctly made,
- Accessories, attachments and spare parts not sold, manufactured or approved by seller are used,
- The product is operated with damaged or faulty components and/or safety device,
- The product is operated with fluids or at fluid temperatures other than specified at the time of purchase or if the maximum operating temperature and pressure is exceeded.
Seller cannot be held liable for disassembly and reassembly costs of equipment containing the goods nor for any incidental or consequential damages. Furthermore, buyer’s remedy with respect to any claim arising under this agreement is strictly limited to no more than the amount paid by the buyer for the goods.
Making a claim
A claim must be made sending a written statement of the issue immediately after the failure occurs to the seller. A receipt and a written reply confirming that the seller has taken note of the situation must be requested by the buyer.
Defective goods or parts returned to the seller should be sent freight pre-paid. If the claim is acceptable, the seller will reimburse the freight cost at economy rate. When shipping repaired or replacement parts, seller will pre-pay the freight at economy rate.
Payment Terms and conditons of sale
T / T Payment
– 30% downpayment with the order.
– 70% balance upon notice of goods ready for shipment
100% irrevocable L/C opened in a premium bank in buyer’s country, and confirmed by seller’s bank, payable as follow:
– 30% downpayment with the order.
– 70% balance upon notice of goods ready for shipment
All goods remain seller’s property until completely paid.
Pre-acceptance / inspection in Jekran factory
Buyer shall inspect all goods within ten (10) days after receipt thereof. Buyer’s payment shall constitute final acceptance of the goods and shall act as a waiver of the buyer’s rights to inspect or reject the goods unless otherwise agreed. If buyer rejects any goods, buyer must notify the seller by writing, coupled with a written confirmation that the goods can be returned before returning any goods to seller. Goods returned without a prior written approval will be refused. Seller will not be responsible for any freight costs, damages to goods, or any other costs or liabilities pertaining to goods returned. Seller shall have the right to substitute a conforming tender. Buyer will be responsible for all freight costs to and from buyer and repackaging costs, if any, if buyer refuses to accept shipment. If goods are returned in unsalable condition, buyer shall be responsible for full value of the goods. Buyer may not return any special-order goods, or goods which have been produced for sole use of buyer or customized to buyers specification in a way that goods are suitable only for that buyer. Any goods returned hereunder shall be subject to a restocking fee equal to 30% of the full invoice price in addition to the deposit amount. Seller gives the facility to the buyer to be present or have technical personnel on his/her behalf during the testing phase of the goods before these are packaged for dispatch.
Installation and training
When purchasing goods, installation and training is not included in the price unless this is agreed upon beforehand. If buyer purchases any goods that require particular installation, buyer shall, at own expense, make all arrangements and connections necessary to install and operate the goods. All required items such as lubricants, oil, air compressor, items for connections of hydraulic, electric and air, test materials to be used during training and all other possible requirements are subject to be provided and paid for in full by buyer. Buyer shall install the goods in accordance with any seller instructions and shall indemnify seller against any and all damages, demands, suits, causes of action, claims and expenses (including actual lawyers’ fees and costs) arising directly or indirectly out of buyer’s failure to properly install the goods.
Price & Offer validity
If any price quotation is stated on the face hereof, such price quotation shall be good only for a period of thirty (30) days from the date of such quote. Thereafter, the price for goods sold hereunder shall be the seller’s price in effect as of the date of shipment. All prices are ex works at the Jekran Ltd. plant of manufacture, unless otherwise stated. Prices also do not include any national, or local taxes or other governmental charges upon or with respect to the sale, purchase, manufacture, delivery, storage, processing, use, or consumption of any of the goods provided hereby. Prices are stated and payable in Euro (€).
Buyer may not suspend or cancel orders placed with seller, except with seller’s prior written consent and then only if buyer reimburses seller for all losses incurred due to such suspension or cancellation, including without limitation, all incidental and consequential damages and expenses arising therefrom. Direction from buyer to suspend or cancel any order may be treated as repudiation, making buyer immediately liable for loss, expense and other damages sustained.
Specifications & technical variations
Seller may, at its option, make changes in the designs, specifications or components of the goods to improve the safety of such goods, or if in seller’s judgment, such changes will be beneficial to their operation or use. Buyer may not make any changes in the specifications for the goods unless seller approves of such changes in writing, in which event seller may impose additional charges to implement such changes.
Seller shall not be responsible for any delay in the delivery of, or failure to deliver, goods due to causes beyond seller’s reasonable control including, without limitation, acts of God, acts of war or terrorism, enemy actions, hostilities, strikes, labour difficulties, embargoes, non-delivery or late delivery of materials, parts and equipment or transportation delays not caused by the fault of seller, delays caused by civil authorities, governmental regulations or orders, fire, lightening, natural disasters or any other cause beyond seller’s reasonable control. In the event of any such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay.
Work By Others; Safety Devices
Unless agreed to in writing by seller, seller has no responsibility for labour or work performed by buyer or others, of any nature, relating to design, manufacture, fabrication, use, installation or provision of goods. Buyer is solely responsible for furnishing and requiring its employees and customers to use all safety devices, guards and safe operating procedures required by law and/or as set forth in manuals and instruction sheets furnished by seller. Buyer is responsible for consulting all operator’s manuals, international and local safety standards, health and safety regulations and other sources of safety standards and regulations applicable to the use and operation of the goods.
Each of the rights and remedies of seller under this agreement is cumulative and in addition to any other or further remedies provided under this agreement or at law or equity.
In the event legal action is necessary to recover monies due from buyer or to enforce any provision of this agreement, buyer shall be liable to seller for all costs and expenses associated therewith, including seller’s actual lawyers’ fees and costs.
This agreement shall be construed and governed under the laws of Malta (MT), Europe, without application of conflict of law principles. Each party agrees that all actions or proceedings arising out of or in connection with this agreement shall be commenced, tried, and litigated only in the national courts sitting in Valletta, Malta. Each party waives any right it may have to assert the doctrine of “forum non conveniens” or to object to venue to the extent that any proceeding is brought in accordance with this section. Each party consents to and waives any objection to the exercise of personal jurisdiction over it by courts described in this section. Each party waives to the fullest extent permitted by applicable law the right to a trial by jury.
Jekran Ltd. makes every effort to ensure that our posted specifications, images, pricing and product availability are as correct and timely as possible. We apologize for any discrepancies that may occur. Seller reserves the right to make any and all changes deemed necessary in the course of business including but not limited to pricing, product specifications, quantities, and product availability.