General Terms and Conditions
Validity:
These General Terms and Conditions apply to all cleaning and finishing services that NovoSail provides to its clients, insofar as there is nothing else compulsorily required by law or agreed upon in writing by the parties in individual cases.
Offers:
All NovoSail offers are non-binding, as long as not expressly indicated otherwise. In this case, the offer is binding for 30 days from the date the offer is made.
Additional special orders, such as pick-up and delivery of the contract goods, refusing the contract goods, sewing, altering, mending, and storing contract goods are negotiated and billed separately.
Order confirmation:
The agreement comes into effect with the client’s written order confirmation, after the client has been sent a written proposal by NovoSail.
Changes to the agreement:
Subsequent changes to the agreement are only valid in writing. If, during the fulfilment of the order, it becomes clear that the offered services do not correspond to actual conditions (e.g. state of materials, volume, materials), NovoSail will immediately inform the client of this fact and is authorized to bill any additional charges arising from such an occurrence.
Execution of cleaning and finishing:
NovoSail pledges to carry out the order professionally and carefully, taking care of the materials and in an eco-friendly way, and using eco-friendly, tested products and the additives of leading manufacturers.
Adherence to the contract:
The client shall deliver the contract goods to be processed by the agreed-upon date to the contract fulfilment location, allowing NovoSail to begin the order as agreed and without delay.
In case of force majeure, the order will be delayed as long as the force majeure situation makes it impossible to adhere to the NovoSail agreement. If the force majeure situation lasts longer than 30 days, each party reserves the right to cancel the contract at no charge, without having to pay damages to the other party. In these General Terms and Conditions, force majeure is understood to be, in addition to those conditions defined by law and jurisdiction, all outside or unforeseen events that are not under the control of NovoSail and which prevent NovoSail from performing its contractual duties.
If, during professional testing of object of the contract, or during the course of the cleaning and finishing, it becomes clear that the order cannot be carried out properly or only with an increased risk, NovoSail reserves the right to discontinue carrying out the order, unless the client instructs NovoSail in writing to continue with the process at the client’s own risk.
Fulfilment location:
The fulfilment location for delivery, payment and warranty shall be set down in the proposal.
Pricing:
If nothing else is agreed upon in writing, the valid prices of the current price list apply.
The offered prices indicated in the proposal include the VAT rates applicable at the time the proposal is drafted, if any VAT is due. If the VAT rate increases during the run of the contract, any resulting differences will automatically be added to the invoice.
If NovoSail is delayed in fulfilling the contract or has difficulty fulfilling the contract due to circumstances for which the client is responsible, NovoSail is authorized to bill the client for any additional cost incurred by NovoSail. Additional claims reserved.
Payment:
In the absence of other written agreements, a deposit of 50% of the order price is due at time the order is placed. The remaining amount is due without deductions by the pick-up deadline of the processed contract goods. In case of a payment delay, default charges of 7.5% per year shall be due from the client.
NovoSail reserves the right to withhold the contract goods until payment has been made in full.
Contract goods defects, liability and compensation for damages:
NovoSail is not responsible for defects present in delivered contract goods. NovoSail is especially also not liable for damages (seams, windows, material wear-and-tear, weak points as well as insufficient cloth strength, prints, labels or material designs, previous unprofessional processing and hidden defects) that could not be recognized by a simple viewing of the goods.
NovoSail is not responsible for differences in colour resulting in any way from cleaning and finishing the contract goods. Furthermore, stickers, printed designs or sewed on metal fittings such as shackles or similar may come loose during NovoSail’s cleaning and finishing process, for which NovoSail is not liable. The same applies to vinyl windows, which may lose their transparency through UV rays and moisture due to their lack of UV resistance.
If the material is especially grimy or weathered, it may become damaged (loose seams and prints, as well as coating, shrinkage and discoloration).
Should NovoSail cause damage to the contract goods during processing despite taking extreme care, the client must submit its list of obvious defects to NovoSail at least 8 days after the contract goods are returned, or for hidden damages as soon as they are discovered. The client loses its claims stemming from the defect warranty of the cleaning and finishing contract after this notice period expires.
Initially, the client has a claim to the correction by NovoSail of any damages caused by NovoSail. If the improvements do not correct the defect, the clients may demand a price reduction.
NovoSail is liable for deliberate breaches of its duties, or for breaches caused by gross negligence. For breaches caused by negligence, the liability is limited to a maximum of three times the value of the contract for the corresponding order, insofar as no other legal regulation has priority.
NovoSail is liable for the loss of contract goods in the unlimited amount of the present value of the contract goods.
In case of dispute over damage claims, an independent expert or lab will be assigned to investigate. Shipping and investigative costs shall be billed to the client. If the investigation shows that NovoSail processed the article incorrectly, the client will be reimbursed for the above-mentioned costs.
Pick-Up:
Pick-up deadlines are only liable with the expressed written confirmation by NovoSail.
The client must pick up the contract goods within 1 month after the pick-up date confirmed by NovoSail. If the client does not pick up its contract goods within this period of notice, NovoSail is authorized to charge rent from the 1st month after the delivery deadline for the storage of the contract goods until they are picked up. The rental amount is determined by the General Rental Terms and Conditions of NovoSail. Any default charges for the cleaning and finishing price remain unaffected by this.
If the contract goods are not picked up within one year of the delivery date, and if NovoSail does not know the client or the client’s address, it is authorized to utilization according to the law, if the client gets in touch with NovoSail prior to utilization. Contract objects whose proceeds exceed neither NovoSail’s processing costs nor those of the utilization procedure may be utilized economically judicious manner and freely. The client has the right to any utilization proceeds, minus any processing, storage or utilization costs.
General:
If any individual conditions of these General Terms and Conditions become infective, this shall not affect the legality of the remaining conditions.
This contract is exclusively subject to the laws of the fulfilment location.
The official courts of the fulfilment location are exclusively responsible for any disputes resulting from this contract.
Jan/08
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