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Terms and Conditions of Sales

Definitions

“Seller” means Hilti Taiwan Co., Ltd.
“Buyer” means any corporate or individual customer who buys products from Hilti Taiwan Co., Ltd.
“Products” means object of sale agreed by the Parties and specified in this delivery order. 

Payment Terms

Buyer has the obligations to pay when it places an order with Seller.
Unless otherwise agreed by the Parties, the payment terms shall be as follows:
1. For new customers who purchase Products for the first time or existing customers who haven’t had transactions with Seller for more than one year, the price shall be paid upon delivery of Products in cash (cash check) or by credit card, or prior to delivery of Products by T/T or transfer.
2. For regular customers, the price shall be paid within a certain number of days after the invoice date approved by Seller.

Selling Price

Seller in entitled to adjust selling price.
The selling price specified in this delivery order excludes 5% VAT.  Buyer shall pay Seller selling price plus applicable VAT.

Delivery

After receiving Buyer’s PO, Seller will have Products delivered as soon as possible at Buyer’s cost.

Seller remains the owner of Products during shipping.
In case of any damage or defect of Products, Buyer shall notify Seller in writing or via telephone within two weeks upon their delivery (including weekends and holidays).
Buyer shall be responsible for any unsuccessful delivery resulting from incorrect information provided by Buyer, and bear all relevant shipping costs.
Seller has discretion on any request for partial shipping or express delivery, and relevant express delivery fees.
If there is any defect in Products in case of partial shipping, Buyer is not entitled to cancel the order for the remaining Products in the PO that has not yet been delivered.
For Products that are not running stock, Buyer shall notify Seller 60 days prior to the delivery date.  If Buyer fails to do so, the PO will be considered an urgent PO and Buyer shall be responsible for air shipping costs. 

Return Policy

Unless otherwise agreed by Seller, Products delivered under this delivery order cannot be returned.
Authorized return shall be made pursuant to the following:
a. Return shall be made within 14 days of purchase date.
b. Products shall be in its original state.
c. A certificate of sales return and allowance shall be issued, or the original invoice shall be returned.
d. Products shall be returned to the place designated by Seller, and the shipping cost shall be borne by Buyer.
e. If Products are chemicals, because Seller is unable to control their storage after they are sold, Seller cannot resell the returned Products.  Therefore, unless the return is due to Seller’s fault, Seller will charge 50% of returned Products’ total price as disposal fee.  The minimum disposal fee is NT$1,000; Seller will charge NT$1,000 if the disposal fee is less than the amount.
f. Seller will not accept return of Products that are not running stock or Products that are no longer available in the market.
g. Seller will not accept return of Products tailor-made for Buyer.

h. Seller reserves the rights to handle return requests in accordance with local laws and regulations.

Title Transfer and Risk of Products

Any risk relating to Products shipped from Buyer shall be borne by Buyer before Seller receives the Products.
Title to Products remains with Seller before Buyer pays all price under this delivery order or the payment check is cashed, and Seller is entitled to take back the Products anytime.

Warranty

1. Warranty applies to all sold Products subject to catalogue of respective products.
2. Subject to Taiwan Civil Code and/or Consumer Protection Act, the scope of warranty excludes the following:
- Damage caused by wrongful operation, neglect, or false action of Buyer, including without limitation accidents or wear and tear due to storage, processing, use, or maintenance not done according to Seller’s suggestions, or mixed use with other products. 

- Damage, shortage, or relevant costs caused by Buyer or its employee or subcontractor; Seller shall not be responsible for any expenses or damages payable to any third party by Buyer in this regard.

- Normal wear and tear or change of parts of Products.

- Defect attributable to Buyer or due to Buyer’s instructions.

Liabilities

1. Seller shall be responsible for any personal injury or death caused by Seller’s willful conduct or gross negligence.
2. Seller shall not be responsible for tort, neglect, or any other claim, damage, or shortage caused by the following:
     - Incident, dereliction of duty, neglect, or payment method in violation of contract due to Buyer’s willful conduct, negligence, or error.
     - Buyer’s loss of benefit, sales, or revenue; Buyer’s indirect damage not attributable to Seller.
3. Seller’s liability for defect or damage of Products shall be no more than the price of Products.
4. Seller does not guarantee that use of Products infringes no rights of any third party, and Seller makes no warranty nor shall it be responsible in this regard.

Sales-related Services

1. Buyer shall ensure that individuals from Seller (such as its employees, agents, and subcontractors) visit Buyer’s office and/or operation sites and construction sites in a safely way.
2. Buyer shall ensure that it has obtained all required licenses and approvals for Seller to perform sales-related services.

3. Buyer shall provide sufficient electricity and lighting facilities for Seller to perform sales-related services on site.
4. Buyer shall ensure safety and hygiene on site.

5. Buyer shall be responsible for death or personal injury of individuals from Seller and damage or loss of Seller’s property unless such death, injury, damage or loss is caused by Seller or its agent.    

Intellectual Property

Any contents in this delivery order shall in no event constitute transfer of any intellectual property rights.  You acknowledge and agree that we own all intellectual property rights of Products.  You shall obtain our written approval before using our trademark or brand.

Certificate

1) If Buyer requests material certificate, additional fee will apply.  The additional fee will be proposed by Seller and paid by Buyer together with the price of Products.
2) UL certification will not be granted if fire-resistive products do not comply with UL test standards; in this case, only sales confirmation will be provided.
3) Sales confirmation can be issued within three months after sale of Products; any request made after the period will not be processed.

Force Majeure

If any incident or situation unpredictable or beyond control of either party occurs (such as natural disasters, war, labor disputes, and government action) and prevents the party with no fault from performing its obligations, the Parties’ obligations will be waived during the period and within the scope of the above incident or situation.

Joint Liability

The responsible person of Buyer shall be jointly and severely liable for all Buyer’s obligations and liabilities relating to Products that Buyer orders.

Jurisdiction

If there is any dispute arising from or related to Products, the Parties agree that Taiwan Taipei District Court shall be the court of first instance.

 

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