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General Terms and Conditions of Sale

1. Definitions

  • Seller means Hilti Taiwan Co., Ltd.
  • Buyer means any corporate or individual customer who buys products from Hilti Taiwan Co., Ltd.
  • Goods or Products means the supplied items as agreed by both parties and as set out in the delivery note.

2. Payment Terms

  • Buyer shall have the obligation to pay the Seller when Buyer places an order to the Seller.
  • Unless otherwise agreed by the parties, the payment terms shall be as follows:
    • For new customer who purchases products for the first time or existing customers who has not purchased from Seller for more than one year, the price shall be paid upon delivery of products in cash (cash cheque) or by credit card, or prior to delivery of Products by T/T or wire transfer.
    • For regular customer, the price shall be paid on a monthly basis according to the credit term approved by Seller.

3. Sales Price

  • Seller has the right to adjust the product selling price at any time.
  • The product selling price does not include the 5% VAT. Buyer shall pay to  Seller the product selling price and the applicableVAT.

4. Shipping

  • Upon receipt of Buyer's purchase order, Seller will promptly arrange delivery of the ordered goods, and the delivery costs shall be borne by Buyer.
  • The ownership of the goods during shipment shall remain with Seller.
  • The Buyer shall inspect the goods immediately upon receipt. In case of incorrect shipment, and where the products damaged or defective, Buyer must notify Seller in writing or by telephone within 14 days (including holidays) from the date of delivery. Failure to notify the Seller within the time limit shall be deemed as acceptance of the delivered goods.
  • In case of any delivery problem due to the incorrect information provided by Buyer, Buyer shall bear the related shipping/delivery costs.
  • Seller reserves the right to decide on partial deliveries and any charges for urgent orders.
  • In the case of defects in partial deliveries, Buyer is not entitled to cancel the remaining undelivered orders.
  • For non-stock items, Buyer must notify Seller at least 60 days before the delivery date. If Seller is not notified in time, Seller will consider such order as an urgent order and the air freight will be borne by the Buyer.

5. Return Policy

  • Goods delivered shall not be returned without the prior consent of the Seller.
  • Authorized product returns shall be as follows:
    • Cleaning agents, foam fillers, HVU2 and HVU-TZ chemicals, fire protection products designated by the Seller (Product list) will not be accepted for return or exchange after delivery.
    • For products other than those listed above, returns must be requested within 14 days from the shipment date (including holidays), and the goods must be in original condition.
    • Buyer should provide the certificate of sales return or return the original invoice with the word “nullified” added.
    • Returns must be sent to Seller's designated location, and return shipping costs are borne by Buyer.
    • For the return of chemicals, as Seller cannot control the storage method / preservation of the Goods after they are sold and this may lead to the returned chemical goods to be un-resaleable, a handling fee of 50% of the total amount of the returned goods will be charged as disposal fee, unless the return of chemical goods is due to Seller's default. The minimum disposal fee is NT$1,000.
    • The Seller will not accept returns of non-stock items or discontinued products.
    • Products with special specifications customized to meet the Buyer's needs will not be accepted for return.
    • Seller reserves the right to handle returns in accordance with any local laws.

6. Transfer of Goods and Risk

  • Goods dispatched by Buyer are at the Buyer's risk until received by Seller.
  • Until Buyer has fully settled the outstanding payment or the cheque issued to Seller is cleared, ownership of the Goods remains with Seller, and Seller has the right to seize the Goods at any time and Buyer shall not object.

7. Product Warranty

  1. All products sold comes with product warranty. (The warranty period is shown in the individual product catalog).
  2. However, to the maximum extent permitted by Taiwanese law, the product warranty does not include:

        - Damage caused by Buyer's improper operation, negligence or error, including but not limited to accidents and wear and tear caused           by failure to follow the Seller's instructions for storage, handling, use, maintenance or mixing with other products.

        - Expenses incurred due to damage, shortage, or other consequences caused by Buyer, Buyer's employees, or Buyer's contractors;           where Buyer is responsible for any expenses or compensation owed to third parties, and Seller shall bear no responsibility.

        - Normal wear and tear or replacement of product parts.

        - Product defects caused by Buyer's fault or due to instructions from Buyer.

8. Limitation of Liability

  1. Seller shall be liable for damages for personal injury or death caused by Seller's willful misconduct or gross negligence.
  2. Seller shall not be liable for any legal liability for any infringement, negligence or other claims, damages or shortages caused by the following:

        - Events, default, negligence or breach of contractual payment obligations as a result of Buyer's willful default or mistake.

        - Indirect damages that do not have any direct causal relationship with the Seller, such as loss of profit, sales or revenue of the Buyer.

 3. The Seller's maximum liability for all legal liabilities arising from the product (including all liabilities and compensation arising from product     defects) shall be limited to the contract price of the product

 4. The Seller does not guarantee that the use of the product will not violate the rights of third parties, and the Seller shall not be liable for     any warranty or damages.

9. Sales-Related Services

  • Buyer shall ensure the safety of Seller's personnel (such as employees, agents and contractors) at Buyer's office premises, jobsite and construction site;
  • Buyer shall ensure that all necessary licenses and permits are obtained for the performance by Seller of sales-related services;
  • When performing sales-related services at the relevant construction site, Buyer shall provide sufficient power and lighting facilities;
  • Buyer shall ensure the occupational safety and health of the relevant construction site; and
  • Buyer shall be fully responsible for the death or personal injury of the Seller's personnel and the loss of Seller's property, unless caused by the negligence of the Seller or its agent.

Intellectual Property

Nothing in these terms and conditions shall constitute a transfer of any intellectual property. Seller acknowledges and agrees that, as between Seller and Buyer, Seller own all intellectual property in the Goods. Buyer must obtain Seller’s prior written approval in order to Hilti trademarks or brands.

Certificates

  1. If Buyer requests for original material certificate, the certification fee will be quoted separately by Seller and be borne by Buyer, and shall be paid to the Seller in the payment period for the products.
  2. For fire protection products that are not installed in accordance with the UL standard, UL construction certification will not be provided, and only the product sales certificate will be provided.
  3. The product sales certificate must be issued within 3 months after the product is sold, and any issuance request after the deadline will not be accepted.

Force Majeure

If any event or circumstance beyond the control or reasonable foreseeability of Buyer and Seller (such as natural disasters, war, labor disputes, government actions) prevents the performance of obligations, and this results in one party being unable to perform its obligations without any fault of its own, then the Buyer and Seller shall be exempted from performing their obligations during the period of such event or circumstance and to the extent of the impact of such event or circumstance.

Jurisdiction Agreement

In the event of any dispute or litigation arising from the subject matter of the sale and purchase, both parties agree to the Taipei District Court as the court of first instance with jurisdiction.