Terms and Condition
Article 1 General
1.1. These general terms and conditions will apply to all agreements which
the private limited company, NS-Automation (hereinafter: “NS-Automation”),
concludes with another party (hereinafter: “the other party”). Deviations
to these terms and conditions are possible in mutual consultation, yet can
only be made in writing.
1.2. The applicability of the general terms and conditions of the other
party is explicitly excluded.
Article 2 Offers
2.1. All offers made by NS-Automation are free of obligation, unless
explicitly agreed otherwise.
2.2. An agreement will only be concluded if NS-Automation has confirmed an
order in writing or
has executed it.
2.3. In deviation from the provisions of article 2.2, NS-Automation is
entitled to refuse to make
repairs to electronic devices (even if they have been sent) if, during
appears that repair is not possible.
2.4. Amendments and additions to the agreement concluded with
NS-Automation will only be
binding if these amendments and/or additions have been agreed in writing.
Article 3 Execution of the agreement
3.1. NS-Automation will make every effort to execute the agreement
concluded as well as possible and within the time periods stated in the
agreement. If (timely) execution is not possible, NS-Automation will
inform the other party of this as soon as possible. NS-Automation will not
be in default solely due to the time periods stated in the agreement
Article 4 Prices and payment
4.1. Unless explicitly agreed otherwise, NS-Automation will charge its
usual prices for items sold and the work it has carried out.
4.2. Unless otherwise agreed NS-Automation will carry out repair orders at
fixed prices. These fixed prices will be charged based on the “no cure, no
4.3. In the event of “rush orders”,
NS-Automation will charge its normal fixed price as well as a rush
surcharge. With regard to the fixed price which applies to the rush order,
the “no cure, no pay”principle laid down in article 4.2 will apply. The
rush surcharge applying for the rush order must always be paid, even if
the repair does not result in the desired result. As well as the
aforementioned fixed price and the rush surcharge, NS-Automation will also
charge the hours needed for the repair for rush orders at the usual
NS-Automation hourly rate (depending on the time of day). Rush orders in
the meaning of this article must be seen as all orders which must be dealt
with by NS-Automation within 48 hours and, furthermore, all orders in
respect of which NS-Automation has agreed with the other party that they
must be qualified as rush orders.
4.4. If in deviation from article 4.2 it is agreed that a repair shall not
take place based on a fixed price, NS-Automation will charge the usual
prices based on subsequent costing (hours worked and materials used). The
other party will owe the price calculated on the basis of subsequent
costing, even if the repair did not have the desired result.
4.5. If a price has been agreed and the execution of the agreement by
NS-Automation requires General Terms and Conditions, 1 September 20052
more time or results in more costs than reasonably could have been
expected due to more expensive parts being needed for the repair, or if
the other party provided unsubstantial information, or because changes
were made to the original agreement after the conclusion of the agreement,
NS-Automation is entitled to increase the agreed price by a reasonable
4.6. In accordance with article 4.5, NS-Automation will inform the other
party of a price increase in advance. The other party is authorized in
such a case to dissolve the agreement with NS-Automation within fourteen
(14) days after the notification has been made.
4.7. All prices stated by NS-Automation do not include VAT. 4.8.
NS-Automation is entitled, prior to the execution of the agreement, to
payment of the (expected) price. In addition, NS-Automation is entitled to
invoices during the term of the agreement. 4.9. All invoices sent by
NS-Automation must be paid within fourteen days after invoice date,
unless otherwise stated on the invoice or otherwise agreed. In the event
of delayed payment, the other party will be in default by operation of law
without further notification of default being required. During the default
of the other party, NS-Automation is entitled to interest payments of 1.5%
per month on the outstanding amount. In addition, it is entitled to
compensation for the extra-judicial collection costs incurred, which are
fixed at 15% of the outstanding amount, unless the actual costs were
4.10. With regard to the invoices sent by NS-Automation, the other party
cannot have recourse to suspension or offsetting.
Article 5 Cancellation
5.1. The other party can only cancel an agreement already concluded after
written consent from NS-Automation.
5.2. If the other party cancels, in part or in full, an order given to
NS-Automation in accordance with article 5.1, it is obliged to compensate
NS-Automation for all costs incurred and to purchase any parts and/or
materials already ordered by NS-Automation. NS-Automation is also entitled
in such a case to request compensation from the other party for earnings
lost by NS-Automation.
Article 6 Warranty
NS-Automation is accepting warranties within the period of 12 months after receiving the parts. Shipping back the parts is customer's responsibility. In case of dead on arrival or the part gets defect in the warranty period, the customer is obliged to return the part to NS-Automation for inspection unless else is agreed.