Terms of contract
Following sales and delivery conditions are strictly binding for any offer, contract , delivery and any other service performed by IMT, even in those cases when the customer expressly dictates otherwise, or when he is reserving the use of his own purchasing conditions. By placing the order, the customer agrees to full compliance with these Terms and Conditions. Any exceptions require our written confirmation before delivery. The mutual obligations contained in the sales and delivery conditions are valid starting from the date of IMT confirmation of order, with the exception of some special written agreements. These general terms and conditions can be modified by IMT any time unilaterally and without consultation with the customer.

Offer and contract conclusion
All offers and catalog information, including dimensions and illustrations, are always non-binding. We expressly reserve the right to make technical modifications in design, form, material, etc. Contracts are made only by our written order confirmation, or if such is missing, by our invoice or delivery documents. Verbal or telephone agreements are only binding if confirmed by us in writing. Once orders are placed they are irrevocable.

Rights
In case of infringement of any foreign patent, sampling or trademark rights resulting from the manufacture and supply of special items in accordance with drawings, sketches, samples or specifications supplied by the customer, the customer is liable for any resulting damage, and he has to compensate us for the loss of profits incurred. All drawings, technical descriptions, installation, operation and maintenance instructions and other documents are our property and may not be copied, reproduced or be made available to any third party without our written permission. Samples and drawings remain property of IMT even if the customer bears the costs for all or a part of those.

Prices
All listed in our list prices are retail prices in Euro per unit, excluding VAT, packaging included. Not included are small order surcharges, insurance and express delivery charges. IMT reserves the right to modify the prices anytime.

Payment conditions
Payment shall be agreed between IMT and customer signing the contract. If the customer exceeds the agreed payment period or if he stops payments, all of our claims are due immediately. The customer is not entitled to withhold payments because of complaints or defects or to offset counterclaims.

Shipping conditions
Our goods are carefully packaged according to the industry practice usance and travel at the risk of the recipient. Each risk is transferred to the customer when the goods leave our warehouse or are made available to the buyer at our warehouse. A transport insurance is foreseen only on the express instructions of the customer and on his own charge.

Delivery times
The agreed delivery dates will be met where possible. However, IMT is released from any liability for the consequences of delay due to any mishap occurring during fabrication as well as cases of ‘ force majeure’ or strikes. A delay in delivery does not entitle to claim for compensation or to cancel the order. If the customer is in default with his obligations to us, we are entitled to withhold deliveries.

Claims
Complaints about weight, quantity or quality of the delivered goods must be notified within 8 days from receipt of the consignment. Any defect or hidden defects in the quality of the goods that the purchaser may find at a later stage, but before the expiry of two years from the billing date, must be promptly notified , yet no later than 8 days following discovery of the defect. In any case, the complaint must be made by registered letter.

Warranty and Liability
The warranty for proven design, manufacturing and material defects in the products we manufacture is 2 years from date of invoice. Foreign products are subject to the warranty regulations of the manufacturer. For defective products we offer repairs or replacement at our discretion. Any further liability for damages or other claims of any kind, including lost profits and other direct or indirect damages are expressly excluded. Excluded from warranty are damages that are caused by normal wear and tear, improper installation or handling, excessive use, or exposure to aggressive or hard water, corrosive residues from the system, or chemicals from water treatment. Where changes are made in our products, parts are replaced or added, foreign bodies are used, or our specific guidelines such as installation, operation and maintenance instructions are not followed, warranty does not apply.

Limitation of Liability
In a warranty case, we do not assume any liability for contractual and extra-contractual claims, which exceed the circumscribed services specified in section "Warranty and Liability". Mandatory provisions of law are reserved. The customer agrees to exclude liability claims of warranty toward the buyer, as well as other contractual and non-contractual claims within the legal possibilities and with validity for us. The customer has to notify us immediately about all those claims, which an ultimate buyer with the warranty for our products substantiates or could substantiate. The customer is not entitled to recognize a liability for warranty at our expence or to transfer any warranty claim to third parties.

Returns
Returns that are not due to incorrect delivery from our part, require the prior agreement made with us and are subject to a deduction for the reimbursement of at least 20% of the total amount of the goods. Without our consent returned goods will be returned to the sender and therefore shall not be accepted.

Reservation of title
The delivered goods remain our property until full payment is received. If the customer resells the goods, he transfers all claims deriving from the contract of resale automatically to us. If for the validity substantiation of the reservation of title or for the transfer of claims other arrangements are required, as for instance an incorporation or a written single assignment, the customer agrees to fulfil them on our first request. In particular, with his order the customer authorizes us to register him on any Property Register.

Performance, jurisdiction and applicable law
Place of performance for any liabilities contained in the contract and place of jurisdiction for both parties is 9434 Au (Canton of St. Gallen), Switzerland. We are also entitled to sue the customer at his own place. In other respects the contract is subject to the provisions of the Swiss law, to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods).