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Terms and Conditions

Terms of contract
Following terms and conditions are valid for any offer, contract and delivery done by IMT. Orders are valid only when confirmed in writing by IMT. No acceptance, promise or statement is valid until and unless confirmed in writing by IMT. IMT has the right to change without notice any of its services and any description, technical data, specifications, dimensions, weights and illustrations of its products.

Supply of the goods, delivery, shipment, transfer of risk
IMT undertakes to exert its best efforts to maintain delivery dates as stated, but IMT will not be responsible for any delay due to strike, lockout, shutdown, stoppage, force majeure or any other impediment to trade or production whose cause is not attributable to IMT. IMT shall have the right to refuse performance wholly or in part, and such refusal shall not entitle customer to any claim for damages. Shipment shall be at purchaser’s risk and charge from the time the merchandise leaves IMT. Goods are shipped in proper packaging. Skids are invoiced to purchaser at costs.

Copyright and Trademarks
Customer shall indemnify IMT against all costs, claims and expenses, damages, charges or liability whatsoever in respect of or arising from any claim for infringement of any letters patent, designs, trademark or copyright relating to any product supplied to the design of the Customer or following the instructions of the Customer.
Technical drawings, technical data sheets, graphics, installing instructions, or any other file are property of IMT and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without IMT prior written permission. Drawings and samples are property of IMT even if fully or partially invoiced to customer.

Prices
All prices are quoted ex works and are to be intended without VAT. Not included are charges for not reaching of the minimum quantity or and any additional cost for insurance and/or for express delivery. IMT reserves the right to modify the prices included in this price list without notice.

Payment
Payments terms are fixed by IMT and purchaser at the moment of the contract. Purchaser shall not be entitled to make any deduction from the amount of any invoice.
On expiry of the terms indicated and agreed, IMT is entitled to charge interests thereon at the ruling bank interest rate of overdrafts, without being required to notify purchaser of its intention to do so. IMT has the right to withdraw from any unperformed part of the contract and to demand cash payment for any outstanding invoice. Purchaser shall not be entitled to withhold payment of any invoice on the grounds of any claim not recognized by IMT as valid, nor shall purchaser have the right to debit any counterclaim against any invoice by IMT.
No agent or representative shall be entitled to collect any monies on behalf of IMT except on presentation of written authority duly signed by IMT or an official receipt by IMT.

Retention and assignment of title
IMT retains title in all merchandise supplied and in any credit balance still held in current account, until purchaser has paid all debts arising from the business transaction.

Claims
Any defect that purchaser may find shall be notified to IMT by registered mail within 8 (eight) days from the date of arrival of the goods. Any hidden defect shall be similarly notified within 8 (eight) days from its discovery, but in any event within 1 (one) years from the date of invoice.

Warranty
The warranty period is of 1 (one) year from the date of invoice. Warranty is limited to components which purchaser proves to be or to have become unserviceable due to faulty material, poor workmanship, or defective design, but does not cover transport damage or damage resulting from improper use, wanton and wilful damage, or normal wear and tear, and/or defect caused by corrosion or chemical substances for water treatment.
Warranty shall be deemed duly performed either by replacement or repair of the damaged or unserviceable component, at the sole discretion of IMT. These warranty provisions expressly exclude any more far-reaching claims whatever by purchaser, such as modification, alteration, reduction of value, and damages of any kind, including consequential damage to the merchandise or other objects.
The full cost of transport in both directions of merchandise returned under warranty is at purchaser’s charge. Unless purchaser has prepaid forwarding costs for returned merchandise, IMT has the right to refuse acceptance. Merchandise returned under warranty becomes the property of IMT.

Further provisions
In case of warranty we are not responsible for any other requirement not included in this agreement and not indicated here above. Purchaser can sell our goods to others by the respecting of our sales conditions. He is not authorized to bound us with warranty toward third parts. Goods’ return Purchaser can send back goods just after our written authorization. IMT reserves the right to deduct 20% of the value of the invoice to process the return. Merchandise that should be sent without prior authorization will be sent back to purchaser.

Place of performance, applicable jurisdiction
The terms of these Trading Conditions shall be subject to an interpreted exclusively in accordance with Swiss law. Place of performance for dispatch and payment is the registered office of IMT Ltd. 9434 Au, Switzerland. Applicable jurisdiction: Altstätten (St. Gallen District), Switzerland.