General Terms & Conditions KazDuCo Trading and Engineering

 

 

                                                                                                                       Version 1.0 - 21 July 2008
1. Definition
The General Terms and Conditions are valid for the following entities: KazDuCo Trading BV, KazDuCo Engineering BV, KazDuCo Trading LLP and KazDuCo Engineering LLP hereinafter referred to as KazDuCo.
2. Validity
(1) Unless otherwise specified explicitly, the “General Terms and Conditions” set forth hereinafter shall apply to all contracts, supplies and other performances in the course of business with enterprises, legal persons of public law, public legal special funds and, as far as admissible, with consumers.
(2) The validity of deviating conditions, especially of those mentioned in the “General Terms and Conditions” of customers, are contradicted hereby.
(3) Within the framework of a running business relation with enterprises, legal persons of public law and public legal special funds, the General Terms and Conditions shall even become part of a contract, if their inclusion, in an individual case, has not been pointed out explicitly by KazDuCo.
3. Offer and Conclusion of Contract
(1) Any offers of KazDuCo are to be considered as being subject to change, unless they are defined explicitly as being binding.
(2) If and as far as offers of KazDuCo are based on information and specifications of the customer, the offers may be changed by means of written notification, if and as far as the indications and specifications of the customer turn out to be inaccurate, or if material circumstances will change during the execution of the work.
(3) Orders shall be regarded as being accepted once they are either confirmed in writing by KazDuCo or executed immediately after receipt of the order.
(4) In the event of KazDuCo, after the conclusion of a contract, is getting aware of facts which indicate that, due to the dutiful commercial estimation, the reimbursement claim of KazDuCo is threatened because of the insufficient capacity of the customer, KazDuCo shall be entitled to rescind the contract and to withdraw staff and supplied devices at the cost of the customer. Performances carried out by KazDuCo up to this time will have to be paid by the customer in accordance with the contract.
(5) If and as far as KazDuCo has produced or still has to produce special models for the customer, these are to be paid in full by the customer, in accordance with the contract, as soon as KazDuCo has started the production of these special models.
4. Payment
(1) Payments are to be made within 20 calendar days after the date of invoice at latest, without any deductions.
(2) A set- off claim from the part of the customer shall only be admissible to claims acknowledged by KazDuCo, or to claims stated legally valid.
5. Delivery
(1) The customer shall not be entitled to carry out changes, extensions or rebuilding on devices or tools in the possession of KazDuCo, as far as those have not become the property of the customer before.
(2) At any time, the customer shall be responsible for the proper and safe storage of the devices and tools in the possession of KazDuCo, which are not being in use at that time.
(3) In case of returning devices and tools, prior to the agreement of KazDuCo, these will be refunded with 35% of the material value at the time of the delivery, subject to the price list, as far as they are regarded as being sellable again, after the inspection of KazDuCo, and if their return to the KazDuCo site, or to any other place agreed upon before is free of costs for KazDuCo.
6. Delivery Times
(1) In principle, indicated delivery times shall not be binding. These may be extended proportionately due to force majeure and all other unexpected obstructions occurring after the conclusion of the contract, which are outside the responsibility of KazDuCo (especially breakdowns, strikes, lock- outs or disturbances of the traffic ways). KazDuCo shall inform the customer about the beginning and the ending of such obstructions if possible.
7. Change in Construction
(1) KazDuCo shall be entitled, even after the conclusion of a contract, to make changes or modifications on devices without notifying the customer in advance, as far as the purpose of the contract is not endangered.
(2) KazDuCo shall not be obliged to carry out changes or modifications after delivery of the equipment.
8. Passing of Risk
(1) In the event of leasing, the passing of risk to the customer shall come into effect when taking over possession.
(2) After receiving the materials and devices, the customer shall be obliged to inspect these immediately in view of any defaults. Obvious defaults fave to be complained about within 5 working days by written notice to KazDuCo.
(3) If such defaults are not complained about in time, KazDuCo, in principle, cannot be blamed for it at a later stage.
9. Minimum Invoicing
(1) In the event of leasing handling tools or any other equipment without staff, a minimum invoicing of ten days will be made.
10. Return
(1) Devices and materials are to be returned by the customer in an impeccable, clean state, otherwise the cleaning will be done through or by order of KazDuCo for account of the customer.
(2) Immediately after return by the customer, materials and devices will be checked by KazDuCo. There shall be made immediate written notice to the customer in case of defaults, which show wear beyond average or traces of improper use. The costs for remedies of defects shall be for account of the customer.
11. Reservation of Proprietary Rights
(1) KazDuCo reserves the right of proprietary regarding sold materials and devices until full payment of all outstanding debts has been made by the customer.
(2) In the event of the customer being in delay of payment, KazDuCo shall be entitled to a reclaim, and the customer shall be under the obligation to surrender possession on his own. Costs.
12. Warranty and Liability
(1) It is recognized that conditions in and about any well or work may involve hazards to life and property and obstacles to the functioning of products and the performance of services, and that such conditions are not and never have been subject to inspection or control by KazDuCo.
It is therefore agreed that:
(2) KazDuCo warrants only that products or parts therefore, sold or rented to customers shall be free from defects in materials and workmanship and not that they wilt accomplish any particular result. Liability under this warranty to replacement of or credit for defective equipment or parts.
(3) Services rendered by KazDuCo in connection with the safe of its products consists only of technical advice as to make-up, inspection and operation or use. When any such services rendered, customer will retain full custody, control and supervision of the work of the welt and the conduct of operation thereof, and a representative of customer shall be present with full authority to direct operations.
(4) KazDuCo will exert its best efforts to render other services offered by it as requested. No guarantee or representation is made as to results, and charges wilt be made regardless of results obtained. KazDuCo reserves the right to remove equipment and personnel from the well at any time if in its opinion welt or other conditions make such action advisable.
(5) Customer will hold KazDuCo harmless from any and all liability or claim of liability to any person, firm or corporation for damage to person or property arising out of or in connection with the use of equipment sold or rented hereunder or the rendering of services hereunder, except for damage caused by the willful fault or gross negligence of KazDuCo.
(6) All of the preceding terms and conditions shall apply between KazDuCo or any affiliate of KazDuCo and any service company, operator, or other party or parties, setting, renting, or using KazDuCo products, parts thereof, or services furnished hereunder.
(7) The entire liability of KazDuCo, including express and implied warranties, in connection with its products or services is set forth above, and no one is authorized to waive or amend the same in particular.
13. Data Storing
(1) Hereby, the customer shall be informed about the fact that KazDuCo will store the personal data received within the framework of the business relationship in accordance with the terms of the Federal Data Protection Act.
14. Changes in the General Terms and Conditions
(1) Changes in the General Terms and Conditions shall only be binding if they are made in writing and confirmed through signature of one of the authorized representatives of KazDuCo.
15. Place of Performance and Applicable Courts
(1) Place of performance and applicable court for supplies, performances and payment, as well as for all disputes arising between the parties, shall be the place of the international court in The Netherlands.