General Sales Terms
1. Every new unit sold by Russell Finex is warranted free of any defects in material and workmanship, which said warranty extends for a period of one year from the date of original delivery of the purchaser of such new unit. The obligations of Russell Finex resulting from this guarantee is limited, with exclusion of any other obligation, to the replacement in its factory of any parts or part of unit, which the manufacturer's examination shaft disclose to have been thus defective and this obligation will cease:
if the unit has been used under conditions which are not those of normal functioning.
if the unit or the part deemed defective has not been returned free of charge to its factory for examination within the twelve (12) months following the day of delivery.
if the machine is being used without having installed between the motor and the power source an adequate magnetic starter for Low Voltage and Overload Protection, or if the capacity of the overload exceeds the maximum amperage as indicated on the motor nameplate.
In no case shall the guarantee of Russell Finex be applicable to units or parts thereof, which shall have been repaired or altered outside the manufacturer's genuine or recommended parts have been installed nor to any unit or parts thereof which have been subjected to misuse, negligence or accident.
2. With the exception of express agreement to the contrary all sales are made ex factory, all costs, risks and ulterior perils being for account of the buyer. The delivery delays mentioned are indicative as to the date at which Russell Finex shall endeavour to have the machine put at the disposal of the purchaser, but shall not be a commitment. Russell Finex shall not be liable for non-delivery, due to causes beyond its reasonable control, amongst which shall be included production hold-up, impossibility to obtain labour, raw materials or railway transportation.
3. As regards order for repeat deliveries or repeat order, the lack of regular payment of the price of one delivery or one order at the stipulated date entitles Russell Finex to withhold or cancel all further deliveries and shall be deemed cause of cancellation of all or part of the contract not yet delivered, at buyer's prejudice and expense.
4. Russell Finex's invoices shall be payable in Mechelen without discount or commission at the agreed date. Any delay in payment shall automatically and without notice entitle the debit of an interest of 1,5 % per month. When Russell Finex shall issue draft for acceptance by the buyer, it shall carry the net collectable value on the place of Mechelen and shall in no way constitute novation of the debt resulting from the sales contract.
5. The designs, models and patents, relating to machines sold are protected and Russell Finex is licensee thereof. The purchaser is committed not to divulge to non authorised third parties information relating to such designs, models or patents and not to make use of these designs, models or patents, or parts thereof, neither for the manufacture of identical parts or machines as sold, nor for incorporating of parts of sold machines into other machines.
6. Any disputes relating to the execution or to the interpretation of a sale made by Russell Finex are of the competence of the Antwerp Law Courts, subject to Belgian Law, Russell Finex reserving however the right to sue at the buyer's court of domicile.
7. Purchaser's order is accepted on the above conditions and excludes any other conditions, especially all those conditions expressed in purchaser's order that are different, except when expressly and in writing accepted by Russell Finex.
8. We remain owner and titleholder of the equipment sold until payment has been made in full.