Terms and Conditions of Sales & Service for Novamar Ltd.
Varna, April 2024
The following terms and conditions apply between the parties unless otherwise specified in writing or in a custom contract agreement.
1. Pricing:
Price offers are valid for 30 days from the date of the quote unless otherwise stated. All prices exclude packaging, transportation, insurance, VAT, and other applicable government fees. Deliveries are made in full sales units. We reserve the right to adjust prices due to fluctuations in currency or unforeseen events that impact costs. We also reserve the right to correct any typographical errors in offers or confirmed orders. For emergency service calls between 18:00 and 06:00 local time or on weekends (Saturday and Sunday), an additional charge of EUR 425.00 will be added to the final invoice.
2. Limitation of Liability:
Novamar Ltd.’s liability for products or services is limited to the value of the product or the value of the work performed, whether at our facility or the customer’s location.
All product liability is waived if our products are:
a) used for purposes other than their intended function;
b) installed or used on mechanical equipment that exceeds the product’s specified limits for temperature, vibration, humidity, or other mechanical stresses;
c) subject to misuse or improper maintenance.
The seller’s responsibility is limited to replacing quantities proven to be defective. We are not liable for any loss or damage arising from the product or its use.
3. Delivery & Shipping:
Novamar Ltd. arranges shipping, with freight charges to be paid by the customer or recipient. We do not assume responsibility for insuring shipments unless this is agreed upon in writing or specified in the contract.
4. Payment:
Standard payment terms are net 20 days from the invoice date unless otherwise agreed. Prepayment is required for all new customers. Novamar Ltd. reserves the right to demand payment before dispatching goods if deemed necessary. Failure to meet the payment deadline will result in additional charges for the buyer. We retain ownership of the goods until full payment is received from the recipient or customer.
5. Product Use:
The buyer must be aware of the product’s features and application potential. Prior to use, it is the buyer’s responsibility to determine whether the product is suitable for its intended purpose. The buyer assumes all risks and liability in this regard. It is also the buyer’s responsibility to relay product information to subsequent purchasers if the product is resold.
6. Warranty:
The warranty period is 12 months from the date of delivery for newly manufactured parts and systems. For exchange units, the warranty is valid for 6 months from the delivery date.
Novamar Ltd. provides no warranty on the lifetime or functionality of any existing parts that were not replaced during an overhaul or repair process by our engineers (Including but not limited to Measuring heads for OMD, Valve box for OMD, etc.). The responsibility for these parts remains solely with the customer.
7. Complaints:
All claims concerning products must be submitted in writing and documented. Complaints must be made promptly and no later than 7 days after the receipt of goods. Claims regarding shipping damage must be made directly to the carrier at the time of delivery and must be noted on the consignment document.
8. Return of Goods:
No goods can be returned without prior approval from Novamar Ltd. All returns must be properly marked and pre-approved. Returns are only accepted for standard stock items that are unused and undamaged. If accepted, Novamar Ltd. will issue a credit note for 50% of the total value after inspecting the returned goods. Items that have been specially ordered, manufactured, or otherwise cannot be considered standard stock items are not eligible for return.
9. Exchange Pool Terms:
Exchange units must be returned within 30 days. The customer is responsible for the return and transportation costs of used units.
10. Force Majeure:
Unforeseen and uncontrollable obstacles that prevent the fulfillment of the agreement entitle the seller to either cancel the agreement in part or extend the delivery period and price adjustment for the duration of the obstacle. No liability shall be assumed by the seller for such delays. The seller is obligated to inform the buyer of such circumstances and their consequences.