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1. Term and Conditions

  •  The following Terms and Conditions of Sale and Delivery shall apply for the legal relations between the Customers and the respective GSA Industries company exclusively; GSA Industries shall not recognize any conflicting or differing Terms and Conditions of the Customer unless GSA Industries expressly approved the applicability thereof in writing. The following Terms and Conditions shall also apply in the event GSA Industries performs the delivery to the Customer without reservation while aware of the conflicting or differing Terms and Conditions of the Customer.
  • Any arrangements or collateral agreements variant from these Terms and Conditions shall only be valid provided such are confirmed by GSA Industries in writing.

2. Offers, Offer Documents, Order Confirmation

  • GSA Industries hereby reserves the rights to ownership of and copyrights on drawings, calculations and any other documents. This shall also apply to any written documents designated confidential. The Customer shall require the expressed written consent of GSA Industries to forward such documents to third parties.
  • A contract for delivery shall first be affected by way of a written order confirmation of GSA Industries, though upon delivery at the latest. The sending of a confirmation per remote data transfer shall satisfy the requirement for the written form. In the event GSA Industries can prove that it sent a statement per fax or remote data transfer by presenting a dispatch report, it shall be assumed that the Customer received such statement.

3. Prices, Terms and Conditions of Payment

  • All prices of GSA Industries shall be considered ex works plus the legally applicable value-added tax on the date of invoicing excluding packaging; packaging shall be invoiced separately.
  • Provided no other payment periods are agreed upon, payments are to be rendered as given at the time of quotation. Payment shall be rendered by way of bank remittance or check. The receipt of payment by GSA Industries shall be decisive with regard to the timeliness thereof.
  • In the event of delayed or deferred payment, GSA Industries shall be entitled to charge normal bank interest at 13% or current bank rate whichever is higherpublished by the RMI without requiring formal service of default. In the event the Customer is in default in payment, GSA Industries shall be entitled to recollect the delivery item until it is paid for in full or withdraw from the Contract without waiving its claims.
  • The Customer may only set off claims with undisputed counterclaims recognized by GSA Industries or recognized by a non-appealable judgment. The Customer shall only be authorized to exercise a retention right in the event its counterclaim is based on the same contractual relation.
  • In the event after the conclusion of the Contract GSA Industries becomes aware of circumstances which challenge the creditworthiness of the Customer or in the event of a substantial risk of its claim to payment due to dwindling assets of the Customer, or in the event the Customer falls into arrears over the payment of a purchase price, GSA Industries may request advance payment or collateral within a reasonable period and refuse performance until its request is fulfilled. In the event the Customer refuses to render an advance payment or provide collateral or in the event the period determined has lapsed without result, GSA Industries shall be entitled to withdraw from the Contract in whole or in part and demand damage compensation due to non-performance.
  • In addition to the legal requirements, the Customer may be served default by way of a reminder after the due date has passed. In the event the payment date is determined by the calendar, the Customer shall also fall into arrears without a reminder. In the event of the delayed payment of the Customer, GSA Industries shall, in addition, be entitled to retain all deliveries or performances.

4. Retention of Title

  • GSA Industries hereby reserves the right to title to the delivery items until all payments from the business relation with the Customer have been received.
  • In the event the Customer acts in breach of contract, in particular, in the event of delayed payment, GSA Industries shall be entitled to take back the delivery items after reminding the Customer and the customer shall be obligated to surrender the delivery items.
  • The assertion of the retention of title as well as the pledging of the delivery items by GSA Industries shall not be considered a withdrawal from the Contract.
  • The Customer shall be entitled to resell the delivery items within the ordinary course of business; the Customer hereby assigns GSA Industries all claims incurred by the Customer from the resale in the amount of the purchase price agreed upon by GSA Industries and the Customer (including value-added tax) in advance regardless of whether the delivery items are sold without being fabricated or after being fabricated. The Customer shall be empowered to collect such claims after the claims have been assigned. The authorization of GSA Industries to collect the claims itself shall remain unaffected thereby; GSA Industries, however, hereby agrees not to collect the claims as long as the Customer properly fulfils its payment obligations and is not in arrears in payment. In the event this is, however, not the case, GSA Industries may demand that the Customer disclose the assigned claims and their debtors, provide all information necessary for collection, surrender the related documents and inform the debtors (third parties) of the assignment.
  • The goods shall always be processed or transformed by the Customer on behalf of GSA Industries. In the event the delivery items are processed with other objects not belonging to GSA Industries , the GSA Industries shall acquire the joint title to the new item in proportion of the value of the delivery items to the other fabricated objects at the time of the fabrication.
  • In the event the delivery items are mixed with other objects not belonging to GSA Industries to the extent that they cannot be separated from one another, GSA Industries shall acquire the joint title to the new items in proportion of the value of the delivery items to the other mixed objects. The Customer shall keep in safe custody the joint title for GSA Industries
  • The Customer may neither pledge the delivery items nor transfer the ownership of such items by way of security. The Customer shall inform GSA Industries immediately in the event of any pledging as well as any attachment orders or any other third party dispositions and provide GSA Industries any information and documentation necessary to safeguard its rights. Enforcement officers and third parties are to be referred to the title of GSA Industries.
  • GSA Industries hereby agrees to release the securities to which it is entitled upon the request of the Customer to the extent such securities do not exceed the value of the claims to be secured by GSA Industries by more than 20%, provided such have not yet been satisfied. GSA Industries shall be responsible for selecting the securities to be released.

5. Deliveries, Delivery Period

  • The observation of agreed-upon delivery and performance dates shall require that all technical matters have been clarified and payments or any other obligations of the Customer have been fulfilled or will be fulfilled in due time. In the event technical matters have not been clarified and the customer has not fulfilled its obligations, the period shall be adequately extended.
  • Partial deliveries shall be permissible provided no disadvantages for use arise thereby.
  • GSA Industries hereby reserves the right to additional and reduced deliveries by up to 10%.
  • In the event the delivery is delayed upon the request of the Customer, the good shall be taken into custody at the risk and expense of the Customer at GSA Industries.
  • The delivery period shall be extended by the duration of the hindrance in the event of force majeure, strike, inability to perform not caused by someone’s negligence as well as any adverse weather conditions.
  • In the event the Customer falls into arrears in accepting delivery or violates any other cooperation duties, GSA Industries shall be entitled to give preference to other third-party orders and reasonably extend the delivery period. Irrespective of any further claims, GSA Industries shall be entitled to demand that any dam-ages it incurs in this regard, including any additional expenses be compensated.

6. Default in Delivery

  • GSA Industries shall be obligated to compensate the Customer for any damage caused by default in delivery. This shall not apply to lost profit or any damage due to interruption of operations.
  • In the event of ordinary negligence, damage compensation shall be limited to additional shipping costs, subsequent upgrades and to additional expenses for the purchase of goods in replacement after failing to set a grace period or in the event of loss of interest in the delivery.
  • The financial conditions of GSA Industries, the type, scope, and duration of the business relation and the value of the part supplied in favor of GSA Industries are to adequately be taken into consideration in good faith with regard to the amount of the damage compensation.

7. Shipping, Transfer of Risk

  • Unless specified otherwise in the order confirmation, delivery ex works shall be agreed upon. Shipping shall take place at the risk and expense of the Customer. This shall also apply to return shipments.
  • Any transport or other disposable packaging shall not be taken back.
  • To achieve & exceed international standards of excellence in all aspects of business with focus on customer delight through quality products, service and cost reduction.
  • To sustain leadership in development and manufacturing of Alfin / RCP Inserts by assimilating state of the art technology for competitive advantage.
  • To nurture high standards of business ethics and total quality management for strong corporate identity and brand equity.
  • To earn the trust and confidence of our clients be exceeding their expectations.
  • To achieve Excellency in Manufacturing and Quality, our ULTIMATE GOAL.
  • To provide best quality at the right price.

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