Terms and Conditions
Awelastic interchangeable spare parts may incorporate a design of an OEM. The offered Awelastic spare parts are intended exclusively to be used for the purpose of repairing the machinery to restore it in its original condition.
Awelastic sells parts/ items that are interchangeable with OEM parts/items. Unless expressly specified otherwise, the part/item is not an OEM part/item as indicated by the ‘ Awelastic quality identification ‘stamp. All OEM names are trademarks or registered trademarks of each respective owner. Names, models and part numbers of OEM manufacturers are used in this website for cross reference and compatibility purposes only. Awelastic is not an official distributor of CENTA, VULKAN, KTR or any other OEM. Awelastic spare parts may incorporate a design of the OEM. The Awelastic spare parts are intended exclusively to be used for the purpose of repairing and restoring the machinery in its original conditions. Purchaser undertakes not to use Awelastic spare parts for any other purpose.
Awelastic.com website is established to serve other service companies and end users on a B-2-B base. Unless otherwise expressly agreed in writing by a duly authorized representative of Awelastic these T&C supersede all other communications and agreements and notwithstanding any conflicting or different terms and conditions in any order or acceptance of Purchaser, all sales and shipments shall exclusively be governed by these T&C. When used herein “affiliates” shall mean Awelastic and its subsidiaries, its parent company or its parent company’s subsidiaries. Section headings are for purposes of convenience only. “Products” as used herein shall include products, parts and accessories supplied to Purchaser by Awelastic.
Unless otherwise agreed in writing, Products manufactured, assembled or warehoused in the European Union are delivered, in accordance with the INCOTERMS in force at the formation of the contract. Where the scheduled delivery of Products is delayed by Purchaser or by reason of any of the contingencies referred to in section ‘Force Majeure’ of these T&C, Awelastic may deliver such Products by moving it to storage for the account of and at the risk of Purchaser. Shipping dates are approximate and are based upon prompt receipt of all necessary information and approvals from Purchaser. Awelastic reserves the right to make delivery instalments.
If Purchaser fails to pay any invoice when due, Awelastic may defer deliveries under this or any other contract with Purchaser, except upon receipt of satisfactory security for or cash in payment of any such invoice.
A service charge of the lesser of 1% per month or the highest rate permitted by applicable law shall be charged on all overdue accounts. Failure on the part of Purchaser to pay invoices when due shall, at the option of Awelastic. Constitute a default in addition to all other remedies Awelastic may have under these conditions of sale or applicable law. If, in the judgment of Awelastic, the financial condition of Purchaser at any time prior to delivery does not justify the terms of payment specified, Awelastic may require payment in advance or cancel any outstanding order, whereupon Awelastic shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall become due on the date Awelastic is prepared to make delivery. All instalment deliveries shall be separately invoiced and paid for without regard to subsequent deliveries. Delays in delivery or non-conformities in any instalment shall not relieve Purchaser of its obligations to accept any pay for remaining instalments.
RETENTION OF TITLE
The Product shall remain the property of Awelastic until paid for in full to the extent that such retention of title is valid under the applicable law. The Purchaser shall at the request of Awelastic assist in taking any measures necessary to protect Awelastic’s title to the Product in the country concerned. The retention of title shall not affect the passing of risk as provided for in these T&C.
Awelastic shall not be liable for loss, damage, detention, or delay, nor be deemed to be in default from causes beyond its reasonable control or from fire, strike or other concerted action of workmen, act or omission of any governmental authority or of Purchaser, compliance with import or export regulations, insurrection or riot, embargo, delays or shortages in transportation, or inability to obtain necessary engineering talent, labor, materials, or manufacturing facilities from usual sources. In the event of delay due to any such cause, the date of delivery will be postponed by such length of time as may be reasonably necessary to compensate for the delay.
AWELASTIC SPARE PARTS WARRANTY
Awelastic grants a two months spare parts warranty from (I) date of shipment or (ii) 500 hours of operation, whichever occurs first, on all spare parts. Awelastic’s replacement spare parts meet or exceed the OEM specification. This warranty is limited to Awelastic at its discretion replacing the defective part or refunding a customer the purchase price. To make use of the spare parts warranty customer needs to:
1. Follow Awelastic’s Return Policy (RMA)
2. Return defective part(s) via Awelastic’s return policy for inspection along with proof of service life
The spare parts warranty does not cover misuse, neglect, system upsets, shipping damage, or to any item that has been modified, repaired, or otherwise altered. This warranty is exclusive and in lieu of all other warranties, or conditions, written or oral, expressed or implied, including, without limitation, all warranties, or conditions, of merchantability or fitness for a particular purpose, all of which are hereby disclaimed. There shall be no liability for incidental, consequential or special damages, loss of sales, or any other damages, costs or expenses. Correction of nonconformities as provided above shall be Purchaser’s exclusive remedy and shall constitute fulfilment of all liabilities of Awelastic (including any liability for direct, indirect, special, incidental or consequential damage) whether in warranty, strict liability, contract, tort, negligence, or otherwise with respect to the quality of or any defect in Products or associated services delivered or performed hereunder.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AWELASTIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, however arising, whether in warranty, strict liability, contract, tort, negligence or otherwise, including but not limited to loss of profits or revenue, loss of total or partial use of the Products or facilities or services, downtime cost, or claims of the Purchaser for such or other damages whether on account of Products furnished hereunder or delays in delivery thereof or services performed upon or with respect to such Products. Awelastic’s liability on any claim whether in warranty, strict liability, contract, tort, negligence or otherwise for any loss or damage arising out of, connected with, or resulting from this contract or the performance or breach thereof, or from the design, manufacture,
sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, servicing, operation or use of any Product covered by or furnished under this contract shall in no case (except as provided in the section entitled “Patent Indemnity”) exceed the purchase price allocable to the Product or Part thereof which gives rise to the claim.
All causes of action against Awelastic arising out of or relating to this contract or the performance hereof shall expire unless brought within one year of time of accrual thereof.
ORDERS AND PRICES
An Awelastic quote is not binding and valid for 30 days from date of issue. The acceptance of Purchaser of the quote shall constitute the order to Awelastic. Awelastic has ability reject the order in case Awelastic deems this necessary. Such rejection reasons might include the fact an order is placed by a customer in a country to which Awelastic does not sell or if the product is out of stock. The acceptance of the customer’s order by Awelastic shall constitute the sales contract to which these T&C apply.
Prices to the Purchaser shall be the Awelastic list price in effect at time of order. Awelastic may, upon thirty (30) days prior written notice to Purchaser, change prices, or other terms of sale affecting the Products, by issuing new price schedules, bulletins or other notices. Purchases of used equipment shall be on terms to be agreed upon at time of sale to Purchaser. This price does not include any national or local property, license, privilege, sales, service use, excise, value added, gross receipts, or other like taxes which may now or hereafter by applicable to, measured by or imposed upon or with respect to this transaction, the property, its purchase, sale, replacement, value, or use, or any services performed in connection therewith. Purchaser agrees to pay or reimburse Awelastic, its subcontractors or suppliers any such taxes, which Awelastic, its subcontractors or suppliers are required to pay or collect, or which are required to be withheld by Purchaser. The price shall also be subject to adjustment in accordance with the published Price Adjustment Clauses, which price adjustment information shall supersede the terms of this Section, where inconsistent herewith.
Mistakes in information provided on Awelastic’s website or mistakes made by Awelastic in price setting can never result in binding agreements.
INFORMATION PROVIDED TO PURCHASER
Any design, manufacturing drawings or other information or materials submitted to the Purchaser remain the exclusive property of Awelastic. They may not, without the consent of Awelastic, be used for any other purpose for which they were provided, and they may not, without Awelastic’s consent, be copied or communicated to a third party.
Any assignment of an order or sales contract between Purchaser and Awelastic or any rights hereunder, without prior written consent of Awelastic. By a duly authorized representative thereof, shall be void.
Any order or contract may be cancelled by Purchaser only upon payment of reasonable charges (including an allowance for profit) based upon costs and expenses incurred, and commitments made by Awelastic.
If any provision herein or portion thereof shall for any reason be held invalid or unenforceable, such invalidity or enforceability shall not affect any other provision or portion thereof, but these conditions shall be construed as if such invalid or unenforceable provision or portion thereof had never been
The remedies expressly provided for in these conditions shall be in addition to any other remedies, which Awelastic may have under the applicable law. NOTE: Sale of the equipment or services described or referred to herein at the price indicated is expressly conditioned upon the T&C set forth herein. Any order or confirmatory action by the Purchaser hereunder, or any acceptance of such equipment of services, shall constitute assent to said T&C. Any additional or different terms or conditions set forth in the Purchaser’s order or other communications are objected to by Awelastic and shall not be effective or binding unless assented to in writing by an authorized representative of Awelastic.
APPLICABLE LAW AND DISPUTE RESOLUTION
The Lithuanian law is applicable to these T&C and any order or sale contract hereunder. Any disputes in relation to these T&C or any order or sale contract hereunder, shall be finally settled by the Courts of Lithuania.