Terms & Conditions of Business Taiwan

Document:AGB-ILAT-20220214

1. General
   1. For business transactions with INOVIS Live Automation Inc., the following general terms and conditions apply exclusively. These are also binding, without special reference, for all current and future business transactions with INOVIS Live Automation Inc. Deviations require authorised written consent from INOVIS Live Automation Inc.
2. Offer and prices
   1. Without specific mention, the offers are deemed to be ‘Ex-works’ with regard to the delivery options of our customers. If the manufacturer / supplier of INOVIS Live Automation Inc. reserves the right to reject the order as a result of the request, the offer shall lapse.
   2. Unless otherwise agreed, the prices are net, transport and packaging costs are excluded. Offers which are not clearly marked as binding offers are only valid as non-binding price quotations.
   3. All offers are valid for 30 days unless otherwise agreed.

   If the contract is awarded for the agreed service 30 or more days post offer date, INOVIS Live Automation Inc. reserves the right to increase prices appropriately if the relevant prices of its suppliers have increased.

3. Delivery period
   
   
   1. INOVIS Live Automation Inc. chooses the means of transport and the method of dispatch. If the purchaser deviates, the purchaser bears the additional costs.
   2. The delivery period specified in the order confirmation shall be deemed to be the date of delivery from Taipei, the registered business address of INOVIS Live Automation Inc. INOVIS Live Automation Inc. rejects responsibility for delays to delivery schedules due to delays by the carrier.

   The delivery period shall be extended if unavoidable events occur which are attributable to force majeure, but also customs revisions and similar.

4. International freight
   
   

   The determination of the delivery date for goods from abroad is based on the assumption that the delivery arrives at INOVIS Live Automation Inc. No liability shall be assumed for any kind of influences such as overbookings, missed bookings, strikes, technical defect from transport, as well as crashes / accidents and the like arising from (air and sea) freight companies.

5. Shipping
   
   

   All deliveries shall be made at the account and risk of the customer. Complaints regarding damage, delay or loss are to be reported by the recipient to INOVIS Live Automation Inc. within 8 days after receipt of the consignment. Complaints related to defective packaging must be received by INOVIS Live Automation Inc. on the day of the goods receipt.

6. Factory deliveries
   
   

   In the case of delivery and settlement directly by the delivery companies of INOVIS Live Automation Inc. the terms and conditions of sale of the respective delivery system apply. In this case, these sales and delivery conditions are not valid. Claims for damages or claims of a different nature cannot be asserted against INOVIS Live Automation Inc.

7. Payments / credit limits
   1. Unless otherwise agreed in the written order confirmation document, all invoices shall be payable before delivery. For initial deliveries and deliveries abroad, prepayment of funds shall be agreed without express written consent.
   2. Unauthorized discount or discount deductions will be charged. In case of late payment, a default interest of 5% will be charged from the expiration of the payment period. In addition, the customer shall bear dunning expenses and any further damage caused by default.
   3. Claims asserted by the purchaser on the basis of warranties or existing defects do not exempt him / her from the obligation to pay until a legally binding decision is taken. Notwithstanding the above terms of payment, INOVIS Live Automation Inc. reserves the right to deliver goods only against deposit, prepayment or cash on delivery. For initial customers, advance payment is always required. Advance payments are not interest-bearing.
   4. In the event of a delay in payment, subsequent orders may be withheld. After maturity, default interest of 5% is payable, plus a flat rate for dunning costs. INOVIS Live Automation Inc. may withdraw goods under retention of title. Refusal of ordered goods does not release the purchaser from the purchase price payment. All dunning and collection expenses in the event of acceptance or default of payment shall be borne by the purchaser.
8. Proprietary reservation
   
   

   The goods delivered remain the property of INOVIS Live Automation Inc. until complete payment. In the case of mixing or processing, INOVIS Live Automation Inc. is entitled to co-ownership of the new product. In the case of resale of the goods on credit, the retention of title shall be transferred to the purchase price. INOVIS Live Automation Inc. may, at any time, inform the debtor, which the purchaser has to name it. INOVIS Live Automation Inc. shall immediately inform the owner of the goods of any measures which could jeopardize the retention of title. The third party shall also be informed of the reservation of ownership.

9. Currency
   
   

   All prices are based on USD or Euro, unless otherwise stated in the offer. Since purchasing is often carried out in another currency, the foreign currency is used as the basis for the offer and converted into USD or Euro. The exchange rate of the offer day is valid. If the price underlying the offer deviates when the contract is awarded, the prices are recalculated according to the current exchange rate during the awarding of the contract. The respective (purchase) daily rates for foreign exchange rates of Bank of Taiwan apply as binding courses.

10. Returns / Warranty
    
    

    Warranty claims are limited to the conditions of the manufacturer / supplier. If delivery is not considered to be contractual at the time of acceptance, INOVIS Live Automation Inc. has the right to remedy the defects or to have them repaired by the manufacturer / supplier. If the removal of these defects is not possible within a useful period, a replacement delivery may be required. If a subsequent improvement or replacement delivery is not possible, the customer has the right to demand the reduction of the purchase price (reduction). On industrial processors and complete systems, INOVIS Live Automation Inc. grants a 12-month warranty period for the material and fabrication defect on the confirmed delivery date. This excludes software errors and software configuration errors as well as errors, caused by externally installed hardware. Excluding damage caused by natural wear and tear, force majeure, disregard of operating instructions as well as intervention by the customer or third parties in equipment without the written consent of INOVIS Live Automation Inc. If a serial number designation of the product (sticker / imprint) is missing, or if this has been removed by a third party, all warranty claims will expire automatically.

11. Material return / RMA
    
    

    Material returns are subject to the so-called “bring-in warranty”, which is described in a separate appendix for repair and warranty procedures. Terms of sale and delivery apply.

12. Liability for defects and damages

    Obvious defects must be indicated by the purchaser immediately, hidden defects must be indicated in writing, and with detailed details of the complaint. INOVIS Live Automation Inc. shall not be liable for technical faults caused by the purchaser to the delivered product.

    In the event of a justified complaint, INOVIS Live Automation Inc. may, after consultation with the purchaser:

    1. supply replacement (to the extent that they are still available in the market)
    2. reimburse the purchase price and withdraw from the contract

    The claims of the buyer expire in any case, if they are not claimed within 30 days. Compensation claims against INOVIS Live Automation Inc. are excluded in all cases, except for unlawful intentions or gross negligence of INOVIS Live Automation Inc. The purchaser shall have a corresponding obligation to exercise this obligation.

13. Cancellations
    
    

    Cancellations of orders are only possible with the written consent of INOVIS Live Automation Inc. Costs which have already been incurred or price increases by the manufacturer / supplier are to be assumed by the purchaser. Part deliveries of a framework contract must be called within the agreed deadline. In the event of a delay in delivery, INOVIS Live Automation Inc. may arrange the relevant deliveries and invoices.

14. Jurisdiction
    
    

    The legal relationship is subject to Taiwan law.

15. Severability clause:
    
    

    Should a provision in these terms of sale and delivery or a provision of other agreements be invalid, this shall not affect the validity of all other provisions or agreements.

16. Bring-in warranty for repair / warranty procedures

    The general sale and delivery conditions of INOVIS Live Automation Inc. apply.

    The warranty granted by INOVIS Live Automation Inc. is a “bring-in” warranty. This means that the device is insured by the purchaser in an RMA case and is sent free of charge to the address specified by INOVIS Live Automation Inc. For insurance and return transport INOVIS Live Automation Inc. assumes the costs within Taiwan If the invoice does not state otherwise, all hardware articles (new product) are subject to the warranty according to the legal requirements of 12 months. On occasions, the corresponding warranty is valid. Replacement of parts or repair does not extend the original warranty period.

    Reduction and change cannot be claimed during an agreed warranty extension.

    INOVIS Live Automation Inc. can only correct errors up to the interfaces of the system. Errors in connection with the periphery which were not acquired by INOVIS Live Automation Inc. are excluded from the warranty service. In the case of repairs of devices outside the warranty, a cost estimate will be issued for approval.

    Please enclose as far as possible with warranty settlements / returns:

    1. warranty proof, for example, a copy of the delivery note or invoice
    2. a comprehensible error description, which should be as detailed as possible. Please note that although the system is subjected to a general function check, only the specified errors are fixed.

    Return, if possible, in original packaging or equivalent packaging. Ensure sufficient insurance of the return. Replacement for loss or damage during transportation is not covered by INOVIS Live Automation Inc.

    In the case of a defect, please obtain an RMA number, as this is the only way to guarantee a smooth process of repair. You can obtain your RMA number on our homepage: www.inovis-group.com/support

    A processing fee will be charged for goods returned which do not reveal any faults despite thorough tests, as well as password-protected systems if you have not communicated the password. This charge currently amounts to USD$100. In the case of errors in the claimed warranty, INOVIS Live Automation Inc. is obliged to charge a processing fee or to return the goods.

    Please keep in mind:

    → Before returning a product, please obtain an RMA number at www.inovis-group.com/support

    → Goods dispatches are accepted only if they are received free of charge by INOVIS Live Automation Inc.

    → No warranty can be claimed if the goods have been damaged by improper packaging, or if the warranty seal or serial number has been damaged or removed, or if the system has been improperly opened.

    → INOVIS Live Automation Inc. assumes no liability for the loss of stored data. Please always back up your data before sending the device.

    In the case of transport damage, please notify the central office of the responsible transport company within 24 hours, otherwise claims for transport damage will be lost. Record all the conversations, contacts, date and time of the calls.