|Terms of EROX AG|
"Goods" means any goods and/or services provided by Erox as ordered by the Client. ”Client" means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3. FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company's standard terms and conditions (as detailed below) which form part of the Client's contract with the Company. Terms and conditions on the Client's order form or other similar document shall not be binding on the Company.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by Swiss copyright laws, international treaty provisions and all other applicable national laws.
5. USAGE OF MATERIALS
5.1 Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use materials provided (i.e. the samples) only for the purpose of provided use.
5.2 The Client shall be take all responsibility for ensuring. He must check goods all the time before using. The Company bears no liability for any comissions or faults in these respects.
This limited warranty applies only to the original owner of an Goods and is not transferable to subsequent owners.
For any warranty claim to be considered, the bicycle must be brought in to an Authorized company or retailer on the same continent on which the product was purchased. If it is a bicycle then it must be in assembled condition and accompanied by the original, dated sales receipt for the bicycle. (Be sure to keep your receipt and owner manuals in a safe place.) This limited warranty is void if the Erox product is subjected to abuse, neglect, improper repair, improper maintenance, alteration, modification, an accident or other abnormal, excessive, or improper use.
7. LIMITATION OF LIABILITY
7.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises.
8. FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
9. GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of Switzerland and the parties hereby submit to the exclusive jurisdiction of the Swiss courts. The Client also take note that the German version of Terms & Conditions are based for any legal arguments.