Triax TSI 003 300430 Manuel D’Utilisation

All sales of the seller’s products are made 

according to the following conditions which have 

preference to any stipulations laid down in the 

buyer’s order/ acceptance, including buyer’s 

general conditions, unless otherwise stated in a 

written agreement, and in that case with an exact 

indication of the points from which these sales 

and delivery conditions are deviating.

Quotations made by the seller are open for  30 

days from the date of the offer, unless otherwise 

specified.

Information and Technical data on seller’s 

products stated in catalogues, leaflets and other 

written material are only to be considered as 

approxIMDte and not binding on seller, unless a 

written agreement explicitly states otherwise. 
All drawings and technical specifications handed 

over to buyer prior to or after entering into an 

agreement remain seller’s property. No material 

must be used or copied by the buyer without 

the seller’s written permission, neither must it 

be reproduced, handed over nor brought to the 

knowledge of a third party for another purpose 

than the performance of the agreement made. 

Failing an agreement, all documentation handed 

over should be returned to seller, and also in that 

case no copying or general use of the material 

can be made, nor must it be brought to the 

knowledge of a third party.
The seller is not responsible for the buyer’s 

selection of the product, including compatibility 

of the product, its use and results, unless the 

contract explicitly refers to these.
The seller undertakes no responsibility for the 

buyer’s selection of potential supplementary 

equipment and service requested for use with 

the product as well as application and results of 

same. 
The seller reserves the right to modify his 

products without notice as far as such 

modifications do not cause major restrictions of 

the applications.

The seller reserves the right to alter prices in case 

of major changes of rates of exchange, increased 

prices for raw materials, political events or other 

conditions which the seller cannot control, unless 

a written agreement states that the seller is not 

entitled to make such reservation.

The risk for the product is passed upon delivery, 

unless otherwise agreed in writing. 

Such agreements are made in accordance with 

Incoterms 90 terminology.

The agreed time of delivery is only approx imdte 

and subject to full approval of the contents of the 

agreement, for instance accepted drawings.

The seller is never responsible for delays, unless 

such delays are owing to gross negligence on his 

part.The seller is never responsible for operational 

losses, loss of profit, loss on goods kept in stock, 

loss caused by delayed building activities or other 

contract work or any other direct or indirect loss or 

direct or indirect costs caused by delayed 

deliveries.
If delays should occur, and if, at the buyer’s 

request, the seller cannot state a delivery 

period, the buyer has the right to cancel the 

order and demand reimbursement of potential 

(pre)payment, provided that the products have 

not been made especially to the customer’s 

specifications.
Above statement defines the seller’s maximum 

responsibility in relation to delays.

The seller reserves for himself the right of 

ownership until the agreed price has been paid.
In that case it is the buyer’s duty to take out an 

insurance on the goods against any damage from 

the date of the passing of the risk until the agreed 

price has been paid. The insurance should cover 

full and new value of the goods in question.
Until close to the date of delivery, the seller has 

a right to demand, and the customer is bound to 

give a banker’s guarantee payable on demand 

in an acknowledged bank for the total purchase 

sum including costs and outlays. As far as 

mounting and servicing is concerned, the seller 

is justified to demand at any time, and the buyer 

is liable to give a banker’s guarantee payable on 

demand in an acknowledged bank for the agreed 

payment or partial payment, including costs and 

outlays, if any.
For delivery of products that should form part of 

another product, the seller is entitled to demand 

at any time, and the buyer is liable to give a 

banker’s guarantee payable on demand in an 

acknowledged bank for an amount 

corresponding to the purchase sum for the parts 

entered at the time in question,  but not yet 

paid. If the buyer does not give such a banker’s 

guarantee on request, the seller is entitled to 

consider the agreement(s) non-fulfilled, wholly or 

partly, and the seller is entitled to claim delivery 

of products that have not been used and not 

paid. The buyer is thus unable to work with or 

otherwise use such products.
Payment has to be made at the time stated in the 

quotation or the order confirmation. If the buyer 

does not pay in due time, the seller reserves for 

himself the right to charge 2% interest on late 

payments for each new month. The same interest 

is charged if a respite has been granted. The 

buyer is not entitled to keep back payments or to 

set off against asserted claims that have not been 

accepted by the seller. If the buyer does not want 

to receive the lot at the time agreed, he is obliged 

to pay as if delivery had been made according to 

the agreement.

Disposable packing has been included in the 

price and will not be refunded in case of a 

possible returning.

Multi-way packing will be charged and credited to 

the customer in case of prompt and safe return, 

carriage-paid. 
The buyer shall reimburse the seller for any costs 

or charges for which the seller becomes legally 

liable in respect of the removal and disposal of 

packaging materials.

 

Applied tools which have been debited to the 

buyer wholly or in part, according to agreement, 

remain in the seller’s warehouse, but are not 

delivered. The seller takes care of the proper 

maintenance of these tools. If such tools are not 

used for 3 years, the seller is no longer bound to 

keep and maintain them. 

No liability rests with the seller for tools lent by 

the buyer, if they have not been used for 2 years 

and not been demanded by then.

The buyer does not acquire property and/or 

inventor’s rights / other incorporeal rights to any 

computer programmes used for the product, nor 

any drawings, design, technical solutions etc. 

whether individually made for the buyer on his 

account or not, since the buyer is only entitled to 

use such material in relation to the agreed 

application of the product.

If there should be a risk, or if it is asserted that 

the product infringes a patent or another 

incorporeal right, the buyer accepts that, at his 

own option, the seller is either allowed by the 

proper party to continued use or he changes or 

replaces the product, so that it no longer gives 

rise to an infringement.
If none of these alternatives can be achieved 

on terms that the seller finds reasonable, he 

can claim that the buyer refrains from using the 

product against an allowance from the seller 

corresponding to the value of the product after 

depreciation with equal amounts every year 

compared to the technical and economical life of 

the product.
The size of such an allowance is not dependent 

on the question whether the product is integrated 

into another product or a building etc., and it 

is not influenced by the loss which it and / or 

discontinuance of use might cause the buyer.
In case of resale of the product, the buyer is liable 

to include an identical stipulation in the 

agreement between buyer and buyer’s customer, 

including instruct the customer to include an 

identical stipulation for the customer’s possible 

resale.
The seller’s maximum responsibilities as to any 

potential infringement of the patent or another 

incorporeal right are defined above.