GENERAL CONDITIONS OF DELIVERY AND SALE
Ranga Industries Australia and New Zealand
Unless expressly agreed otherwise in writing, the following shall apply to all legal transactions on the basis of which Ranga Industries distribute and sell gloryfy unbreakable eyewear to customers via our online shop where Specific and General conditions of sale and delivery apply.
These terms and conditions of sale and delivery apply to both supply contracts and purchase contracts. The terms "purchaser, prices, etc." used in these General Terms and Conditions also include "buyer, purchase price, etc."
3) CONTRACT CONCLUSIONS
Contrary to the General Terms and Conditions of the Purchaser, the Buyer shall only be effective if these have been expressly acknowledged by Ranga Industries in writing. The offers of Ranga Industries are not binding and do not oblige Ranga Industries to accept. All representatives of Ranga Industries are only entitled to obligate Ranga Industries brand under these General Contract Conditions. Ranga Industries is not bound to oral agreements concluded with the representatives, special agreements deviating from these general terms and conditions of business are only valid in writing and require the express acceptance by Ranga Industries. The contract is concluded by written order confirmation by Ranga Industries or by actual delivery.
Unless explicitly agreed otherwise, delivery shall be made ex Warehouse. Additional costs for special delivery wishes shall be borne by the Purchaser. Ranga Industries remains committed to adhering to delivery deadlines, but delivery deadlines are not to be understood as "fixed deadlines"; rather, the customary tolerances apply. The delivery period shall commence on expiry of the date of the order confirmation by Ranga Industries and the receipt of a possibly agreed down payment. If the purchaser changes his order before delivery, the delivery period will be interrupted and this shall begin again with the deposit of the amended order or with the receipt of the signed order confirmation. All cases of force majeure within the meaning of these terms and conditions shall be binding on the duration of the contract and according to the extent of the obstacles to the fulfillment of the contract. In such cases, Ranga Industries is also entitled to declare the rescission of the contract at its own discretion. If, on the grounds of Ranga Industries, the withdrawal from the contract is declared by Ranga Industries, Ranga Industries is only obliged to repay the advance paid without interest, but not to indemnify. In the context of these terms and conditions, all circumstances independent of the will of Ranga Industries, such as the non-timely delivery by suppliers, force majeure in the narrower sense (eg conflagration, war, earthquakes, etc.) are unpredictable Operational disruptions, lack of energy, material and raw materials, official interventions, transport and customs delays and work conflicts.
5) DANGER, TRANSPORT SECURITY, ADOPTION
As in the case of delivery ex works - regardless of who bears the freight costs and who actually carries out the transport - Is made available to the transporter in accordance with the contract. Transport insurance shall only be concluded upon request and at the expense of the Purchaser. If the buyer is in default of acceptance or if the goods cannot be delivered to the customer because the buyer has not paid the conditional payments, Ranga Industries shall be entitled to charge the local stand fee or storage fee as compensation from the beginning of the default of acceptance or Ranga Industries without prejudice to any further claims for damages and any other legal consequences of the acceptance delay.
6) WARRANTY, DAMAGES AND PRODUCTION
A) The warranty period for the products and services of Ranga Industries is 1 years. Technical specifications in catalogues, brochures, price lists and the like are non-binding and can be modified as required. They shall become binding for Ranga Industries only if they are explicitly stated in the order confirmation of Ranga Industries. The products and services of Ranga Industries are to be checked immediately after their takeover by the buyer and defects are to be reported immediately in writing or by email. Delay in the review and complaint will result in the loss of any warranty and damage claims. The processing or alteration of the delivered products shall be regarded as acknowledgment of the regularity of the delivery. The existence of a defect does not authorize the purchaser to have the defect itself or by a third party remedied, but Ranga Industries must be given the opportunity to improve within a reasonable period.
B) The Purchaser can assert damages claims only in the case of gross negligence. The customer must prove the existence of gross negligence. This also applies in particular to cases of delay in delivery and defective delivery. Compensation claims in any case only include the costs of the mere elimination of damages, not consequential damages and loss of profit. C) Product liability claims for material damage are excluded..
7) PROPERTY RETENTION
The delivered goods remain the property of Ranga Industries until full payment (invoice amount, interest, costs and costs). The property of Ranga Industries on the goods does not expire by processing; rather, it is explicitly agreed that the resulting product is manufactured for Ranga Industries. The retention of title shall also remain in force for all claims arising in connection with the delivered goods, namely claims arising from repairs, spare parts and accessories deliveries. The Purchaser shall be obliged to insure against fire, water and theft as long as the retention of title exists in the delivered goods. The claims of the purchaser from these insurance contracts shall be assigned to Ranga Industries and Ranga Industries shall be notified of the assignment in writing. If the retention of title exists, a sale, pledge, security transfer, leasing or other transfer of the delivered goods without the written consent of Ranga Industries is not permitted. In the event of intervention by the customer 's creditors, in case of attachment of the delivered goods, the customer shall immediately notify Ranga Industries by registered mail and the costs of measures for the elimination of the intervention, intervention processes, of the counterparty. The purchaser has the obligation to keep the delivery item in the proper condition during the period of the retention of title and to have necessary repairs carried out immediately for Ranga Industries, apart from emergencies. If the purchaser fails to meet his payment obligations and the obligations resulting from the Ranga Industries proprietary rights, he makes his payments or opens his judicial settlement or bankruptcy proceedings, the entire residual debt is payable, even if bills of exchange expire later. If the entire residual debt is not paid immediately, the purchaser's right to use shall cease to be delivered to the delivered goods and Ranga Industries shall immediately be entitled to demand the surrender without prejudice to any restraint. All costs resulting from the repossession of the goods delivered shall be borne by the Purchaser. Ranga Industries is entitled, without prejudice to the payment obligation of the customer, to use the product as well as accessories by means of private sale as best as possible. If the purchaser fails to meet his obligations and claims the retention of title, Ranga Industries can in no case be used to ensure that the goods delivered serve to maintain the trade.
If not agreed separately, the invoices of Ranga Industries are payable immediately upon receipt of Email confirmation and without any deduction. Payments are charged to the oldest receivable. An agreed payment period runs in case of doubt from date of invoice. Bills of exchange and checks will only be accepted based on a separate agreement. All costs and expenses shall be borne by the customer. Ranga Industries assumes no responsibility for timely presentation and prosecution when taking bills of exchange. In the event of default on the part of the Purchaser, Ranga Industries shall be entitled to charge default interest at the rate of 11%, and all dunning and collections claims shall be replaced. Such delays shall also occur in the event of default in acceptance, without prejudice to further legal or contractual consequences of the delay in acceptance. If circumstances are known which make the customer's creditworthiness appear diminished, Ranga Industries is entitled to demand advance payments or to withdraw from the contract if these are not provided. If, in the event of a payment transaction, the purchaser is in default with an instalment payment or bills of exchange or checks, then the entire residual purchase price is due. The purchaser is only entitled to set off with counterclaims if this counterclaim is undisputed by Ranga Industries or a legally binding execution title exists.
9) PROTECTION RIGHTS
The manufacturing process, the patents and the other know-how of the products supplied by Ranga Industries remain intellectual property and are subject to their protective rights. Any infringement, in the production and / or the distribution or marketing or representation of articles by Ranga Industries by third parties in violation of their rights shall be prosecuted. Ranga Industries expressly points out that Ranga Industries and / or IQ brand does not accept any liability for products which are not from their production. Only the original gloryfy® and its materials guarantee maximum quality, flexibility and stability as well as a long service life. On the basis of the patent applications filed by IQ brand, imitators are directly prosecuted by the patent attorney of IQ brand and prompted omission. The gloryfy® sales partner authorized by IQ brand is obligated to forward any infringements of IP rights related to IQ brand products immediately to IQ brand. So-called "customized" products are always provided with a manufacturer's note.
10) PLACE OF PERFORMANCE, COURT OF JURISDICTION AND APPLICABLE LAW
The place of fulfillment is for both parts A-6220 Buch in Tirol. The court of jurisdiction for all disputes arising directly or indirectly from the contract (including bills of exchange or checks) is hereby agreed with the Austrian court, which is locally and objectively responsible for A-6220 Buch in Tirol. Austrian law shall apply for disputes arising from contracts. The applicability of the UN purchase right is excluded. Only if the agreement of the applicability of Austrian law should be ineffective (eg in the course of a process control in a state, the "third world") UN-purchase right (United Nations Convention on Contracts for the International Sale of Goods - Federal Law Gazette 1988 / 96). The contract language is German.
11) PROVISION OF CHANGES
Subsequent changes to the foregoing conditions are reserved if legal measures or changes in economic conditions make this necessary.
12) PARTICULAR IMPACT
Should individual provisions of these General Terms and Conditions of Sale and Sale be or become invalid, the validity of all other provisions of these General Conditions shall remain unaffected. The ineffective provision shall be replaced by such an effective one, the content of which, according to its economic purpose, comes as close as possible to the purpose pursued by the respectively invalid clause.
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PO Box 362
4021 Kippa-Ring, QLD