Article Index
Art. 11) WEIGHTS, DIMENSIONS, TECHNICAL DATA AND EXECUTED PROJECTS: Projects, drawings, illustrations, weight data, dimensions, yields, consumption data, etc. communicated with the offer are only approximate. The data indicated in the proposal and the actual data of the materials cannot be the cause of complaints by the buyer. If experiences and/or processing needs ecommend it, Chemical Empowering may make slight changes to the details of the supply and to the data that are not the subject of a particular agreed commitment, without disputes being raised by the customer. All above except as explicitly stated in the purchase contract.
Art. 12) ASSEMBLY: Assembly or installation can be performed with the assistance of Chemical Empowering's specialized staff. The contract must state whether the assembly is included in the price of the machinery or whether it must be paid separately; failing that, assembly must be paid separately; in any case it remains established that it refers only to the performance of the labor of Chemical Empowering staff, therefore excluding travel, labor, porterage and transport and lifting equipment, scaffolding and masonry and foundation, joinery, carpentry etc. and in general all the ancillary works for the installation of the supplied machinery, Without explicit declaration of the supplier company, the fitter will not be able to carry out works other than those indicated on the assembly sheet. Chemical Empowering is only liable for the state-of-the-art assembly of the machinery supplied. The customer is required to sign the fitter's worksheet and with this signature will confirm the facts set out therein.
Art. 13) ACCEPTANCE TEST: In the absence of usage rules and regulations, referred to on the supply contract or on special agreements, the acceptance test will be carried out according to the rules established by Chemical Empowering. If the acceptance test is not possible or delayed for reasons not attributable to Chemical Empowering, the latter will communicate to the customer the chosen date for the execution (by certified mail or telegram or email certified by third parties), with 15 days’ notice (fifteen); once the indicated day has elapsed, the device/plant must be considered tested. When installation is not agreed, the acceptance test of the device/plant supplied is carried out in the Chemical Empowering workshop before delivery.
Art. 14) DISPUTES: For all legal purposes, the client accepts, exclusively on any other, the application of Swiss law and the competence of the Swiss Judicial Authority, in particular of the Court of Zurich, even if the proposal or contract is stipulated elsewhere or through Brokers, Agents or Representatives and whatever the agreed means of payment. Except as otherwise contractually agreed during the purchase phase.
Art. 15) TERMINATION OF THE CONTRACT: If the buyer, after the refinement of the order should request, for any reason, the cancellation of the contract, this request must be considered legally equivalent to the termination of the contract due to the fact and fault of the client himself, with full safety of all Chemical Empowering rights also for a possible reintegration and / or maintenance action.