§l - Terms of Delivery
Delivery is in accordance with Incoterms CIP.
The specified delivery time is from receipt of the written order. The final delivery date will be confirmed after clearance of all details regarding the formal order and the installation requirements. Waters retain the right to substitute any item with one of equal or greater performance without notice.
§2 - Terms of Payment
Standard payment is 30 days net.
Penalty interest is official discount rate + 8%.
Service plans are invoiced separately when the instrument is installed.
§3 - Installation
If installation has been purchased, Waters will install the system and provide the users with basic familiarization "start-up" training. It is not the intention of this training to go into great detail but focus on familiarize the customer with the basics of the system and software.
Installation will commence after written confirmation by the purchaser that the site has been prepared to Waters Pre-Installation Site Preparation Guide. Confirmation must be received at least four weeks prior to requested installation date. Any additional costs incurred by Waters through inadequate provision of necessary site services will be charged to the purchaser.
On completion of installation an 'Installation Certificate' will be signed by the Waters engineer and the purchaser's authorized representative. At this time, the manufacturers warranty will commence and the system will then be made available for the running of customer samples.
§4 - Training
The classroom or face to face training included in this quotation is valid within a year of installation and of course you will also continue to enjoy access to our on-line resources for the life of your instrument
It is important that our customers are successful with their Waters system and it is therefore highly recommended that all users using the equipment attend the appropriate Waters training courses, available either at Waters facilities or on customers' site.
§5 - Service
During the warranty period, service will be provided from Waters service department, normally performed within three working days.
§6 - Warranty
The warranty period for the instrument are 12 months commencing after completion of installation or 15 monthsafter delivery whichever is the sooner. For the data system the warrant y period is 12 months from the date of dispatch. During the warranty period, Waters shall replace or repair without charge any material or constructional defect.
Excluded from the warranty conditions are:
Accidental or malicious damage.
Damage or faults which have been caused by a third party not contracted by Waters at the time the damage or fault occurred. Consumable items (parts subjected to normal wear and tear due to intensity of operation) Damage resulting from neglect.
Preventative maintenance schemes.
Warranty will be considered void if at any time after installation the instrument is moved without Waters supervision.
§7 - Software
Waters undertake to provide software maintenance and updates free of charge during the warranty period. This undertaking is only valid provided there are no hardware changes, which are necessary to allow the updated software to be installed and operate correctly. This applies to the Waters supplied software packages only and excludes any third party software.
All Waters software is protected by copyright. At no time shall copies be made either with the user's permission or knowledge for the use of any third party. Any such unauthorized copy will leave the customer and his agent open to legal action.
Software updates will be provided after written request by the purchaser.
§8 - Force Majeure
No party shall be liable for failure or delay in performance of any obligation under this Agreement, other than payment of any amount due and payable, if such failure or delay is caused by circumstances beyond the control of the party concerned, including, without limitation, failures resulting from fires, earthquakes, power surges or failures, accidents, labour stoppages, war, revolution, civil commotion, acts of public enemies, blockade, embargo, inability to secure materials or labour, any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or acts or omissions of communications carriers, or other causes beyond the reasonable control of the party affected, whether or not similar to the forgoing. Any such cause shall delay the performance of the affected obligation until such cause is removed.