Terms and Conditions
Prices and Terms and Conditions for Payment
Cancellation of orders at customers’ request
The following cancellation fees are charged for an order cancellation:
Unless otherwise stated in the order confirmation, an order can be cancelled
before down payment has made. If down payment of 35% has been made work will start immediately. If canceled during this period the down payment will be forfeit.
unless otherwise agreed, net payment is to be made prior of shipment in cash, check, wire transfer or Letter of Credit.
A 3% cash discount will be given on payments made in full when items are ordered.
The sum to which the discount applies is calculated after deduction of freight and any other costs. Discount charges, bank charges and tax on drafts and bills of exchange will be borne by the buyer. Bills of exchange and checks are deemed paid when cashed. Retention of payments because of or offsetting of payments by, counterclaims by the buyer will only be permitted if the counter-claims are uncontested or have been determined in law.
If after conclusion of the contract KAESCH-USA, Inc. becomes aware of circumstances, irrespective of whether these circumstances were apparent at the time of concluding the contract or not, which serve to diminish the creditworthiness of the buyer, KAESCH-USA, Inc. will be entitled to execute outstanding deliveries from this and other business only against advance payment or offer of security. If the buyer is unable to meet the request for advance payment or offer of security, then KAESCH-USA, Inc. will, after an appropriate additional period, be entitled to withdraw from the contract or to demand compensation for damages for non-fulfillment.
KAESCH-USA, Inc. reserves ownership of all goods supplied by the company
(reserved goods) until the buyer has settled all obligations arising from the
business relationship including any that arise at a future date. In the event
of conduct on the part of the buyer that is in violation of the contract, specifically
in respect of default in payment, KAESCH-USA, Inc. will be entitled to take
back the reserved goods. This does not constitute withdrawal from the contract
unless KAESCH-USA, Inc. expressly declares this to be the case. KAESCH-USA, Inc. is
entitled to realize the value of the goods once they have been taken back,
in which case the proceeds will be credited against the obligations of the
buyer, with the deduction of appropriate realization costs. The buyer is entitled to process the reserved goods in the normal course of business so long as the buyer is not in default in payment. Unless this reservation of ownership is exercised, the buyer is not
empowered to resell the reserved goods. If there are grounds for exercising revocation, then KAESCH-USA, Inc. may insist that the buyer inform KAESCH-USA, Inc. of the accounts receivable transferred and the debtors, provides KAESCH-USA, Inc. with all necessary information to collect these accounts receivable, passes on the relevant documentation and notifies the debtors of
the transfer. In this case, KAESCH-USA, Inc. will also be entitled to notify the
debtors of the transfer itself. In the event of defects in the goods supplied by us, we are obliged to subsequently.