Terms & Conditions
1. Terms Exclusive
These terms constitute to the exclusive agreement of the purchase order.
2. Net Price
The prices do not include sales taxes.
3. Property
Property passes upon full payment.
4. Warranty
One year according to our general business terms for single shift operations excluding parts
subject to rapid wear and tear such as: gooseneck, plunger, plunger rod, plunger rings, nozzle,
crucible, seals and also the electrical components. The guarantee is only valid when the machine is brought into operation by one of our service technicians.
Parts covered under the above list will be provided at no charge. However, a purchase order will
be needed to assure return of the faulty parts to Frech USA. The customer is responsible for all
shipping costs to and from their facility and Frech USA.
Frech technicians are available for warranty repairs. A purchase order would need to be issued to Frech USA for all travel expenses and per diem charge of $220 per day.
5. Force Majeure
In case of Force Majeure FRECH may postpone the delivery accordingly.
6. Copyrights
Any use of copyrights on drawing, know – how , patent rights are exclusively limited for use of customer.
7. Cancellation
In case of insolvency FRECH is entitled to cancel the contract immediately.
8. Dispute Resolution:
In the event of any dispute both parties are obliged to discuss the matter in good faith for a period of four weeks (“cooling-off period”) to reach a solution. In case the parties fail to reach a resolution, they are entitled to submit the case to a mediator, appointed by the German-American Chamber of Commerce.
If one party rejects mediation, the matter is to be solved by the courts in accordance with the order confirmation.
The selling price of a new machine does not include a service technician’s time for start up of the machine.
1.Standard technician rate is $1050 per day for the US, Mexico and Canada. Disbursements such as travel expenses and per diem charges are additional.
2.The die casting machines dies, tooling and auxiliary equipment must be installed by the customer in advance and in accordance with FRECH’s Service Manual Instructions. The customer should give FRECH U.S.A. 30 days advance notice of scheduled start-up date.
3.The machine will be dry-cycled for a sufficient time (3 or 4 hours).
4.Concurrently, a reasonable amount of time will be devoted to training machine operators.
5.FRECH U.S.A. cannot be responsible for the operation of the customer’s tooling unless such tooling is part of the installation as supplied by FRECH U.S.A.
6.No “waiting time” charge will apply for a maximum period of eight (8) hours with the exception of the per diem charge plus travel expenses. Thereafter, an additional prorated charge will apply.
7.Under no circumstances shall FRECH U.S.A. be liable for lost production time.
8.We reserve the right to change without further notice.
9.The law of Indiana shall govern. Each party hereto submits itself to the exclusive jurisdiction of the State and Federal Courts of Michigan City, Indiana.
Order Confirmation
Delivery:Ex Works, Michigan City,IN
Delivery Site:IL
Payment:30/60/10
Bank Guarantee:The installments are guaranteed by a bank guarantee
__ Yes__ No
Jurisdiction:The law of Indiana shall govern. Each party hereto submits itself to
the exclusive jurisdiction of the State and Federal courts of Michigan City, IN.
FRECH USA Terms and Conditions apply as enclosed and are part of the order confirmation.
