Brady Terms and Conditions of Sale

Brady Corporation Ltd - Terms & Conditions of Sale - ECE

WARRANTY

BRADY products are sold with the understanding that the buyer will test them in actual use and determine for himself their adaptability to his intended use. BRADY warrants to the buyer that its products are free from defects in material and workmanship, but limits its obligation under warranty to replacement of the product, shown to BRADY's satisfaction to have been defective at the time BRADY sold it. This warranty does not extend to any persons obtaining the product from the buyer. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON BRADY'S PART. UNDER NO CIRCUMSTANCES WILL BRADY BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE BRADY'S PRODUCTS.

QUANTITIES

Prices in relation to a given quantity apply only to a continuous production run of that quantity unless specifically otherwise stated, such continuous run being at our descretion. In case quantities are reduced or shipping instructions necessitate runs of lesser quantity, the price applicable to the lesser quantities shall apply. If lesser quantity is not covered by quotation, adjustments of price shall be made under formula regularly used by us.

OVERRUNS AND UNDERRUNS

On Special Orders, we reserve the right to ship not in excess of 5% over or under the quantity ordered.

PATENTS

We agree to hold you harmless against charges of infringement of article claims by any Belgian patent issued at the time your order is entered by us, provided such charges are based exclusively on infringement by the article designed and manufactured by us. Before this liability shall arise, however, you must notify us, in writing, of any such charge and tender us the right to defend, settle, or make changes in the articles for the purpose of avoiding infringement. Under no circumstances shall our liability hereunder exceed the purchase price of articles charges or indemnification.

FULFILLMENT OF ORDERS

Since the fulfillment of orders can be influenced by acts of third persons or by cases of accident or superior forces, they are not being considered as an explicit agreement. Unless otherwise stipulated, orders beyond schedule will not lead to refusal or indemnification.

ACCEPTANCE OF ORDERS

Orders are subject to acceptance by us only at our Head Office, 9240 ZELE, BELGIUM.

CLAIMS

All claims must be made by registered letter within 30 days after receipt of goods. The cancellation or suspension of your order will not be accepted on terms which will not fully indemnity us against loss, including recovery of all direct costs incurred attendant normal indirect and overhead charges and a reasonable profit.

RETURNS

No BRADY products are to be returned for exchange or credit without prior written authorization from W.H. BRADY n.v. Head Office at 9240 Zele, Belgium.

Products returned without BRADY's prior authorization will be refused.

CONTRARY TERMS AND CONDITIONS

Your order will be accepted only on the terms and conditions contained herein and in our acknowledge and the provisions of any purchase-order or order writing shall not constitute a part of the contract sale.

GOVERNMENT ORDERS AND QUOTATIONS

The products involved herein are standard commercial items and do not constitute or relate to experimental, developmental or research work for any division, service, administration or agency of the Belgian Government . No governmental rules, regulations terms, or provisions calling for the granting of transferring of any patents rights of licenses or proprietary data shall apply. We certify that we offer our standard products to comparable purchasers at the same price and that special products are priced in the normal commercial manner and at prices comparable to sales made to others. Prices quoted herein are not subject to redetermination.

TERMS OF PAYMENT

- 30 days from date of invoice or cash -2%

- the nonpaying when due, wil charge the customer by right and without formal notification an interest of 1.5% per month on the amount  payable. If the customer does not respond within 5 days to a registered letter by which payment in claimed, the amount payable, together with the interest costs, will be increased by 10%, with a minimum of 125 Euro.

TOOLS, NEGATIFS AND PLATES

Any tools, negatives and plates will be maintained while used in production and till 24 months following date of last use. After 24 months they will be destroyed unless specific written arrangements. Scetches, compositions, negatives, films, etc.... ordered or prepared by us, remain our property. Unless stipulated otherwise, the customer cannot demand their remittance before not after delivery.

ARTWORK

Due to special mechanical requirements in the manufacture of our products, all artwork, submitted by customers subject to our approval. If additional charges for retouching and/or rework are necessary, you will notified and billed after delivery.

MODIFICATION TO BE IN WRITING

No waiver or modifications of any of the provisions hereof shall be binding upon us unless in writing and approved by the Board of Directors.

DISPUTES

All disputes shall be finally settled under rules of the Institute for Arbitration of Brussels charged with the appointment of the arbitrators. The rules can be obtained at Drève Ste-Anne 68b, 1020 Brussels (fax:32.(0)70-233.620). This clause replaces all authority clauses contrary to it.

CODE OF ETHICS

Brady Corporation has a global Code of Ethics Policy (the "Policy"), which governs the behavior and relationships between Brady employees and its customers and suppliers. The Policy can be viewed at www.bradycorp.com, The Corporate Governance tab, Ethics Guide.

If you believe that a Brady employee's conduct violates the terms of this Policy, please report the violation by using the confidential website (www.bradyethics.com), telephone number or fax line as outlined on page 5 of the Policy"