Terms and Conditions
| PAYMENT TERMS All goods merchandise and services (the Goods) supplied by Hilti (Hong Kong) Limited (hereafter referred to as Hilti) to any person, firm or company placing an order with Hilti for the purchase of any Goods (the Buyer) are subject to the complete set of our Terms and Conditions of sale. ORDER LEAD-TIME Order lead-time is as published in the Hilti Products and Services Catalogue. Hilti reserves the right to alter the order lead-time without prior notice. DELIVERY SERVICE
*Except Public Holiday For urgent delivery service, please call our customer hotline 8228-8118 for details All times or dates given for delivery of the Goods are given in good faith but without any responsibility on the part of Hilti. Time of delivery shall not be of the essence of any Contract nor shall Hilti be under any liability for any delay beyond the company's control. Hilti shall have the right to make delivery by installments of such quantities of the Goods and at such intervals as it may decide. Any defect in any installment shall not be a ground for cancellation of the remainder of the installments and the Buyer shall be bound to accept further deliveries thereof. FREIGHT Delivery service is offered to Hong Kong and Macau. Same day/urgent deliveries and special handling requirements will be subject to prior mutual agreement. Hilti must be notified of any order cancellation (inventory items only) one day before the cut-off time from the scheduled delivery date; or handling charge of 15% of the total value of the order (minimum $200) will be applied. RETURN POLICY Hilti must be notified of all returns within 60 days from delivery. Products must be in saleable condition to qualify for return. Saleable condition is defined as those unused items in original packaging, defect-free and in unbroken quantities. All returns are subject to Hilti inspection and acceptance. Material returns are subject to a handling charge of 15% of the total value of the order (minimum $200). Request for returns after 60 days of delivery will not be accepted. Proof of purchase is required for all returned materials. Specials items, items with limited shelf life and discontinued items are not eligible for return credit. REPAIRS Hilti provides your new tool with NO COSTS whatsoever for up to 2 years from time of purchase*. After reaching the end of the NO COSTS period, Hilti guarantees a REPAIR COST LIMIT; Buyer pays a maximum of 30% of the corresponding new tool's list price in the event of a repair. Based on this guarantee, quotations are only sent on request. The typical repair service lead time is three to four days from receiving of tool or acceptance of Hilti's quotation. Should there be any changes to the service required, Hilti personnel will notify the Buyer. Hilti offers a 6-month warranty (parts and labour costs inclusive) for repairs carried out under this repair order (excluding wall saw and angle grinders). Hilti reserves the right to take possession and dispose of at its own discretion should any tools remain in Hilti's possession for more than 4 weeks after services rendered date. - for most Hilti tools you enjoy a NO COSTS period of 2 years, some tools might follow different structure. For details please refer the detail Lifetime Service web page. PRICES Unless otherwise agreed, Hilti's prices may be subject to variation to take account of variations in wages, materials or other costs since the date of the company's quotation (or if no quotation is issued) the Buyer's order. Hilti accordingly reserves the right to adjust the invoice price payable by the amount of any increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be payable as if it were the original Contract price. All prices are exclusive of Goods and Services Tax, taxes and all other applicable duties. The Buyer shall be liable for all and any local taxes or charges as appropriate. Hilti has the right to invoice the Buyer for the costs of any packaging, transportation of the Goods or any additional costs resulting from any other alteration made by the Buyer on or at the time of delivery or upon notification by Hilti that the Goods are awaiting collection. INSURANCE The cost of insurance of the Goods to the Buyer's premises in Hong Kong or Macau shall be in accordance with the charges laid out in Hilti's current price list. In all other cases the price of the Goods shall be exclusive of insurance to the Buyer's premises. ADDITIONAL COSTS The Buyer agrees to pay for any loss or extra costs above the quoted price for the Goods which are directly or indirectly incurred by Hilti through the Buyer's instructions or lack of instruction or through failure or delay in taking delivery or through any act or default on the part of the Buyer, its servants or agents. TERMS OF PAYMENT Unless otherwise agreed, all payments due under any Contract must be made by the Buyer net 30 days from date of invoice. The Buyer shall not be entitled to exercise any set off, lien or any other similar right or claim. If the Goods are delivered in installments, the Company shall be entitled to invoice each installment as and when delivery thereof has been made and payment shall be due in accordance with above clause in respect of each invoice. Any failure by the Buyer to either pay any due installment in accordance with this Contract or failure to give delivery instructions in respect of any Goods shall cause the whole of the price for Goods already manufactured at the time of such a default, to become due forthwith without any notice. Prompt payment shall be a condition precedent to future deliveries of the Goods due under any Contract. PASSING OF TITLE AND RISK From the date of delivery to the Buyer the Goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance, but unless otherwise expressly agreed in writing the Goods shall remain the property of Hilti until all payments due to Hilti from the Buyer under the Contract or any other contract have been made in full unconditionally and credited to Hilti's account. In the event of any resale by the Buyer of the Goods the beneficial entitlement of Hilti shall attach to the proceeds of the sale or other disposition thereof, so that such proceeds or any claim thereof shall be assigned to Hilti. In the event of failure to pay the price in accordance with the Contract, Hilti shall have the power to re-sell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise and for such purpose Hilti and its servants and agents may forthwith enter upon any premises or land occupied or owned by the Buyer to remove the Goods. Pending payment of the full purchase price of the Goods, the Buyer shall at all times keep the Goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business for which the Goods are for the time being used in an amount at least equal to the balance of the price for the same time to time remaining outstanding. WARRANTIES Except as provided for in these conditions, any warranties, (whether express or implied by statute or common law or howsoever) including without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication of the Company) are hereby excluded. All Goods are sold with the benefit of and subject to the conditions of the warranty supplied with them, which is available for inspection on request. The warranty is limited to the warranty period stated in the literature that accompanies the Goods sold unless otherwise specified. Hilti must be notified in writing of all claims of defect within 3 months' of delivery of the Goods, absence of such written claim during this period shall constitute a waiver of all claims with regard to such Goods. Nothing herein or in any warranty given by Hilti shall impose any liability upon the company in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Buyer, its servants and agents including without limitation any failure by the Buyer to comply with any recommendations of Hilti as to storage and handling or use or servicing of the Goods, use of the Goods with other goods or other misuse of the Goods or accident or fair wear and tear of the Goods. Hilti shall not be liable for any damage, loss, costs or expenses of any type whatsoever and however arising from or in any way connected to or with the installation of the Goods by the Buyer or any of its employees, agents or contractors. The Buyer hereby indemnifies Hilti against all actions, costs, charges, losses, damages and expenses which the Company may incur or sustain by reason of any action brought by any third party relating in any way to the installation of the Goods. LIABILITY Notwithstanding anything contrary, Hilti's liability to any user for personal injury or death caused by its negligence or fraud is not limited. The aggregate liability of Hilti (whether in contract, tort, negligence or breach of statutory duty or otherwise) to the Buyer for any loss or damage shall be limited to refund of purchase price or, at the Hilti's option, replacement or repair of the Goods. Save as provided in the immediate preceding paragraph, Hilti shall not be liable to the Buyer in contract, tort, negligence or otherwise howsoever arising for any claim, damage, loss or costs in respect of: a) any losses special to the Buyer, any direct or consequential loss of profits, any direct or consequential loss of turnover and/or any direct or consequential loss of revenue; and b) any indirect or consequential loss or damage howsoever caused including without limitation any losses special to the Buyer, any loss of profits, loss of turnover, loss of revenue, loss of business and/or loss of data and for the avoidance of doubt, the sub-clauses in this Clause are intended and agreed by the Buyer to be severable. The Buyer shall be liable for and shall indemnify Hilti against any and all expenses, loss, liability or proceedings suffered by a third party arising as a result of or in connection with any act, omission, negligence, and/or breach of the terms of this Contract or otherwise through the default of the Buyer. The Company makes no representation or warranty that the use of the Goods does not infringe the rights of any third party and the Company accepts no liability in this respect. DEFAULT OR INSOLVENCY OF BUYER In the event that a) the Buyer shall be in breach of any of its obligations under the Contract; b) any distress or execution shall be levied on the Buyer's property or assets; or c) if the Buyer (an individual or partnership) shall make or offer to make any voluntary arrangement or composition with its creditors or become bankrupt or if any bankruptcy petition be presented against him; d) (if the Buyer is a company) has an administrative receiver or administrator appointed or makes a voluntary arrangement with its creditors or commences to be wound up; or e) otherwise if the Buyer fails to pays its debts as and when they fall due; Hilti at its discretion and without prejudice to any other right or claim may by notice in writing forthwith determine wholly or in part any and all of the other Contracts between Hilti and the Buyer or may (without prejudice to Hilti's rights subsequently to determine the Contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods. FORCE MAJEURE Hilti shall be entitled to delay or cancel delivery or to reduce the amount of the Goods delivered if it is prevented from, hindered or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including, but not limited to, strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply. WAIVER The waiver by Hilti of any right or the failure by Hilti to exercise any right or to insist on the strict performance of any provision of this Contract shall not operate as a waiver of, or preclude any further exercise or enforcement of any other right or provision of this Contract. SEVERABILITY Each provision of this Contract is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If in any particular case any of these conditions shall be held to be invalid or shall not apply to this Contract, the other conditions shall continue in full force and effect. ASSIGNMENT The Buyer may not assign, sub-contract or in any way dispose of its rights or obligations under this Contract without the prior written consent of Hilti. NOTICES Any notice required to be served under this Contract shall be served on Hilti at its registered offices in Hong Kong or such other address as the company may from time to time notify to the Buyer and on the Buyer at the address notified to Hilti in its registration application by first class post, registered air mail or by email or facsimile. The Buyer is responsible for notifying Hilti in writing of any change of address, email address or fax number from those in the Buyer's registration application. AUTHORIZATION Hilti Sales Representatives are not authorized to modify these terms and conditions, warrant specific applications, or execute customer documents. GOVERNING LAW This contract shall be construed and take effect in all respects according to the laws of the Hong Kong Special Administration Region of the People's Republic of China. Any and all disputes arising directly and indirectly from such transactions shall be resolved in the courts of the Hong Kong Special Administration Region of the People's Republic of China. NOTES Hilti reserves the right to change the Terms and Conditions of Sale without notice. Should you have any queries about the above terms and conditions, please contact Hilti customer hotline at 8228-8118 for assistance. |