ELCON Terms and Conditions for the Sale and Delivery of Services of September 2024 – Commercial 1. Application 1.1 These general Terms and Conditions for the Sale and Delivery (‘the Terms’) apply to all services (‘the Services’) supplied by ELCON. The Terms are mutually binding on ELCON and the Customer unless otherwise expressly agreed. ELCON is not bound by terms and conditions set by the Customer that deviate from the Terms unless such terms and conditions have been agreed in writing between the Parties. 2. Orders 2.1 ELCON’s quotes apply for twenty (20) working days following the date of the quote unless otherwise stated in the tender. 2.2 Quotes are accepted when the Customer accepts a quote in writing. 2.3 Upon placing an order/accepting a quote, a written confirmation will be sent from ELCON, whereby a binding agreement has been entered into between the Parties. 3. Changes 3.1 ELCON reserves the right to make changes to the Services if this can take place without significant change to the agreed technical specifications. 3.2 The Customer cannot change a confirmed order for Services without ELCON’s written consent. 4. Prices and payment 4.1 In the absence of a written agreement/acceptance of the quote, all work will be deemed to have been performed on a time and materials basis according to these Terms. Customer shall not be entitled to offset any counterclaims against ELCON that have not been acknowledged in writing by ELCON. 4.3 If the Customer fails to pay a due invoice for Services within fourteen (14) calendar days after receiving a written request for payment from ELCON, ELCON has, in addition to interest on overdue payment as described in sub-clause 4.2, the right to suspend ongoing and/or as yet unperformed Services until payment is made. 5. Delivery and claims 5.1 ELCON performs the work as agreed with the Customer. ELCON shall notify the Customer of completion, and the risk for the Services passes to the Customer as they are delivered. ELCON shall be entitled to make delivery prior to the stated delivery date. 5.2 The Customer shall be under obligation to provide access to the work site and to provide ELCON with names of contacts and information to the extent necessary for ELCON to perform the Services. 5.3 Upon receipt of a Service, the Customer shall be under obligation to conduct a thorough examination of the delivered Service, and the Customer shall make any claim without undue delay and no later than ten (10) working days after defects in the Services have been discovered or should have been discovered, in order for the claim to be considered timely. 5.4 In the event of a timely claim relating to Services that were defective at the time of delivery, ELCON shall be under obligation to remedy the situation by repair or replacement within a reasonable time period. 4.2 The Customer shall pay all invoices for Services no later than fourteen (14) calendar days from the invoice date, unless the Parties have agreed otherwise in writing. Interest on overdue payment of 1.5% per month or part thereof will be added to late payments. The 6. Delay 6.1 ELCON shall inform the Customer without undue delay in the event of a delay to the delivery date, including the reason for the delay, as well as provide information about a new expected delivery date. ID: 81857|140987|9
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