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Conditions sales

1. General pertaining to both Warranty Terms and Sales Terms:  1-1. BINDING AGREEMENT subject to change at any time, see our website Badog.ch for updated warranty and sales terms:  These warranty terms ("Warranty Terms") and conditions of sale ("Sale Terms") constitute a binding agreement between Badog CNC Boyko (referred to in these Sale Terms variously as "I, Us, Our") and its customers (referred to in these Sale Terms as "You, Your" or in the case of a business entity “the Pro User”) which applies to all purchases of items by You. You agree not to change or contest these Sale Terms or Warranty Terms from the form presented by Us. All other terms and conditions including those in any order submitted by You and all communications made thus far by Us are expressly excluded and shall have no effect on these Terms. Your acceptance of these Sale Terms and Warranty Terms instigated by a deposit represents an offer of contract from You. The warranty period is to be determined from the reservation of the machine and then for a duration of 12 months thereof. All products are sold as is where is and once received no returns are possible even if the warranty agreement is not signed.

1-2. GENERAL: No waiver by Us of any breach of these Sale Terms by You shall be considered as a waiver of any subsequent breach of any provisions of these Sale Terms. If any provisions of these Sale Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Sale Terms and the remainder of the provision in question shall not be affected. All notices served under these Sale Terms shall be in writing and shall be sent to the address set out in Our despatch note, or to any later address in Switzerland notified for that purpose, and all notices sent by first class letter post or by fax transmission shall be deemed to have been served immediately if they were sent by fax and on the second working day after posting if served by first class post. All of Our products are copyright and the logos and designs remain the intellectual right of Badog CNC Boyko. These Sale Terms shall be governed by and construed in accordance with the laws of Switzerland and subject to the non-exclusive jurisdiction of the Swiss courts. EXPORT OR IMPORT LICENCES: You shall be responsible for obtaining all licences for export or import of the goods and for obtaining any other licences or taxes required for the delivery or sale of the goods in the country of destination.

1-3. INDEMNITY AND FORCE MAJEURE: You agree to indemnify Us against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by You of any terms of these Sale Terms. We shall not be liable to You or be deemed to be in breach of these Sale Terms by reason of any delay in performing or any failure to perform any of Our obligations in relation to the goods, where the delay or failure was due to any cause beyond Our reasonable control.

1-4. LOSS OF RIGHTS and VIOLATION OF CONTRACT: You agree that if by any reason a breach of Sales Terms, breach of Warranty Terms, non-payment situation or legal proceeding is initiated, You accept that Our obligations for the Warranty Terms and Sales Terms as outlined in the agreement between Us or any other contract are suspended and except for the obligations You the client have towards Us are void and your account with us will be terminated and for any future contact and updates of our products.. We do not and will never ask for recompenses for our help online, in doing so this will constitute a breach of Sales Terms on our part. ‘Our’ services of written help by email, schooling, delivery, software packages or free service calls are not an obligation but our online help is a free service that we offer to not only Our clients but, time permitted, to anyone who has bought a machine or product from us. You agree that in the case that we suspect that the you have used slander against our company or violated any terms of this agreement or illegally distributed our protected images or private communications, that we are justified in using reasonable force to prevent and repair what we determine as damage against our name, which means that you grant us permission to delegate without restrictions your personal or business email and or internet accounts.


2-1 Sales Terms:  2-1. PRICES AND PAYMENT:
All prices and dimensions stated in any of Our catalogs, price lists, or other sales literature may be altered only slightly by Us at any time without notice to You. Prices for goods under these Sale Terms shall either be the price payable for such items at the time We accept your order in accordance with these Sale Terms or where applicable, at the time when your payment is cleared, subject to Our reserving the right to increase the price of the applicable goods to reflect any increase in the cost of the goods to Us which is due to any matters beyond our reasonable control including without limitation any increase in shipping related costs or any other applicable duties and taxes. You are required to pay for your goods in full by cash or bank transfer before delivery and instruction unless you are an account holder in which case Our terms for account are strictly 15 days from dispatch. It is 'Badog's' policy to dispatch the goods You have ordered promptly upon Our being satisfied that the payment(s) in question have cleared. In the case of a split payment the merchandise will not be delivered until full payment is received and the confirmation of the command in the form of a deposit is non refundable and is used to cover the costs of the ordered product for our restocking, reconditioning charges and cannot be recuperated. In the event of a non payment We reserve the right to hold unpaid equipment until full payment is received for products or goods reserved and at the time of full payment will re-evaluate a new delay to delivery in the case that your product was restocked or stored offsite. Our prices are written without TVA added and TVA will be added to the final bill.

2-2. DELIVERY:
We shall use all reasonable endeavors to deliver the goods to the address supplied by You when You ordered the goods by any delivery date estimated by Us. For the avoidance of doubt You agree that the delivery date is not guaranteed or of the essence of the agreement between Us under these Sale Terms and We shall in no circumstances be liable to You for any losses, damages, or charges incurred by You due to the late delivery of the goods. Goods delivered to You shall be deemed accepted by You and You shall inspect the goods immediately upon delivery and in all cases shall inform Us in writing within 1 day of delivery of any damage, shortage or non-delivery of the goods.

2-3. TITLE AND RISK AND CANCELLATION: Title in the goods shall not pass to You until We have received in full all monies owed by You under this or any other agreement for the purchase of goods. Risk of damage to or loss of the goods shall pass to You at the time of despatch by Us, or if You wrongly fail to take delivery of the goods, at the time when we have tendered delivery of the goods to You. No order which has been accepted by Us in accordance with the provisions of these Sale Terms may be cancelled by You except with the agreement in writing of an authorized representative of Badog CNC Boyko and on the terms that You may be required to indemnify Us in full for any costs, damages, losses, charges and expenses including any loss of profit incurred by Us as a result of the cancellation. In all cases of order cancellation, any deposits placed by ‘You’ for goods ordered from ‘US’ will not be refunded and will be used to cover our costs. This includes fully paid and delivered equipment. However a partial refund in the amount of our cost of parts of a is possible but not promised in some cases.

2-4. FIT FOR PURPOSE and FIT FOR SALE: I
f no exigeances are clearly stated on the work order the machine can be different then expected but will be conformed with the evolution of the year in which you purchased your machine. this means that the size or precision or price listed on our site is not an exact description of the product but we do our best to make the differences slight. It is your responsibility at the deposit to add specific requirements or conditions if you have any. It is ‘Your’ responsibility to determine ‘fitness for purpose’ before reserving, purchasing and paying, it is also your obligation to determine if the machine is accepted by ‘You’ the end user on the subject of precision, speed, application, price, size, noise or any other property that you deem suitable for Your particular application or use. Since ‘Our’ Products are handmade and each contains inevitable faults ‘We’ do not guarantee precision of the machine, axes, or any measurable part nor do we pretend or claim that our machine can in any way be compared to any other machine or product in the same field. Due to the varied use of ‘Our’ Products and applications we cannot be held liable for the equipment not working for your particular application. You agree that it is ‘Our’ right to determine ‘fitness for sale’ at the time of Your purchase and as each product is handmade we reserve the right to determine the original new state for all of our products and for warranty comparison understanding that no 2 products are alike and even though they carry the same name some differences may be noted. Although, we do not guarantee precision or play in the moving parts, it is also Our right to determine the precision required or the actual definition of a product that is Fit For Sale which in turn implies the New product implication. Any conflicts that arise from the original state of sale will be determined by Us in every case as the governing authority or by use of our file pictures or document proofs certified internally by Badog CNC Boyko and no other external party.

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