1.1. These General Terms and Conditions of Sale, Supply and Warranty ("Terms & Conditions") shall apply to all sales and supplies of products made and services provided by the ESCATEC group of companies ("ESCATEC")1 to its customers ("CUSTOMER") as well as to ESCATEC's liability under the warranty terms for such products and services (collectively "Products"). ESCATEC and CUSTOMER shall hereinafter also be referred to individually as "Party" and collectively as "Parties".
1.2. These Terms and Conditions shall be deemed in- cluded by reference to and made an integral part of all quotations ("Quotation"), order confirmations ("Order Confirmation"), deliveries ("Delivery") and invoices ("Invoice") issued by ESCATEC. CUSTOMER acknowledges and agrees that these Terms & Conditions supersede any and all of its own or third parties' terms and conditions that may be included with the requests for a Quotation ("RFQ") or a purchase order ("Order") or any other correspondence, unless there is a prior express agreement in writing to the contrary by ESCATEC.
1.3. No legally binding sales agreement shall be deemed to be in force and effect and no Order deemed legally binding upon the Parties unless and until ESCATEC has confirmed its acceptance thereof in writing by way of Order Confirmation.
1.4. ESCATEC's obligation to supply the Products shall be subject to the terms and conditions set forth in ESCATEC's Quotation and/or Order Confirmation. In particular, the coming into force of the legally binding sales agreement between the Parties ("Coming into Force") shall be subject to the conditions precedent set out in the Quotation or Order Confirmation such as, without limitation, the receipt by ESCATEC of the prepayment or advance payment of the Price, the opening of a letter of credit, the receipt of the export authorization from the relevant export agencies and such other conditions set out in the Quotation and/or Order Confirmation.
1 These Terms & Conditions apply to each of the following ESCATEC group companies:
ESCATEC Electronics Sdn. Bhd., Industrial Zone 4, 11900 Penang, Malaysia
ESCATEC Medical Sdn. Bhd., Industrial Zone 4, 11900 Penang, Malaysia
ESCATEC Mechatronics Sdn. Bhd., 8 Jalan Firma 2/1, Kawasan Perindustrian Tebrau I, 81100 Johor Bahru, Malaysia
ESCATEC Switzerland AG, Heinrich-Wild-Strasse, CH–9435 Heerbrugg, Switzerland