Murata Electronics Europe B.V.
GENERAL CONDITIONS OF TRADE
Registration date 04th of June 2019
For the purpose of these General Conditions:
In connection with the performance of the obligations of either party under these General Conditions and/or any other agreement, the parties may only refer to the presence of a force majeure situation in respect of facts and circumstances beyond the control of the party concerned, that are not for the party’s risk or reasonably attributable to the party under the applicable law, provided that the respective party is not already in default of those obligations under the agreement before the occurrence of the force majeure situation. The following are examples of force majeure situations but by no means an exclusive summary: non-delivery or late delivery by suppliers, illness of employees of MURATA, defective aids or means of transport, fire, strikes, traffic obstructions, shortage of raw material and catalysts, fuels or electricity, excessive temporary surge in demand by customers, war, civil war, riots, frost, flood, storm, ice, snow and similar weather conditions.
If MURATA fails at any time to exercise any rights in connection with the Customer under these General Conditions or any agreement with the Customer, or if MURATA does not respond to a violation of these General Conditions or any other agreement, this shall by no means be regarded as a waiver for any subsequent violations of MURATA’s rights or subsequent breach of the Customers obligations, nor shall it in any way affect MURATA’s rights under these General Conditions or other agreements.
Even if the Customer is of the opinion that the delivered Products are defective, the customer shall fulfill all its obligations under these General Conditions and the agreements and the Customer shall not have the right to offset its own claims against or suspend payments in connection with a claim it has been brought against MURATA.
The agreements between MURATA and the Customer, the ensuing obligations and these General Conditions shall be governed by the laws of the Netherlands. The Vienna Convention on the Sale of Goods, 1980, is not applicable.
Any disputes that may arise between MURATA and the Customer shall be submitted to the competent court in the district where MURATA has its registered office, unless MURATA agrees to refer the matter to the competent district court in the district where the Customer has its registered office.