Sales, delivery and payment conditions
1. Offer and contract
1. For the business relations between the buyer and the client and us is subject to the present conditions of sale; deviating conditions of purchase is illegal. If individual provisions of the conditions be invalid, the validity of the remaining is unaffected.
2. Offers are always subject to change, unless they are temporary. Illustrations, drawings, weights and measurements, etc. of the offer are only approximate, unless they are explicitly designated as binding.
3. Only after our written confirmation of the contract is concluded the contract, and its content is relevant for the contract. The supplier, however, reserves the right to accept or reject the execution of a contract where the cost, execution or other mistakes such as writing and arithmetic errors in the offer or in its confirmation are included.
4. Lies between order confirmation and delivery a period of more than 8 weeks, we have the right to ship machines with design and equipment changes.
5. Agreements and the guarantee of specific properties of the goods subject to written confirmation of the supplier.
6. The part of the quotation documents, such as illustrations, drawings, dimensions, weight and performance data, information on make, type, year of construction and the like, containing only approximate trade value, unless they are expressly designated as binding. On such documents remain the supplier of ownership and copyright, third parties must not be made available and are on demand or in the event that the contract immediately is sent back.
2. Prices
1. The prices are, unless otherwise expressively agreed, ex factory or warehouse, excluding packaging and insurance.
2. Prices for products that are delivered later than 8 weeks after order confirmation shall always be non-binding. Is calculated in such cases on the day of delivery valid shipping price.
3. Time of Delivery – Shipment
1. The delivery times are binding unless they are explicitly designated as binding. They run from the date of confirmation of order.
2. Delivery delays are due to force majeure, governmental regulations, strikes, lockouts, war, riot, delay in the delivery of major construction and raw materials or otherwise by the manufacturer not be held responsible due justification, not any claims for damages against the manufacturer, and entitle the buyer to withdraw from the contract. In such cases, the agreed delivery period shall be extended accordingly.
3. The scope of supply the written confirmation of the Supplier shall prevail. Agreements and amendments require the written confirmation of the supplier.
4. Safety precautions be supplied to the extent as this is agreed.
5. For each type of assembly, and the supply of engineers are special mounting conditions which have to be required if they are not available to the customer.
4. Shipping
1. The transit is at the expense of the buyer. If the shipment at the request of the buyer for exceeding the agreed payment dates or inadequate or delayed shipment instruction is delayed, it shall be for each month, beginning one month after notice of readiness, the costs resulting from storage – storage in the supplying plant and at least half per cent of the bill – calculated. We are entitled to have after setting and after a reasonable period to dispose of the goods delivered and to deliver to the buyer within a reasonably extended period.
2. The transportation, storage, insurance and shipping are borne by the buyer.
3. Delivered items, even if they are defective, the buyer, without prejudice to the rights set forth in Section 7.
4. Part deliveries are allowed.
5. Transfer of risk
1. The risk shall pass to the dispatch of the goods to the buyer.
2. If shipment is delayed due to circumstances that we are not responsible, then the risk from the date of dispatch to the buyer, however, we are obliged to take the request and cost of the insurance buyer, the customer demands.
6. Complaints
1. In cases of incomplete or incorrect shipments or claims for visible defects must be noticed within 3 days after arrival of the goods at the agreed destination, in writing and provide evidence sufficient.
2. In case of late notification of claims or complaints, the supply shall be approved. With timely communication, we are committed to ensuring accordance with the seventh section.
7. Warranty for complete Equipment and Machinery
1. Is a guarantee agreement, we accept it only in terms of the confirmed delivery works warranty. The warranty starts on the day of delivery and continues for six months to a maximum of 1000 hours of operation. The warranty extends only to the first purchaser and terminates upon resale. Damage caused by normal wear and improper handling are excluded from the guarantee. For parts, the delivery of our work not even be produced, the guarantee provisions of these suppliers to enter into force.
2. The warranty does not arise if there have been without our prior consent from the purchaser or a third party interventions made to the purchased item.
3. Our warranty covers not cover damage to overload, other abuse, neglect in the care and maintenance, climatic influence, accident or “Act of God” are due.
4. Requirement for replacement or repair, is that any faults to us within 14 days with sufficient evidence (photographs, sketches, description of damage, etc.) were informed that the old core (for us) charge to us or to the specific location will be sent from us and we the warranty can be accepted as justified.
5. From the result of the repair and replacement costs, we shall, unless the warranty claim is found to be justified and approved, the cost of replacement including cost of normal shipping, and the reasonable costs of removal and installation.
6. For spare parts is guaranteed for 6 months. For repairs and replacement parts, we provide a guarantee period of 6 weeks from date of delivery. If a warranty claim recognized on these parts from the factory, we assume the cost of replacement or repair, including shipping costs. In order to preserve the warranty, are applicable in the second running conditions analogous.
7. Further claims, especially on the use of or consequential damages that are not caused to the object itself will not be accepted by us.
8. Invoices for parts, in the fifth described are, are due in the bills within the specified period. Floating warranty cases do not justify the payment strike or cuts in pay.
9. Verbal agreements are valid only if it first to the statements 8. not in contradiction.
8. Retention of title
1. Until full payment of all current and future claims arising from the business relationship, we reserve the right to the delivery items.
2. As long as we retain ownership of the delivery items are resale only in proper business permissible for late payment only with our consent. The purchaser sells the him or on his behalf by us directly to the third party goods supplied by or on behalf of us directly to the third party goods or it builds them up, so he assigns until the full repayment of our debts to him from the sale or installation claims arising from his customer and ordering from us.
3. If the value for us according to No. 1 and No. 2 existing securities exceeds our claims by more than 20%, we are at the request of the buyer upon inspection.
4. The buyer must supply the goods or transfer of security. He has given us by third parties on the retained title to goods or the assigned claims notified by registered letter. The buyer is liable for the costs of an intervention action.
5. The buyer has the goods delivered on time by the contract until full payment of all claims arising from the existing business relationship against fire, theft, water damage and broken (own damage insurance) and to hand us the insurance policy. The claims from the insurance money will be transferred with the contract for the said period to us. The supplier is entitled to leave the insurance on his own at the expense of the customer, to advance the premiums and provide for recovery of the deferred account rates. Expenses, insurance, etc. shall be considered as part of the purchase price. The insurance benefits are to be used in fully for the rehabilitation of the purchased units. In the case of total loss insurance payments for the eradication of the claims of the supplier are used, the excess shall belong to the purchaser. The customer has the duty to maintain for the duration of the retention of title to the goods delivered in good order and the supplier or his agent at any time that entry into the assembly / or to establish the place to allow it.
9. Payment
1. If no other payment terms have been agreed, payment is net cash to be made immediately after delivery and receipt of invoice. For payments made on the collection of one-way handled by us for determining bank, apply with respect to the payment dates set out in the debt collection contract special payment terms. In the case of exceeding the payment period, without the need for any explicit warning charged interest at the bank’s interest for us in undrawn bank loans.
2. If, before or after dispatch of the delivery derogatory about the solvency of the recipient is known, we are entitled to require sufficient collateral or, if such requests are not met, withdraw from the contract.
3. Against our claims can only be offset against the purchaser or a lien claim if the counterclaim is undisputed by the buyer or a final title.
4. Comes in case of a redemption transaction a customer with two consecutive installments, or bills or checks in whole or in part in default and if the sum, with payment of which he is in arrears, less than one tenth part of the purchase price of the merchandise, so all of the remaining purchase price due. The supplier is entitled to withdraw in the absence of an already deferred rate or dishonor of a bill or check the contract. In the event of withdrawal from the contract due to failure is expressly agreed that the bills and checks on the implementation of compensation claims or other claims for compensation may be recovered. Further, the use fee and possibly a replacement for damages to be paid by the buyer to the supplier, are also binding by the Supplier is an estimate by initiating found him to be determined by estimating body. The use of compensation and damages for the use in this case is calculated as the difference between sales and estimated price.
5. Bills of exchange, we reserve the right, it presupposes rediscountable at the state central bank. Exchange are only accepted for payment and shall only cashed. Expenses are charged to the buyer. In protest, or rejection of the rediscount we are entitled to all of us back from the buyer passed bills and to demand immediate cash payment.
6. We reserve the right to set off all incoming payments from the buyer of our choice due to claims arising from between us and the buyer for existing business, regardless of the payment from the buyer stated purpose.
7. If the customer is not its liabilities to the supplier and makes the retention of title claims, it can be argued in any case, that the goods must serve to maintain the trade.
8. In case of cancellation of contract 15% of the bill as the distance sum becomes due, without cause that the supplier provide evidence of the actual damage must.
10. Cession
1. We reserve the right to assign all or any claims under this contract without the consent of the buyer to third parties.
11. Jurisdiction
1 Jurisdiction for all disputes arising out of the contract is at our choice of our firm, or the headquarters of the buyer.
