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1. Prices
- The indication of
price in the price-list is in euros (€).
- The prices are net-prices and do not include the respective
effectual VAT.
- The prices of the respective last valid price-list are to be
considered.
- The prices are quoted ex works, packing and freight charges
are excluded.
- The prices apply to ordinary quality and size according to the
catalogue.
2.
Delivery
- Tools and machines
are always delivered ex works, the
packing is excluded.
- If the time of delivery cannot be met in case of force majeure,
the agreed delivery dates or time limits are no longer binding
and additionally, in particular cases, the seller is entitled to
withdraw from the execution of the orders or to carry out partial
deliveries.
3. Payment
- The payment of the
goods delivered has to be effected to the
seller within 10 days with a cash discount of 2 % or within 30
days, respectively at the invoice date in cash without any
discount.
- Repair orders and sharpening orders are excluded from this.
These are immediately payable after the receipt of the invoice
without any discount.
- In case of delay in payment, the seller is entitled to demand
out of the invoice amount interests with 2 % above the
respective regional discount rate.
- Deliveries into foreign countries only with payment in advance.
4.
Transfer
of perils
- At the point
of transfer to the carrier, the risk is transferred to
the orderer / purchaser.
- This also applies to deliveries free from transportation charges.
Unless otherwise agreed, the dispatch is effected on account
of the purchaser / orderer.
- On request of the orderer the delivery will be insured at his
cost against theft, breakage, transport and fire and water
damage as well as against other insurable risks.
5. Packing
- The packing charges
are borne separately by the purchaser /
orderer.
- The charging is effected at cost price.
6 .
Retention of title
- The seller retains
the ownership of the delivery item /
object of purchase until all demands are fulfilled.
- In case of an agreed partial delivery, all partial deliveries shall
be in the possession of the seller until all partial deliveries are
paid.
- The passage of title of the partial deliveries is not
effected until after the payment of the last partial delivery.
7. Cancellation
- If the
orderer / purchaser cancels the contract, the written
consent of the seller is needed in order for the cancellation to be
valid.
- When the consent is given, the orderer / purchaser is obliged to
compensate the seller in all costs thitherto incurred.
- In this case, the seller retains the ownership of drawings, models
etc. manufactured by himself. |
8. Liability
- The seller is
liable for the guaranteed quality according to the
statutory provisions; besides, he is only liable for damages caused by
gross negligence of contract violation on his part or on the part of a
legal agent or an auxiliary person. The same applies
to damages caused by breach of duty during the contract
negotiations.
9.
Guarantee
- The guarantee
claims against the seller are limited to the right of
rectification or replacement.
- Should an attempt to rectify or replace fail, the orderer / purchaser
will expressly be entitled to withdraw from the contract or to reduce
the purchase price.
- No guarantee is given by the seller for damages occurring due to
incorrect handling, improper use, unauthorised modification or
incorrect use.
- If any complaints are asserted on the part of the orderer / purchaser,
the rejected goods are to be sent back to the seller, free of charge,
with details about the conditions of use for checking purposes.
10.
Notification of defects
- Obvious defects are
to be notified in written form by the orderer /
purchaser not later than within a period of 1 week after receipt of
the
goods.
- If the orderer / purchaser fails to notify the defect, the delivery is
considered to be free from defect.
- Externally visible defects or shortfalls of packages are to be
recorded
at once on the consignment note.
11.
Returns
- The orderer /
purchaser is allowed to return the goods only after a
prior written agreement was reached between him and the seller.
- Without such a written agreement of the seller the costs of the return
are to be borne by the orderer / purchaser.
- The seller is entitled not to accept returns sent freight collect.
1 2.
Legal venue and place of performance
- The place of
performance for all deliveries and payments is the
domicile of the seller.
- The local legal venue for all business disputes arising from contracts
with merchants entered as such in the commercial register is
Gütersloh / Germany.
13.
Placing of orders
- In placing the
order the orderer / purchaser agrees – even without
explicit consent – to the aforesaid conditions.
14 .
Technical modifications
- The seller
explicitly reserves the right to make modifications to tools
and machines if required.
- The orderer / purchaser cannot assert any rights from this.
15.
Reprints
- Reprints of the
content of the price-list, even in extracts, of
illustrations or graphs require an explicit prior written consent.
- With this price-list all price-lists and offers prior to this cease to
be
valid.
- The prices of this list can be changed without any previous notice. -
- The seller reserves the right to calculate the prices / alloy
surcharges
valid at the day of dispatch.
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