Röhm - Automation Technology NR.: 2272 - Side 126
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Tekstversion Röhm - Automation Technology Side 126
General Terms of Sale and Delivery § 1 Offer, conclusion of contract and contractual contents 1. Our Terms of Sale shall apply exclusively; we do not recognise contradictory terms and conditions or terms and conditions which deviate from our Terms of Sale unless we had explicitly approved their validity in writing. Our Terms of Sale shall also apply if we carry out the delivery to the buyer without reservation in the knowledge of contradictory terms and conditions of the buyer or terms and conditions which deviate from our Terms of Sale. 2. Our Terms of Sale shall only apply towards an entrepreneur within the meaning of Section 14 BGB [German Civil Code]. 3. Our General Service Terms shall apply with precedence over these Terms of Sale in the respective valid version in cases, which comprise the service offer of RÖHM GmbH. 4. Our offers are always to be understood as invitatio ad offerendum and are therefore without obligation insofar as they have not explicitly been described as binding. The contract shall only be concluded with our written confirmation and in line with its contents and – if a written confirmation is missing – by the service/delivery. If a delivery/service is carried out immediately without a confirmation then the invoice shall at the same time be deemed as an order confirmation. 5. Costs for the production of drawings for special constructions are to be borne by the orderer insofar as the offer does not lead to an order for reasons, for which we are not responsible. 6. All details concerning weights, dimensions, services and technical data, which are contained in our printed material, catalogues, price lists or in other contractual documents, merely serve for purposes of information and are only binding insofar as they are explicitly described as binding. 7. We reserve the right to make construction and form changes to the object of contract insofar as no changes are made hereto, which are deemed unreasonable for the orderer. 8. The documentation consists of the compilation drawing, the BOM with marking of the parts subject to wear and tear and spare parts as well as assembly instructions upon request. Respectively in German and/or, upon request, in English. This free documentation will be supplied in a digital form. The PDF format shall apply to drawings, BOMs and texts. Any scope of documentation beyond this is liable to costs respectively requires a special agreement. The documents may not be reproduced in full or in part, not made accessible to third parties or used for any other purpose apart from that for which they were handed over to the customer without our prior written authorization. 9. The corresponding measurement methods for tests, with which certain temperatures, times and other measured or control values should apply, must be stipulated before start of delivery and recognised by both parties. If no stipulation is made the measurement methods usually applied by RÖHM shall apply, we shall provide the details thereof upon request. 10. Samples will only be supplied against payment and owing to a separately placed order. 11. Assurances, collateral agreements and amendments to the contract require a written form in order to be valid. This requirement cannot be waived orally. 12. Placed orders are irrevocable unless the supplier has approved the revocation in writing. 13. In case of export business the delivery is carried out at the conditions agreed on the order confirmation, the international regulations for the interpretation of customary contractual forms shall apply in addition (incoterms 2010 of the International Chamber of Commerce, respective valid status). 14. Our General Business Terms shall apply to the RÖHM online shop with the following supplementations: a) The offer on the part of the customer is submitted binding as soon as the customer orders the products in the shopping basket by using the function „binding order“. b) A purchase in the online shop is only possible if the customer actively agrees to our General Business Terms. c) Mistakes and errors with regard to the goods availability, prices and other details and data excepted. Diagrams in the online shop are merely for the purpose of illustration respectively as visual aids; the description is binding. d) We will inform the customer if the product ordered by the customer is temporarily or permanently not available. 15. Our „product information“, technical information leaflets as well as other productspecific publications shall apply in addition to the General Business Terms. These are always to be complied with in their current version. § 2 Prices 1. In the absence of special written agreements the prices in the Federal Republic of Germany shall apply „carriage paid“ recipient plus the statutory value added tax. With export business the object of delivery shall be deemed as sold „ex works“ if nothing is determined in the contract concerning the type of sale. A processing fee of EUR 1.00 will be charged for individual orders with a goods value of less than EUR 150.00 net, a processing fee of EUR 30.00 for orders with a goods value of less than EUR 50.00 net respectively plus the applicable rate of value added tax. This shall apply to deliveries within the domestic country and overseas. At the customer’s request the goods can be delivered to an alternative shipping address against a logistics fee in the amount of EUR 10.00. 2. We would like to point out that we will only carry out the shipment at the customer’s request. This shall have no effect on the regulations according to Section 5. 3. We shall charge the prices valid upon conclusion of the contract, which are based on the cost factors which are valid at this time. Should these cost factors (in particular material, wages, energy, etc.) change between conclusion of the contract and the agreed delivery time then we are entitled to make a corresponding change to the prices. In case of export business the supplier is entitled to terminate the contract extraordinarily with regard to the part of the order that has not yet been completed or to adjust the prices for this accordingly in the event of a substantial devaluation in the currency, in which the order is concluded. 4. In case of conclusion ex works the goods will be conveyed at the costs and risk of the orderer. With all other consignments the provisions stipulated in the incoterms 2010, respective valid status, will apply with regard to insurance and the assumption of risks. 5. We will inform the buyer of our production quantity for parts/products, which are produced especially according to the buyer’s requests. The buyer undertakes to purchase the quantities confirmed to him. 6. Excess and shortfalls in deliveries of up to 5 %, with special tools up to 10 %, at least however 2 pieces, are permitted and do not substantiate any quality defects. The respective delivery will be charged. § 3 Terms of payment 1. In the absence of a special agreement the payment is to be made without any deduction free paying agent within 10 days after the invoice date – also with partial deliveries. 2. In case of default of payment interest will be charged in the amount of the credit costs charged by banks, at least however interest in the amount of 9 % above the respective base lending rate of the ECB. 3. In case of export business the payments are to be made in line with the agreed terms of payment. 4. Costs of the payment transactions, in particular bank charges for overseas transfers to us, shall principally be for the expense of the customer. § 4 Delivery time 1. The start of the delivery deadline stated by us presumes the clarification of all technical questions. Delivery dates stated by us are – insofar as not explicitly agreed or described as binding – non-binding and shall merely represent an expected delivery date. 2. The compliance with our delivery obligation further presumes the timely and proper fulfilment of the buyer’s obligations, in particular the compliance with the agreed terms of payment. The right is reserved to the plea of the unfulfilled contract. This right shall also consist of obligations from previous deliveries which have not been satisfied in full. 3. The delivery deadline shall begin with the sending of the order confirmation, however not before the provision of the documents, permit, releases, etc., which are to be procured by the orderer, as well as not before the receipt of the agreed down payment. 4. If a binding delivery date has been agreed then the supplier also has to deliver within the deadline. The delivery deadline shall have been adhered to if the object of delivery has left the plant by the time it expires or notification has been given that the object is ready for delivery, the right is reserved to the timely and correct self-delivery. If the orderer changes his order with regard to parts of the delivery then the delivery deadline shall only begin to apply new again with the confirmation of the change. 5. Force majeure, war, civil commotion, strike, lock-out or measures of authorities, no matter for what reason, which oppose a delivery, as well as deficiencies of raw materials, of transport means as well as theft – also at the sub-suppliers – shall release the supplier from the obligation to deliver within the agreed deadline. The orderer is to be notified immediately of the occurrence of the event and of the expected implications. 6. Deliveries before expiry of the delivery time and in reasonable parts are permitted. 7. The adherence to the delivery time presumes the fulfilment of the orderer’s contractual obligations. 8. The regulations of Subclause 10 shall apply in the event of the delay in delivery or impossibility. § 5 Passing of risk and acceptance 1. The risk shall pass to the orderer by no later than with the despatch of the delivered parts also if partial deliveries are made or we have taken over other services e.g. the shipping costs or delivery to the location and installation. 2. At the orderer’s request the shipment shall be insured by us against theft, damages caused by breakage, transport, fire and water and other insurable risks at his costs. 3. If the shipment is delayed as a result of circumstances, for which the orderer is responsible, then the risk shall pass to the orderer from the day upon which the goods are ready for shipment; however we are obliged to procure the insurances, which he requests, at the request and costs of the orderer. 4. Delivered objects are, even if they feature insignificant features, to be accepted by the orderer irrespective of the rights from Section 8. § 6 Delay in acceptance, order on call 1. If the orderer does not accept the object of contract within the deadline we are entitled to set him a reasonable final deadline, to dispose otherwise over the object after its expiry and to supply the orderer with a reasonably extended deadline. Our rights to cancel the contract under the pre-requisites of Section 326 BGB and to request damages owing to the non-fulfilment shall remain unaffected hereby. If we request damages owing to non-fulfilment we can request 40 % of the agreed price plus value added tax as compensation unless the orderer proves less damages. We reserve the right to assert higher actual damages. 2. Orders, which are confirmed by us on call, must – insofar as nothing special has been agreed – be accepted by no later than within one year from the order date. The same shall apply in case of date reservations or sustainable „on call position“. Subclause 6.1 shall apply accordingly in case the goods are not called within the stated deadline. § 7 Reservation of title 1. The objects of the deliveries (reserved goods) shall remain our property until the fulfilment of all claims to which we are entitled against the buyer from the business relationship. Insofar as the value of all security rights, to which we are entitled against the buyer, exceed the amount of all secured claims by more than 10 %, we will release a corresponding part of the security rights at the buyer’s request. 2. During the existence of the reservation of title the buyer is prohibited from a pledge or assignment as collateral and the resale only permitted for resellers in the customary course of business and only under the condition that the reseller receives a payment from his customer or stipulates the reservation that the property shall only pass to the customer when he has satisfied his payment obligations. 3. In case of attachments, seizures or other disposals or interventions of third parties the buyer has to inform us immediately so that we can file an action according to Section 771 ZPO [German Code of Civil Procedure]. Insofar as the third party is not in the position to reimburse us the court and out-of-court costs of an action according to Section 771 ZPO, the buyer will be liable for the loss incurred to us. 4. The buyer undertakes to treat the object of purchase with due care and attention; he is in particular obliged to sufficiently insure these at the value as new at his own costs against damages caused by fire, water and theft. Insofar as maintenance and inspection work is necessary the buyer must carry this out in time at his own costs.
Juridiske oplysninger
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Producenten er kun ansvarlig for indhold, pris og artikeldetaljer for produkterne og tilbuddene i katalogerne. Med forbehold for tekniske og optiske ændringer og fejl fra producentens side.
Producenten er kun ansvarlig for indhold, pris og artikeldetaljer for produkterne og tilbuddene i katalogerne. Med forbehold for tekniske og optiske ændringer og fejl fra producentens side.