August Löher Katalog NR.: 138 - Seite 115
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Textversion August Löher Katalog Seite 115
Löcher mit Löher! Conditions of Sale 1. Applicability: Data. Documents and Trade Terms All specifications constained in the offer, such as illustrations, drawings, weights and measures, shall be approximate indications only, unless specifically marked as binding. Offer documents may not be handed to third persons without the Company's permission. Offers shall not be binding before orders are acknowledged by the Company in writing. If the order acknowiedgement refers to delivery clauses of intemational merchandise trade .e.g. fob . ct. etc., the meaning of these clauses shall be determined by the definitions of lncoterms. Any Buyer`s conditions of purchase or deviating confirmation shall not be binding on the Company and shall not require any communication. All contracts shall be subject exclusively to the the Company's Conditions of Sale. handing over of the goods to the fowarding agent or carrier at the moment when the goods leave the Company's works or the Company's subcontractor's works, in such case where the order is delivered directly to the Buyer from the subcontractor. Goods delivered shall be accepted by the Buyer notwithstanding the warranty and liability clauses regardless of whether they are damaged or defective. If shipment is postponed by the Buyer`s request or if it is delayed due to circumstances beyond the Company's responsibity, the risk shall pass on the Buyer on the day when the goods are ready for despatch. 7. Partial delivery, excess/short delivery The Company shall be entitied to effect partial deliveries. For the purpose of payments and complaints such deliveries shall be considered as independent deliveries . Excess or short deliveries shall be admissible up to 2. Delivery Delivery dales stated by the Company are 10 % of the total quantity to be delivered. given without obligation unless fixed terms expressly agreed. In the event 8. Reservation of title of firm delivery dales being agreed the may Title to all delivered goods shall be reserved be extended with or without notice when by the Company until the Buyer has comdelays occur due to circumstances beyond pletely intentionally or by gross negligence by the Company or any employee. This the Company's control. This provision shall be valid in particular for shall be valid also for damages caused by delays due to late delivery by subcontrac- non-compliance with the terms of the contors, operational breakdowns, failure of tract. goods produced to reach normal quality standards, strikes, force majeure, lack of 6. Shipment and passing or risk cooperation by the Buyer, or caused by de- The Company shall detetermine the forwarlayed granting of approvals. The Company ding agent or carrier, unless the Buyer gives shall not be responsible for such obstruc- specific instructions. Costs of shipment ting events beyond its control, even should shall be at Buyer`s expense, express rethey arise during an existing delivery delay. quest. Risk shall pass on to the Buyer upon handing over of the goods to the fowarding 3. Payment Unless otherwise agreed, invoices shall be agent or carrier at the moment when the goods leave the Company's works or the payable on their due date, net for deliveries of machines and installations Company`s subcontractor`s. payment shall be as follows: 1/3 of invoice The Buyer shall be entitied to resell the amount when placing the order, 1/3 when goods in the ordinary course of business. goods are ready for dispatch, and 1/3 upon The sale machines or installations shall, in delivery. Payments shall be made in € at every ease , require the Express approval customer`s to delivery clauses of intema- of the Company. tional merchandise trade.e.g. fob. ct. etc., The Buyer hereby assings to the Company the meaning of these clauses shall be de- any and all accounts and rights which the termined by the definitions of lncoterms. Buyer may have with respect to its custoAny Buyer's conditions of purchase or de- mers or third parties by reasons of the reviating confirmation shall not be bind- ing sale. The Buyer shall be entitled to collect on the Company and shall not require, any such accounts. The Company is entitled to communication. All contracts shall be sub- disclose the ject exclusively to the the Company's Con- assignment and to collect such accounts itseIf, in case the Buyer does not ditions of Sale. fulfill its payment obligations to the Company. 2. Delivery Delivery dales stated by the Company are In cases where foreign law is applicable, given without obligation unless fixed terms the Buyer shall be obliged to cooperate in expressly agreed. In the event of firm deli- all actions necessary for creating, justifying or maintaining the reservation of very dales being. ownership, to conclude, upon the Company's request, a written agreement on the re4. Prices Unless otherwise confirmed in writing, pri- servation of ownership, and to have the ces quoted are ex works, exclusive of value reservalion of title, if necessary, registered added tax and costs for packing and trans- with authorities, notaries or courts. port. Packing will be charged at cost and The Company shall further be entitled to cannot be returned. Unless fixed prices are mark as its property any machines and inagreed, the Company reserves the right to stallations, as long as they fall under the reinvoice the prices ruling on the dey of deli- servation of titIe. This shall appear when the Buyer has fallen behind his payments. very. 5. Liability The Company shall be liable for compensation only if damage is proved to have been caused intentionally or by gross negligence by the Company or any employee. This shall be valid also for damages caused by non-compliance with the terms of the contract. 6. Shipment and passing or risk The Company shall determine the forwarding agent or carrier, unless the Buyer gives specific instructions. Costs of shipment shall be at Buyer`s expense, express request. Risk shall pass on to the Buyer upon 9. Warranty The Company warrants that at the moment of passing of risk the objects of purchase by the Company will not be defective in such a way as to annul or reduce their value or their fitness for the usual or the use determined by this contract. The warranty period is 6 months. Warranty is in the first instance limited to claims for repair or replacement If repair or replacement do not eliminate the defect, the Buyer shall bentitled to claim cancellation or reduction d the purchase prise. The Buyer shall be obtiged to exame the goods and make complaints in respect defects immediately on receipt of the goods, acc. to art. 377, 378 HGB (Commercial Code). In cases of repair or replacement the Company shall bear the costs for the replaced part incutding transport and reasonable costs for disassembly and assembly, if upon the Company's request accounts itself, in case the Buyer does not fulfill its payment obligations to the Company. In cases where foreign law is applicable, the Buyer shall be obliged to cooperate in all actions necessary for creating, justifying or maintaining the reservation of ownership, to conclude, upon the Company's request, a written agreement on the reservation of ownership, and to have the reservation of title, if necessary, registered with authoritles, notaries or courts. The Company shall further be entitled to mark as its property any machines and installations, as long as they fall under the reservation of lilIe. This shall damages, even ace. to art. 326 BGB (Civil Code), shall be limited also in such cases to intention and gross negligence. 11. Degault of receipt, lump sum damages In case of the Buyer`s ffailure to accept the goods, the Company shan be enlilied, alter expiry of a reasonable period of grace to be set by the Company, to withdraw from the contract or to claim damages fot non-fulfillment. In all cases where damages are claimed, the Company shall be entitled - notwithstanding the right to claim a higher, actual damage to demand 15 % of the purchase price as compensation. This shall not limit the Buyer`s right to provide proof of the fact that no damages or less damages have occurred. 12. Applicable law All deliveries and obligations shall be subject exclusively to German law. Application of the laws on international purehase of movable properties as well as on concfusion of international sales contracts on movable properties shall be excluded. 13. Translations These Conditions of Sales have been tranlated info various languages. These translations shall serve, however, only for a better understanding by our foreign customers. In case of doubt the German text shall be the only binding one. 14. Ineffectiveness clause If a provision d this contract is or becomes invalid, this shall not affect the remaining clauses. The inellective provision shall be replaced by a provision which in an admissible way comes closest to the intended legal and economic result. 15. Place of performande jurisdiction The place of performance for all contractual obligations, also the obligation of repayment, shall be Remscheid. All disputes arising between the parties shall be subject to the jurisdiction of the courts relevant to the Company's head office. The Company reserves the right to pursue actions in the courts having jurisdiction over the Buyer`s haed office. entitled - notwithstanding the right to claim a higher, actual damage -to demand 15 % of the purchase price as compensation. This shall not limit the Buyer`s right to provide proof of the fact that no damages or less damages have occurred. 12. Applicable law All deliveries and obligations shall be subject exclusively to German law. Application of the laws on international purchase of movable properties as well as on conclusion of international sales contracts on movable properties shall be excluded. 115
Rechtliches
Das Angebot richtet sich ausschließlich an Geschäftskunden, Unternehmen, öffentliche Einrichtungen, Gewerbetreibende und Freiberufler. Alle Preise in Katalogen verstehen sich zzgl. MwSt., ggf. zzgl. Versandkosten und Aufschlägen.
Ausschließlich verantwortlich für Inhalt, Preis- und Artikelangaben der dargestellten Produkte und Angebote innerhalb der Kataloge ist der Hersteller. Technische und optische Änderungen des Herstellers und Irrtümer vorbehalten.
Ausschließlich verantwortlich für Inhalt, Preis- und Artikelangaben der dargestellten Produkte und Angebote innerhalb der Kataloge ist der Hersteller. Technische und optische Änderungen des Herstellers und Irrtümer vorbehalten.