Rothenberger Maincatalog n.: 711 - Pagina 385
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Versione testo Rothenberger Maincatalog Pagina 385
fects within the same period from the time at which they are identified. If the Buyer fails to properly inspect and/or provide notification of defects, our liability for the defect for which notification has not been provided, or has not been provided in good time, shall be excluded. 5. If the delivered item is faulty, we may choose whether to provide subsequent performance by way of rectifying the defect (subsequent improvement) or by delivering a fault-free items (replacement). Subsequent performance shall neither entail the dismantling of the faulty item nor new installation if we did not originally undertake to provide installation. The Buyer is to give us the necessary time and opportunity to provide the due subsequent performance, in particular handover the Goods for which notification of defects has been provided for inspection purposes. In the event of replacement, the Buyer is to return the faulty item to us. The limitation period does not begin to run again after subsequent performance. 6. If it becomes clear following an inspection that an item was not faulty, we may request compensation from the Buyer for the costs arising from the unjustified complaint (in particular inspection and transport costs) unless the Buyer could not recognize that the item was not faulty. 7. The Buyer’s claims for compensation for loss suffered or reimbursement of expenses incurred in vain shall only apply, including in the case of defects, in accordance with Section 9 and in other respects are excluded. 8. The above limitation periods of the sales law also apply to the Buyer’s contractual and non-contractual claims for damages that are based on faulty Goods unless application of the normal statutory limitation period (e. g. §§ 195, 199 BGB) would, in an individual case, result in a shorter limitation period. § 9 Limitation of liability 1. Claims for compensation for loss suffered, irrespective of on which legal grounds these are based, are excluded unless we are to be accused of intent or gross negligence or of violating a key contractual obligation (see paragraph 2 of this Section) more than just insignificantly. Where we are liable for simple negligence, the liability shall be limited to compensation of foreseeable, typical and direct damage. Compensation for indirect or collateral damage such as the loss of expected profit, loss of production and use and pecuniary damage regarding third party claims is excluded. 2. Essential contractual obligations are a) obligations that protect the Buyer’s essential contractual legal positions that are to be granted to him in accordance with the content and purpose of the contract and b) such contractual obligations, the honoring of which is required to properly execute the contract and compliance with which the Buyer can normally expect. 3. The aforementioned liability limitations also apply in the case of violations of obligations by, or in favor of, persons whose culpability is our responsibility in accordance with legal requirements. They do not apply if we have fraudulently concealed a defect, in the case of guaranteed provided in an exceptional case, to the Buyer’s claims in accordance with the German Product Liability Act or as a result of loss of life, physical injury or detrimental effects on health. § 10 Rental containers and pallets 1. If we make the ordered Goods available to the Buyer on Euro pallets or other re-usable packaging, these are to be replaced by the Buyer within 7 calendar days with replacement items of the same type and value, or are to be returned to us. If this does not occur, we shall be entitled to invoice the Buyer for the used pallets/packaging at the replacement price. 2. In the case of gas deliveries, rental containers or pallets shall only be handed over to the Buyer on a rental basis for the transport, storage and for the Buyer’s own use of the acquired gasses. Any other use, or forwarding to third parties, is prohibited. After emptying, the Buyer is to return the containers and pallets to us without delay at his own cost. 3. The Buyer shall be liable for any damage, pollution or loss of rental containers or pallets, and in such cases undertakes to inform us without delay. 4. In respect of surrendered rental containers that are not contrasted with appropriate gas containers for longer than three months, we may request as security an amount in the sum of the respective list price of similar, new, containers. Such an amount falls due for payment immediately. As soon as the Buyer returns a container for which security has been provided, the security shall be returned to the Buyer without interest and less potential repair costs. If the Buyer fails to return the containers, the security amount shall be set off against the compensation for damages payable by the Buyer. Potential residual content in returned containers shall not be remunerated. § 11 Product Discontinuations We reserve the right to cancel products with 6 months’ notice. § 12 Reservation of title 1. We reserve title to the supplied Goods up until all existing claims resulting from the business connection (current account reservation) against the Buyer have been settled in full. Processing/finishing or conversion shall apply at all times in our name and by our order for us, however without any obligation for us, and without loss of our ownership. 2. The parties agree that the reservation of title also applies as extended reservation of title. The Buyer is entitled to sell the Goods during the course of normal business activities. Other disposal is prohibited, in particular an agreement on assignment prohibition with customers is prohibited that could result in the loss of our ownership. 3. The Buyer assigns to us at this point in time any claims to which the Buyer is entitled resulting from the use of the reserved Goods. If the Goods are sold with external items, or used as a substance, the assignment only applies to the revenue part that corresponds to the joint ownership part. 4. The entitlement to resell the object of sale shall become inapplicable if the Buyer discontinues his payment or defaults in payment. In such cases, we shall be entitled to disclose the assignment and collect the claim. The Buyer is to notify us without delay if an application is filed for the institution of insolvency proceedings regarding his assets. 5. The Buyer is only entitled to collect assigned claims during the ordinary course of business activities. The Buyer is to provide notification of third party access to the reserved Goods without delay, and carry the cost of potential intervention. The Buyer is to insure the reserved Goods at replacement value and at its own cost, in particular against theft, water, breakage, fire and other damage. The Buyer is to treat the reserved Goods with due care, in particular comply with the proposed maintenance and use notices. 6. We undertake at the Buyer’s request to release securities insofar as the realizable value of the security exceeds the claims that are to be secured by more than 10 %. We are free to choose the securities that are to be released. 7. In the event of non-payment of the due purchase price irrespective of a reasonable additional period or if this can be dispensed with, we shall be entitled, in ac- cordance with the statutory requirements, to withdraw from the contract and/or demand return of the Goods as a result of the reservation of title. The demand for the return of the Goods does not simultaneously contain a statement of withdrawal. Moreover, we are entitled to merely demand the return of the Goods and reserve the right to withdraw. 8. For the duration of the reservation of title, in the event of the occurrence of damage we shall be entitled to all rights resulting from insurance policies entered into by the Buyer. In the absence of agreements to the contrary, benefits resulting from the comprehensive insurance are to be used in full for the repair of the delivery item. If a repair is waived following our approval in the case of severe damage, we shall use the insurance benefit to repay the purchase price and the cost of ancillary performance. § 13 Resale and export restrictions 1. Subject to deviating individual agreements, the Goods purchased from us are only intended for use within the territorial scope of the legal framework existing at the place of delivery. The catalogued offer of a product as a country version for a specific country or territory is equivalent to an individual agreement in this respect. 2. The transfer of the Goods purchased from us to a country other than that of the place of delivery is prohibited if the transfer violates an existing and subsequent export ban. This applies in particular to legal export restrictions, war weapons control, boycotts, embargoes and US sanctions. 3. Failure to comply with the limitation of paragraph 2 of this Section constitutes a serious breach of contract which entitles us to withdraw from the contract or to terminate the contract and obliges the customer to compensate for all damages and disadvantages incurred by us. § 14 Applicable law, place of jurisdiction 1. The law of the Federal Republic of Germany applies to these General Terms and Conditions of Sale and the legal relations between us and the Buyer, by way of exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. 2. The place of business stated in paragraph 1 of this Section is deemed the exclusive, including the international, place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. However, in all cases we are also entitled to bring legal action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions of Sale or at the Buyer’s general place of jurisdiction. This does not affect prior-ranking statutory requirements, in particular in respect of exclusive places of jurisdiction. § 15 Severability clause In the event that individual provisions of these General Terms and Conditions of Sale are or become invalid, this shall not affect the validity of the other provisions. The parties undertake to replace the invalid provision with a legally valid regulation that comes closest to the economic objective of the invalid provision. Date: June 2022 Additional terms of delivery and payment for Germany The following terms apply in addition to the general conditions for the sale of Goods (Pages 382–383): Surcharges: Hazardous material Solder material € 9.50 surcharge for dangerous Goods, per delivery The prices for solder material depend largely on the current silver and copper prices. Price surcharges due to increased raw material prices are reserved; please ask for the current prices. Route delivery € 5.00 Minimum quantities For orders under € 250.00 net surcharge of € 15.00 Shipping / Shipping costs flat rate within Germany: Shipping is carried out by us via transport carriers of our choice. We charge a flat rate for this: Goods value Surcharge Flat rates Up to € 250.00 € 15.00 € 12.00 net Up to € 399.99 – € 12.00 net As of € 400.00 – free house Payment of deliveries within EU, EFTA and UK: 30 days net from invoice date (no discount) Payment of deliveries outside the EU, EFTA and UK: Prepayment 385
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Il produttore è esclusivamente responsabile del contenuto, del prezzo e dei dettagli degli articoli dei prodotti e delle offerte presentati nei cataloghi. Con riserva di modifiche tecniche e ottiche da parte del produttore e salvo errori.
Il produttore è esclusivamente responsabile del contenuto, del prezzo e dei dettagli degli articoli dei prodotti e delle offerte presentati nei cataloghi. Con riserva di modifiche tecniche e ottiche da parte del produttore e salvo errori.