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General Business Terms
- In General
Deviations of these terms and conditions - particularly the
validity of cover regulations of the buyer - require our express
written recognition.
Our offers are without engagement. Orders are only obligatory
for us as far as we confirm them or meet them by over-shipment
of the goods. Oral agreements are only valid, if we confirm them
in written way.
These terms and conditions are at the latest valid by acceptance
of our goods or service.
- Offers
The product descriptive details made in price lists, leaflets,
offers or other documents like illustrations, diagrams,
descriptions, weights-, measures-, output-, consumptions data,
as well as details in the reference to usability of equipment
for new technologies are non-committal, furthermore only
approximately authoritative, as far as they are not described
explicit obligatorily.
- Prices
Our prices are individual. They are based on agreement basis for
each and every sales object.
As far as there is nothing others arranged, prices are seen
without installation, briefing, training or other services, of
delivering place Lunzenau / Rochsburg.
- Payment
Our invoices are duly and payable purely net register without
discount two weeks after date of invoice.
For different products / equipment immediately payment or
payment at collection is required.
At transgression of the payment term we charge, under
reservation of assertion other damages, interest cost in height
of the bank usual debet interests, of at least 5% above the
respective Ferderal Bank discount rate.
In case of arrears and reasoned doubts at the costumers
solvency, we are authorized to take securities or advance
payment for deliveries being due and to make all demands from
the business connections immediately duly - insignificant our
other rights.
Only undisputed or legally binding established demands entitle
the buyer to the balancing or retention.
- Delivery
The seller is authorized for part shipment or partial
performances at any time. These are considered as independent
businesses. The dispatch is exclusively carried out on the sole
risk of the receiver.
As long as the costumer is behind with an obligation, our
delivering duty rests.
Deliveries abroad are in principle only carried out after an
indivdual, written arranged advanced payment for cash. The right
of the Federal Republic of Germany is exclusively valid.
- Force Majeure
Cases of force majeure - meant are circumstances and
occurrences, which cannot be prevented with the care of a proper
management - suspend the parties for the duration of this
breakdown and for extent of the effects. If delays exceed a
period of six weeks, both contracting parties are authorized to
withdraw from the contract with regard to the concerned scope of
work.
Other claims does not last.
- Warrenty
All sales objects are used or unused utensils.
All informations about suitability, manufacture, use and other
informations are made in best knowledge but do not free the
buyer from own inspections and attempts.
All goods are sold like seen under exclusion of any guarantee
and warranty.
- Compensation for damages
Claim for damages, unimportant from which legal claim,
especially for bad fulfillment, positive breach of contract,
injury of side duties and faults during contract negotiations as
well as from forbidden actions are out of question.
- Reservation of ownership
Until the complete payment of our demands from the business
connection with the customer, the sold goods remain our
property. The customer is authorized to use the bought goods in
his proper business. The customer is obliged to insure the goods
against fire and larceny.
The reservation of title also includes goods, which originate
from manufacture, mixture or combination with our goods to their
full value. We are the owner of these goods. Last rights of
ownership of third parties in case of manufacture, mixture or
combination, we acquire co-ownership in relation of the invoice
values of the manufactured goods.
Access of third parties to the goods and demands belonging to us
has to be informed to us by the buyer immediately with a
registered letter.
The practice of the reservation of ownership means not the
resignation of the contract.
For the goods - and the demands which replace goods - it is
neither allowed to pawn them on third, nor to do a transfer of
ownership before a complete payment of our goods demands.
The customer is only authorized for resale or use of our goods
in the context of the proper commercial traffic. If the customer
gets into default or if he becomes insolvent, we are authorized
to reclaim the goods, beeing in our property.
In case of resale of our goods, the customer is obliged to pay
the full price immediately.
- Venue
Place of fulfilment for both sides is the location of the
salesman.
Exclusive place of jurisdiction for all present and future
claims from business connections with merchants, is the location
of the salesman. The same place of jurisdiction is valid, if the
customer have no general venue in Germany, or if the customer
misplaces his ordinary place of residence from inland after the
conclusion of a contract or his ordinary place of residence is
not known at the moment of accusation.
- Unwirksamkeitsklausel
For all agreements and right actions german right is exclusively
valid.
If single regulations of these conditions get or are already
completely or partly ineffective, then the validity of the other
conditions is not touched through this. Rather they are
interpreted this way, that the legal regulations are inserted
and the original wished purpose is reached.
- Data Privacy Protection
The costumer approves of the fact that we use the data from
business relations for our own business purposes in sense of
data protection law within our company.
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