Kroll Energy Main catalog Strana 29
Nabídka komerčních zákazníků **Nejlépe prodávané z Kroll Energy
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CondiTionS of SaLeS and deLivery §6 1. 2. 3. 4. §7 1. 2. 3. 4. 5. 6. §8 1. 2. 3. reservation of property rights We reserve the property right for our goods, until entire payment is received, also for all outstanding claims existing in the complete business relation. in case the Buyer does not abide the contract, especially concerning the payment conditions, we have the right to cancel the contract and to collect back our goods. after taking back the goods, we have the right to use them. The revenue coming out of the exploitation of the goods is credited on the Buyer’s payables appropriate costs of exploitation deducted. in case the withdrawal cannot be realized we are entitled to claim for damages. The Buyer has the right to resell the goods in accordance with his / her adequate and orderly accounting business. The buyer transfers, already now, all claims against his buyers of the resold goods, to us. We herewith accept the transfer. The Buyer remains authorized to collect claims transferred to us. This authorization expires immediately when the Buyer ceases his payments. in case of garnishment, other interventions of other persons or eventual damages or destruction of the goods, the Buyer has to inform us immediately. also a change of property of the purchased subject, as well as a change of registered office has to be indicated without delay.. claims for defects The Buyer has the right to claim defects only after his duly fulfilled obligations of inspection and reprimand according to § 377 HGB. in case there is evidence of defect taken by us, we will eliminate it at our option and for our account, or we will deliver goods without defects (supplementary performance). The purchaser has the obligation to allow examination of the goods if demanded also by third party. as character of the object of purchase, only our product description is valid. Parallel public exclamation, praise or advertising does not represent any contractual indication of the character of the goods. We take responsibility according to legal law, as far as the purchaser is claiming compensation, which result of intention or gross negligence. as long our behavior cannot be proved as an intentional or grossly negligent breach of duty, the responsibility of compensation is limited to the damage, arising typically in the respective case. This is not valid for responsibility of life, body or health, neither for the obligatory responsibility according to the law of product liability. The period for claiming defected goods by the purchaser is one year from the date of delivery of the goods. The purchaser is not given any guaranties in the sense of Law by us. Guarantees of producer are not concerned herewith. responsibility Concerning other claims for damages we are responsible at best, in case of lightly negligent breach of duty, only for that kind of damage, that is typically arising for this kind of the object of purchase. This is valuable also for lightly negligent breaches of duty by our legal representatives or assistants. our responsibility for lightly negligent breaches of unessential duties is excluded. responsibility of guilty damage of life, body or health remains untouched. The same applies to the obligatory responsibility according the law of product liability. § 9 place of fulfillment The place of fulfillment for delivery is respectively the place from where the goods are sent, for payments and other liabilities reporting to the contract it is the address of the our registered office. § 10 final clauses 1. The law of the federal republic of Germany is valid. The clauses of un Convention on Contracts for the international Sale of Goods are not applicable. 2. as an exclusive jurisdiction for all disputes out of this contract the competence of either the regional or the County court is agreed, dependent of the value of the object. 3. Purchaser’s date necessary for the execution of the order, are safe and processed for own purpose. notification according § 33 BdSG resulted with this. 4. Should single terms of the contract, including these conditions of sale and delivery, are or become partially or completely void, the validity of the other terms remain thereof untouched. The completely or partially void term, shall be replaced by a term, whose economic success is as close as possible to that of the void term. all our outgoing goods are checked and packed with the greatest care. However, in rare cases items arrive damaged. When an order is delivered, please check it immediately for external damages and for completeness. in the case of visible damage (e.g. foil or packaging damaged, cracks, holes, dents or dented edges) we recommend unpacking and checking the consignment in the presence of the forwarder. refuse the delivery, or accept the delivery but make the delivery person aware of the damages and sign for the goods clearly writing “damaged”, and exactly describing the damages in the paperwork. Photos are also helpful for proof. acknowledge us any damage immediately. if claims concerning damages or quantity are not, not adequately or not duly made, the goods are considered as undamaged and completely delivered (§ 438 HGB). Claims for damages or missing goods at a later date can’t be asserted neither against us, nor against insurance. Kroll Energy gmbH Highly modern production lines and a constant, uncompromising quality management ensure that Kroll products are of impeccable workmanship and long durability. 29
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