PROBST - Ersatzteilkatalog Strana 156
Nabídka komerčních zákazníků **Nejlépe prodávané z Probst GmbH
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Truck Crane Attachments Attachments General Salesfor Conditions truck cranes 1. Preamble 6. Subject of Contract The conditions stated in the following are valid for each order; they exclude the conditions of the Purchaser even if not contradicted expressively. Other Agreements and later modifications are in any case only valid by written confirmation. The statements regarding measurements, weights, material and services are carefully stated by the Vendor however not binding, except they are expressly determined to be binding. This is also concerning all statements on construction and suggestions for construction. The Vendor reserves the right for modifications due to technical progress. Any drawings, samples or documents of the Vendor remain the exclusive property of the Vendor. They may not without the Vendor’s consent be passed on to a third party. This is to point out the Vendor’s copyright. The contractual characteristics of the goods are only relating to our product-description and to the written agreements. Unilateral expectations of the Purchaser as well as advertisments or other comments of the Vendor or his assistants are not taken into consideration. Demonstration-products, tools and other equipment needed for the execution of an order, remain the Vendor’s property, even if the Vendor partially invoices the costs. 2. Offer All documents belonging to the offer like drawings, indications of weights and measures constitute an approximate guide. The data shall not be binding save to the extend that they are by reference expressly included in the offer. Any drawings or technical documents as well as preliminary quotations and other documents remain the exclusive property of the Vendor. These confidential documents may not, without the Vendors consent, be utilized by the Purchaser or copied, reproduced, transmitted or communicated to a third party. Orders and agreements of all kind need the written confirmation by the Vendor. 7. Guarantee 3. Prices The prices are quoted ex works, packing excluded, without engagement. The prices stated in the order-confirmation are fixed, except there are agreed free prices due to long delivery times. Invoiced will be the prices which are valid on the date of delivery. 4. Delivery The agreed delivery time starts with the date of order-confirmation, however only if all details regarding the execution of the order will be clarified. Acts of God and other circumstances which are beyond the control of us and of our suppliers like transport disturbances or operating breakdown, lack of material or of parts from suppliers authorize us to claim an adequate extended term. Purchaser’s claims for damages due to failure to perform or delay are excluded if we are not willfully responsible for the damage. The term of delivery is kept when the product has left the works or it is advised ready for dispatch within the agreed time. Should delay in delivery be caused by the Purchaser, he will be charged for each month with at least 1/2% of the total invoice amount beginning one month after dispatch date thus covering the costs which arise by storage in the Vendor‘s works. The fulfilment of contract by the Purchaser is a precondition for the keeping of delivery times by the Vendor. 5. Packing, Transport, Risk The kind of packing, way of despatch and shipping route is determined by the Vendor except if there is a special previous agreement. The costs and risks for the transport of the goods are to be beared by the Purchaser. Provided that no other instructions are given by the Purchaser, we organize the transport by the way that seems best to us without taking responsibility for having chosen the utmost favourable and shortest way. The Purchaser bears every risk as soon as the merchandise is handed over to the transport agent or carrier. An insurance against transport damages will only be effected if it is expressly desired by the Purchaser and the costs will be invoiced to him. In case of transport through the Federal Railway Company or a forwarding agent the Purchaser has to take care of the settlement of his claim by himself. The maturity for our request of payment is not affected. 1/2023 – 154 Provided that it is not about insignificant fault, the Vendor performs under exclusion of other claims for faults of the delivery to which belongs also the absence of strictly guaranteed or guaranteed qualities, guarantee as follows: for all brand new parts produced by us we take over the guarantee for 1 year in the normal use, 1/2 year in the shift work so far material defects or production mistakes or the absence of guaranteed qualities are proved. For used parts the warranty is reduced by half in each case. The warranty period is 6 months commencing with delivery (Wearing parts are excluded). If the dispatch, the installation or the introduction is delayed without fault of the Vendor, the liability expires not later than 18 months after transmission of risk. Rubber bars used as gripping elements are wear articles and are not subject to the guarantee. Faults by incorrect assembly or initial start-up, unsuitable or inappropriate use or changes or repairs by the Purchaser or third persons, natural wear, incorrect or careless treatment, excessive strain, unsuitable methods of operation, exchange materials, chemical, electro-chemical or electric influences expels every guarantee, provided that they are not to be led back on a fault of the Vendor. Further rights, particularly claims to substitute of the losses which have not appeared in the subject of delivery themselves, are expelled. Notices of defect within the above stated frame are only recognized if they are asserted within two weeks after reception of the goods, with first not recognizable fault immediately after knowledge by written statement. Objections on the amount are only considered if they are brought forward immediately on receipt of the consignment in written form. The examination and reprimand obligation also encloses operating instructions and assembly instructions. Also damages which are subject to the guarantee have to be indicated immediately in writing. A claim to transformation or decrease does not exist, unless we are not able the lack to repair. To the realization of all repairs inevitably appearing to the Vendor and substitute deliveries the customer after communication with the Vendor has to give the required time and opportunity, otherwise the Vendor is freed from the liability for defects. Only in pressing cases of the endangering of the operational safety and to avoid disproportionately big losses, whereby the Vendor is to be informed immediately, or if the Vendor is in delay with the removal of the lack, the customer has the right to allow to remove the lack by third persons and has a claim for reimbursement of wasted expenditure towards the Vendor. Further claims, e.g., substitute of wage or spoiled equipment, etc., are expelled. Repair or substitute is our choice. If the parts are returned not free of charge so they will be sent back also not free, i.e. a freight way is carried by us with the cheapest way of dispatch.
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