PROBST - Product Catalogue Strana 151
Nabídka komerčních zákazníků **Nejlépe prodávané z Probst GmbH
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General sales conditions The guarantee expires if the subject of delivery is treated by foreign party, also with pressure of time an other treatment needs our consent in particular. We are not responsible for failures as a result of bad assembly by the customer or third persons, of bad maintenance or carelessness, of unsuitable or inappropriate use or of excessive use. Precondition for the guarantee is the fulfillment of the contractual obligations by the Purchaser. Because of the notices of defect about which no doubt exists, payments may be held back only in the appropriate relation to the appeared lack. Particularly no compensations may take place against earlier or later deliveries. Returns need the previous agreement of the Vendor. 8. Right to rescind of the Purchaser and other liability of the Vendor The Purchaser can withdraw from the contract if the whole performance is definitively impossible before risk transfer or the delivery within an appropriate term which may not remain under a month, did not take place, unless, the performance hindrance is to be represented from the Vendor at least mainly or it is about a case of point 6. paragraph 4. As far as partial performances are possible and for the Purchaser useful also after ending of the contract, the right to rescind limits itself to the parts not yet performed. If the impossibility enters during the acceptance delay or by fault of the Purchaser, he remains obliged to do the settlement. If partial performances have already taken place for the purposes of the paragraph 1, a compensation claim also exists in this respect. The Purchaser has furthermore a right to rescind if the Vendor has passed inactively an adequate extension placed to him for the repairing or reworking due to a failure to be represented by the Vendor in the sence of these terms of delivery. If the Vendor decides on an extended elimination of the lack, the Purchaser only has a right to rescind if the elimination of the lack has failed two times. The appropriate extension does not begin earlier, than the lack and the representation obligation of the Vendor are determined and proved. The Purchaser can also assert reduction instead of his right to rescind. If the Purchaser or a third person makes inappropriate changes or repairs without previous approval of the Vendor, there is no liability of the Vendor for the consequences appearing from it. The liability of the Vendor is determined exclusively according to the preceding points of this agreement. All not strictly admitted rights there, e.g., on delivery of a faultless product, resignation of the contract or decrease as well as on substitute of losses of every kind, namely also from such losses which have not appeared in the subject of delivery and regardless of any legal argument, are excluded. This exclusion of liability applies not with intention and gross negligence of legal representatives or fulfillment assistants and by culpable violation of main liability. The exclusion of liability finds no further application if qualities which are strictly guaranteed are missing, if the warranty has just aimed to safeguard the buyer against the losses which have not appeared in the subject of delivery themselves, as well as if the damage is based on a circumstance, for which the Vendor has taken over a guarantee. The same applies if a procurement risk realizes which the Vendor has explicitly taken over. Finally, the exclusion of liability applies not in that cases in which according to the country right valid in each case a damages obligation exists which can not be expelled by contract, particularly for product liability. Except for losses for life, body and health and for intention and coarse negligence of legal representatives and fulfillment assistants, the extent of the damage to be replaced is limited however, on foreseeable losses. 18 If the financial situation of the Purchaser gets worse after agreement to the contract essentially and is thereby endangering the payment entitled to the Vendor, the Vendor is entitled to refuse the performance, until the settlement is effected or is performed safety for him. 10. Delay in Payment If the Purchaser does not keep to the arranged term of payment, we charge from maturity for interests by the legal height according to German law. Before payment of payable amounts the Vendor is not obliged to do any other delivery, as far as the Purchaser does not perform safety for this. In case of outstanding overdue payment, indebted by the Purchaser, all unpaid invoices of the Vendor become immediately payable. 11. Retention of title of ownership Up to entire satisfaction of all claims from the business connection remain the supplied goods property of the Vendor. The Purchaser has to keep the goods duly and to insure them. If the Purchaser is late with payable payments in more than 10 workdays the Purchaser is obliged on demand of the Vendor to return the supplied goods, without the Vendor must explain before the withdrawal of the contract. 12. Acceptance, call, right to rescind of the Vendor On call bought goods are to be accepted within a month after demand to takeover. If the Purchaser is in acceptance delay, the Vendor can store the goods at the expenses and risk of the Purchaser and can invoice him all expenses appearing from it. The same applies if due to circumstances attributed to the Purchaser, goods ready for dispatch can not be dispatched. If the Purchaser continues to delay acceptance of the goods in spite of passed time-limit, is a payable payment more than 30 days in the delay or commits the Purchaser another weighty breach of the contract, the Vendor is entitled to the withdrawal of the contract and to claim for damages. 13. Arbitration board, place of delivery, other rights The rights of the Purchaser are not transferable. The legal ineffectiveness or change of single regulations do not touch the validity of the rest regulations. To the place of an ineffective regulation that permissible regulation should step which comes to the economic thought of the ineffective regulation in the next. Place of delivery for all deliveries is the manufactoring work of the Vendor, in Erdmannhausen, as far as no divergent agreement has been met. The preceding conditions apply to every order. Other conditions are for the Vendor only bindingly if he has recognized them in writing. On the contract the right of the Federal Republic of Germany is applicable under exclusion of the agreement of the United Nations from the 11/04/1980 about contracts about the international goods purchase. All disputes which arise in connection with the contract or about its validity, are decided according to the arbitration board order of the German Institution for Arbitration Board Ability Inc (DIS) under exclusion of the neat course of law finally. The arbitration board also can make a binding decision about the validity of this arbitration agreement. 9. Payment The settling place for payment and the currency are agreed especially. A delay in payment or a setting off is only acceptable in case of undisputed or legally binding counter-claims. 1/2023 – 149
156 Stránky | Platí do 12/2023 | Previous page | Další stránka
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