HAZET Main Catalog Side 520
Kommercielt kundetilbud **Top-sælgere fra HAZET
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Information General terms and conditions of sale, delivery and payment A. General Provisions I. Validity 1. All offers, sales, deliveries and services of HAZET-WERK Hermann Zerver GmbH & Co. KG (hereinafter referred to as “HAZET”) are based exclusively on the following general terms and conditions (hereinafter referred to as “Terms and Conditions”). Conflicting terms and conditions of the Purchaser pursuant to §§ 305 ff. of the German Civil Code („BGB“), in particular purchasing conditions of the Purchaser do not apply on any account, nor also if HAZET does not contradict them after receipt. 2. The following Terms and Conditions are an integral part of all contracts concluded with HAZET’s contractual partners for its deliveries and services. Agreement is given to the Terms and Conditions when the order is placed or the delivery accepted. The Terms and Conditions do not apply to relations with consumers in the sense of Section 13, BGB. 3. Modifications and/or supplements to these Terms and Conditions are only valid if written agreement thereto has been given. The written form pursuant to these Terms and Conditions also comprises the text form 4. “Purchaser” refers to the contractual partner irrespective of the nature of the contract. 5. To the extent that nothing else is agreed in these Terms and Conditions, the determining factor for the interpretation of the various terms of delivery is the INCOTERMS® 2020. II. Offers and Conclusion of Contracts 1. HAZET offers are subject to confirmation and without obligation. Requests can be accepted by HAZET within thirty (30) days. The Purchaser is thus bound to its request for at least this period. A request is deemed as accepted when HAZET has confirmed it in writing to the Purchaser. The delivery and invoice are both deemed as confirmation of an order. 2. HAZET reserves the right to ownership and the copyright to the documentation pertaining to the offer (illustrations, drawings, descriptions and the like); third parties may only obtain access to the documentation if it is intended to be circulated. Otherwise it should be returned to HAZET upon request. 3. The information, drawings, illustrations, technical data, weights, measurements and descriptions of services included in brochures, catalogues, circulars, advertisements, price lists or in the documentation pertaining to the offer are only intended to convey a general idea of the products described. They do not include any explanations, other assurances or guarantees and shall not become an integral part of the contract. Common practice deviations, or modifications which are made due to legal regulations or as technical improvements, are permitted insofar as they do not adversely affect the contractually intended use. III. Prices 1. Prices are net cash plus VAT of the respective statutory amount as well as freight ex works or warehouse and do not include outer packaging, postage and insurance. 2. If the Purchaser’s value of consignment exceeds a value of 750 euros net, i.e. excluding VAT, the delivery shall be made with carriage paid to the Purchaser’s address within Germany and without charging for the standard trade packaging. This applies exclusively to deliveries to the Purchaser‘s address. For different delivery addresses, the prices listed under Point III shall apply. 1. IV. Payment Conditions 1. Unless otherwise agreed in writing or indicated on the invoice, the invoices are due for full payment in euros immediately, irrespective of any delays in delivery for which HAZET is responsible. An agreed discount always refers only to the invoice value excluding freight. Unless otherwise agreed, discount periods begin from the invoice date. 2. The receipt by HAZET shall determine the timeliness of payment. 3 As long as purchase price receivables based on older invoices which are due for payment are still unsettled, it is not permitted to make a cash discount deduction in any case. 4. If special agreements are the basis, HAZET shall only accept fulfillment cheques and bills of exchange which are re-discountable with the Bundesbank (German Central Bank). 5. Bills of exchange or cheques shall be credited subject to receipt with the value of the date – and only apply as payment on the day – when HAZET can ultimately dispose over the proceeds. The Purchaser shall bear all costs and disbursements which result from this. 6. If the Purchaser falls into payment arrears, the Purchaser shall pay interest on the respective claim at a rate of 9 percentage points above the basic interest rate pursuant to Section 247 of the BGB (Bürgerliches Gesetzbuch; German Civil Code). The right to assert further claims due to the delay remains unaffected. 7. If it becomes discernible after conclusion of the contract that the payment claim by HAZET is jeopardised by inadequate performance on the part of the Purchaser or if other circumstances occur, which are indicative of a significant deterioration in his performance, HAZET can refuse agreed advance performances as well as exercise the rights from § 321 BGB. This also applies insofar as HAZET‘s duty of performance is not yet due. In such cases, HAZET can furthermore call in claims from the current business relationship with the Purchaser. Inadequate performance on the part of the Purchaser is also deemed to be case if the Purchaser is at least three weeks in payment arrears with a considerable amount, furthermore a considerable downgrading of the limit available to him for HAZET‘s goods credit insurance. 8. The retention of payments or offsetting with the Purchaser’s counterclaims is only permitted if the counterclaims are undisputed or have become legally binding, or they would entitle the Purchaser to refuse his performance pursuant to § 320 BGB. 9. Claims against HAZET are only assignable with HAZET‘s written consent. V. Securities / Retention of title 1. The ownership of the delivered goods („reserved property“ in this section A. V.) is transferred under the condition precedent of full payment of the purchase price. Furthermore, HAZET shall retain ownership of all delivered goods until the fulfillment of all claims by HAZET, in particular also the respective outstanding balance claims, which are due to HAZET as part of the business relationship (balance reservation). This also applies if the payments are made for specifically designated receivables. The balance reservation shall expire finally with the settlement of all claims still outstanding and covered by this balance reservation at the time of payment. In case of prepayment transactions or cash transactions pursuant to § 142 Insolvency Ordinance, only the simple retention of title according to A. V. 1. clause 1 shall apply, the extension and prolongation forms of the retention of title shall not then apply. 518 2. The Purchaser may only sell reserved property during the course of normal business and as long as it is not behind with the payment of outstanding receivables towards HAZET. The Purchaser herewith assigns in advance to HAZET all receivables against third parties arising from such sales in the amount of the respective invoice value for the resold reserved property, including the statutory VAT. HAZET shall accept this assignment. The same applies for other claims, which occur at the point of the reserved property or otherwise result in respect to the reserved property, for instance insurance claims or claims from illicit action upon loss or destruction. 3. If the Purchaser sells the reserved property together with other objects not delivered by HAZET, the assignment of the receivables from the sale shall apply only in the amount of the invoiced value of the reserved property, the value of which is stated in the HAZET invoices. In case of processing, combination and mixing the reserved property with other goods by the Purchaser, HAZET is entitled to co-ownership of this in the proportion of the invoice value of the reserved property to the invoice value of the other goods used. If HAZET‘s ownership is terminated by combination or mixing, The Purchaser shall already assign to HAZET the ownership rights to which he is entitled to the new inventory or the item in the scope of the invoice value of the reserved property and store it free of charge for HAZET. The co-ownership rights apply as reserved property. 4. The Purchaser is entitled to collect the receivables from the sale to third parties. 5. HAZET is entitled to revoke the authorisation to collect receivables given in A. V. 4 if the Purchaser defaults on its payments, as well as in the event of a significant decline in the Purchaser‘s financial situation pursuant to A. IV. in the event of A.IV.7. Without the need for such a revocation, the collection authority expires with the placement of a request for insolvency proceedings or with the assignment of security measures in an insolvency proceeding. Upon request the Purchaser must inform HAZET of the assigned receivables and their debtors, and provide the documentation necessary for the collection of the receivables. Upon special request by HAZET the Purchaser shall inform the affected third-party debtors of the assignments having taken place. 6. Insofar as the Purchaser becomes entitled to claims against insurance companies or other third parties due to the reserved property deteriorating or becoming damaged, lost or destroyed, or for other reasons, these claims shall also be assigned instead of the sales proceeds to HAZET, in advance and to the same extent, and with all ancillary rights. 7. Rights arising from the retention of title and from all the special forms stipulated in these conditions are also deemed as contingent liabilities, which HAZET has accepted in the Purchaser’s interest, until the title is transferred in full. 8. The Purchaser may not make or allow dispositions regarding the reserved property which do not correspond to the above conditions. 9. The Purchaser must inform HAZET in writing and without undue delay of seizures and other risks to HAZET’s rights, which risks arise from third parties, and give information necessary for legal action to be brought by a third party claiming title to the seized property in accordance with §771, Code of Civil Procedure (Zivilprozessordnung – ZPO). The Purchaser shall be liable if HAZET suffers a loss because a third party cannot pay the legal and out-of-court costs of legal action which it must reimburse to HAZET pursuant to § 771, ZPO. 10. HAZET is entitled, at the Purchaser’s expense, to insure the reserved property against fire, water and theft unless the Purchaser can demonstrate that it has taken out such insurance itself. 11. If the value of the securities, including offset possibilities, exceeds the secured receivables by more than 20% for an extended period of time, HAZET is obliged upon the Purchaser’s request to release securities of HAZET’s choice. VI. Return of Goods 1. Insofar as HAZET is not obliged to take back goods, HAZET shall only take back goods insofar as the goods are current, in their original packaging and re-sellable and insofar as HAZET has consented to the take-back in writing beforehand. These must be returned free of charge. 2. A credit note for goods returned pursuant to A. VI. 1. is made with 80% of the calculated price. Costs for any reprocessing or new packaging shall be deducted additionally. The credit note can only be credited with new deliveries of goods. As a general principle, returns of insulated tools cannot be accepted for safety reasons. B. Deliveries, Warranty, Liability I. Delivery Periods, Delivery Dates 1. Periods and deadlines set by HAZET for deliveries and performances always apply only approximately, unless a fixed period or a fixed deadline is expressly assured or agreed. 2. The delivery periods commence with the receipt of the order confirmation but not before all the details of the order have been completely clarified and any necessary national and international official certificates have been obtained. The delivery periods and dates refer to the time of shipment, i.e. dispatch ex works or warehouse. These are also deemed to have been observed with the notification that the goods are ready to be dispatched, even if, through no fault of HAZET‘s, they cannot be dispatched on time. 3. Without influencing HAZET’s rights arising from the Purchaser’s default, the agreed delivery period is extended by the time during which the Purchaser defaults on its obligations arising from this or other business plus an appropriate start-up period. 4. Partial deliveries are permitted as far as the Purchaser can be reasonably expected to accept them. Each partial delivery is considered an independent business transaction. 5. HAZET is entitled to withhold outstanding deliveries if the Purchaser does not fulfil its payment obligations or if there is reasonable concern that it cannot fulfil such an obligation (right of retention). HAZET reserves the right in any case to make deliveries in return for advance payment or cash on delivery. 6. HAZET‘s delivery obligation is always subject to the reservation of correct, timely and contractual self-delivery, unless the incorrect or delayed self-delivery is the fault of HAZET. 7. If HAZET is in delay with a delivery or other service, the Purchaser can demand replacement of the delay damage as well as the performance; but in the case of minor negligence this is limited to maximum 10% of the agreed price for the delayed delivery or performance. The right of the Purchaser to damage compensation in lieu of performance pursuant to B. VII. 1. and B. VII. 2. remains unaffected.
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