Heller Tools Catalog Side 162
Kommercielt kundetilbud **Top-sælgere fra Heller Tools
GENERAL TERMS AND CONDITIONS Excerpt from the terms and conditions of Heller Tools GmbH. The complete terms and conditions are available on our website at: www.hellertools.com. APPLICABILITY 1. Our shipments and services are provided exclusively under the following conditions. 2. Business terms of the buyer that are not expressly accepted by us shall not apply. GENERAL PROVISIONS 5. Details and figures of our products that are contained in the brochures and catalogues are subject to changes to the extent that they do not impair the utilisation purpose to an unacceptable extent. DELIVERY 8. Unless agreed otherwise, the delivery within Germany will take place by parcel service. Outside Germany, the mode of shipment will be governed by the respective individual agreements. 10. The minimum order value per shipment is EUR 100.00 (net, exclusive of value-added tax) for package shipments listed in Section 8. Outside these countries, the respective, individual agreements apply. 13. We will deliver goods of an order value of more than EUR 250.00 (net, exclusive of value-added tax) on a freight prepaid basis. For goods shipments with an order value below EUR 250.00 (net excluding VAT) we charge the following shipping flat rates within Germany: net order value excluding VAT: EUR 150.00 to 249.99 shipping flat rate of EUR 5.90; EUR 100.00 to 149,99 shipping flat rate of EUR 8.90; up to EUR 99.99 shipping flat rate of EUR 9.90. For shipments outside Germany, individual freight charges will be applied. 14. As a matter of principle, all kinds of return shipments must coordinated and must be delivered by the buyer on a freight prepaid basis. In the case of return shipments on a freight collect basis and uncoordinated return shipments, we reserve the right to reject the return shipment and bill the costs we incur. Return shipments without defects will only be accepted in exceptional cases and by agreement, subject to a processing fee of 10 percent of the net goods value. TERMS AND CONDITIONS OF PAYMENT 16. All invoices are payable immediately and without deductions upon invoicing, unless otherwise agreed in writing. Withholding of payments or offsetting of any counterclaims of the buyer that are disputed by us is not permitted. 19. Payments shall be made as agreed. If the payment deadline is missed, we may charge default interest in the amount that the bank charges us for overdraw facilities, but at least in the amount of 8 percentage points over the respective base interest rate of the European Central Bank. 21. Our sales representatives are not authorised to collect payments. RETENTION OF TITLE 22. The goods delivered by us will remain our property until all claims from the business relationship with the buyer are paid. 25. The buyer proactively assigns all claims and rights from the sale or letting (if the buyer is permitted to do so) of goods to which we hold property rights to us as collateral. We hereby accept the assignment. DEFECTS OF QUALITY 31. Claims for defects in quality expire after 12 months. This shall not apply if longer periods are prescribed by law. PLACE OF FULFILMENT, JURISDICTION AND APPLICABLE LAW 43. Unless specified otherwise in the order confirmation, the location of our registered office shall be the place of fulfilment. 44. The courts of Vechta, Germany, shall have jurisdiction over all legal disputes, including bill of exchange and cheque proceedings. We may also file charges at the domicile of the buyer. 45. The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply. 162
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