MACK Werkzeuge Katalog Spanntechnik Seite 338
Gewerbekunden Angebot**Topseller von Mack
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Terms and conditions I. Quotation, Conclusion of Contract 1. The present Terms and Conditions shall apply exclusively for all our supplies and deliveries. They are considered accepted by the Purchaser once he accepts the first delivery and shall be valid for the entire duration of business relation. Any amendments by the Purchaser – verbal or by phone – shall not be accepted. They shall only be binding if confirmed by us in writing. 2. Our quotations shall always be subject to change without notice. Orders shall be considered accepted if confirmed by us in writing. If any delivery/service is provided immediately without any confirmation, the invoice shall also be deemed to be the order confirmation. 3. Excess or short deliveries of up to 10 % of the order quantity (at least 1 off) are acceptable for special tools made to the customer’s specification. The respective delivery shall be invoiced. 4. All details like weight, dimensions, performance and other technical parameters shall be considered approximative unless they are explicitly defined as binding. Allgemeine Geschäftsbedingungen / Terms and conditions II. Delivery and Pricing 1. Our deliveries are made on an “ex works” basis at the Purchaser‘s risk and expense. 2. In case of a collection, we may charge packaging material 3. Prices are understood plus the statutory Value Added Tax. 4. Delivery dates confirmed by us shall not be binding but subject to a correct and punctual supply to ourselves. Delivery periods shall be prolonged adequately in case of labour disputes, strikes, lockouts and by other unforeseeable events beyond our control. We shall not be held responsible for the aforementioned events even if they occur within an existing delay. The Purchaser shall be informed on the beginning and end of such event. 5. The minimum order value amounts to Euro 40,00. The markup for small-volume purchases below Euro 40,00 is Euro 10. III. Return of goods and credit notes 1. Goods must ONLY be returned for credit after prior approval by the seller. 2. Any goods returned must be in original packing, undamaged and with full accessories included. Otherwise no credit note can be issued. 3. A restorage fee of 10% of the order value shall be charged, however, a minimum of Euro 10,00. If an order is placed in return, we will charge 5% or Euro 5,00 resp. 4. We expressly reserve the right to charge higher restorage fees under certain circumstances e.g. a poor state of returned goods or to subsequently refuse acceptance at all. 5. Items beyond the standard range of our catalogue (e.g. special goods or quantities and/or special productions) MUST NOT be returned at all. 6. Goods bought more than 6 months ago must not be sent back. 7. Goods returned to us carriage forward, shall not be accepted and returned at the Purchaser‘s expense. limitation – irrespective of service life – providing the origin thereof already existed at the time of passing of risk. Claims to quality defects will become statute-barred in 12 (twelve) months. The period of time commences with the passing of risk. We shall have to be informed immediately in writing if the material sold by us is found to be defective. Failure to do so shall release us from any warranty obligation. We have the right to remedy defects which must be carried out by ourselves or qualified personnel entrusted by us.The Purchaser shall have to grant us sufficient time for remedial action. Replaced items become our property. 2. If the Purchaser or any third party carries out said remedial action, we shall not be held responsible for any consequences. If goods are remedied, repaired or modified by the Purchaser or a third party without prior approval by us, we shall be released from any warranty claims. 3. Warranty claims shall not be accepted in case of inappropriate use, faulty assembly and/ or putting into operation by the Purchaser or a third party, normal wear, misuse or improper handling, insufficient maintenance, chemical, electro-chemical or electrical influences. 4. Our obligation to remedy delivered items shall only cover transport, material and labour costs. Unless in cases of gross negligence, we shall not be liable for any further costs incurred. 5. We shall not be liable for defects of material supplied by the Purchaser. If manufacture is carried out according to the Purchaser‘s drawing, we shall only be responsible for an execution according to said drawing. 6. For essential third-party products our liabiity shall be limited to the liability claim towards the supplier of the aforementioned third-party product. 7. Further claims of the Purchaser - in particular with regard to indemnification of damage, not having occurred to the delivered object itself - shall be excluded. Such disclaimer shall of course not be applicable in cases of gross negligence of our legal representative or senior executives. IX. Overall Liabilities Any application-related information provided in our general sales catalogue, project documents etc. shall not release the Purchaser from his obligation to convince himself of the adequacy and suitability of our products for the intended use. Any liability claims based on culpable infringement of other collateral duties shall be excluded in any case, unless attributable to gross negligence or willful intent of our legal representatives or leading staff. Where applicable, such liability shall be limited to a maximum of 5 % of the pertinent order value. X. Supplier’s Right of Withdrawal from the Contract If the performance of an order that is based on the Purchaser’s draft or drawing turns out to be not feasible for any reason (e.g. missing technical or technological design requirements), we shall be entitled to withdraw – fully or in part – from the contract. No claims for damages shall be accepted by the Purchaser resulting from such withdrawal. XI. Trade mark rights Orders confirmed by us on a make-and-hold-basis have to be called off within one year after the date of order at the latest. 1. For all sketches, drawings, photographs and other illustrations contained in our documents and quotations we reserve both property and copy rights. Any reproduction, duplication, disclosure to third parties shall be prohibited unless expressly authorized by us. 2. The Purchaser shall assume sole responsibility for all kinds of document, plans, samples or the like to be submitted. Moreover, he shall assure that said documents will not infringe on any property rights of third parties. We cannot be held responsible for any execution drawings submitted by the Purchaser that are affecting any property or trade mark rights unless a deliberate act or gross negligence becomes evident by us or a member of the leading management. If any claims should be asserted by third parties, the Purchaser shall have to indemnify and hold us harmless. 3. Production facilities manufactured for the purpose of fabrication of the subject-matter of the contract, shall not be delivered but remain our property even if invoiced fully or in part. VI. Retention of Title XII. Place of jurisdiction and payment 1. All goods delivered shall remain our property until full payment of the purchase price (incl. all related claims incurred with shipment of the goods) has been effected. Any claims of the Purchaser resulting from a resale of our goods – delivered under retention of title – shall be deemed to be ceded to us as security. The Purchaser is allowed to collect receivables for the ceded claims as long as he fulfills his payment obligations with the seller. If title retention goods are processed, we acquire property of the new product. In case of any processing, commingling or mixture of our title retention goods with other products, we acquire a coownership according of the share of our product. 2. In case of any resale of title retention goods by the Purchaser, the latter shall be obliged to provide all information necessary to collect payment. 3. Any retention of tile shall persist even if our claims are forming part of a current account, a final balance has been determined and acknowledges. 4. The Purchaser shall be obliged to resell our goods with a retention-of-title-clause, too. 5. Pledging or security transfer of our title retained goods and/or ceded claims as well as factoring are impermissible. 6. Upon our instigation the Purchaser shall have to inform all debtors of any ceded claims, provide all information required for collection and submit the corresponding documents. 7. Prior to any seizure of the goods delivered or any other impairment whatsoever by a third party, the seller has to be informed. Any costs entailed by such seizure of pledge shall have to be borne by the customer. 8. We are entitled to withdraw delivered goods in case of any late payments, payment stops, insufficient information about the Purchaser’s liquidity or his financial status, pending compulsory executions or procedures based on claims arising out of bills of exchange. The Purchaser is obliged to hand over the delivered goods. Any costs incurred shall have to be borne by the Purchaser. 9. Any petition in insolvency proceedings shall entitle us to resign from the contract and insist on a return of the delivered object. 1. Place of performance and jurisdiction shall be the registered office of the relevant seller. We are, however, entitled to file a suit at the Purchaser’s headquarters. 2. Contractual relationships shall be governed by the laws of the seller’s headquarters. IV. Payment, Default of Payment 1. Payments shall have to be made according to the terms set forth on the relevant invoice. 2. For delayed payments we will charge default interest in the amount of 8% above the relative base rate. Default of payment entitles us to a cancellation of the contract without prior notice. If payment of one invoice is delayed all other payments resulting from the business relationship shall become due immediately. V. Make-and-Hold-Orders VII. Claims 1. Obvious quality flaws or defects shall have to be announced in writing immediately, however, no later than 8 days after receipt of the goods. 2. In case of any justified complaints, payments shall only be reduced in reasonable proportion to the defect incurred. VIII. Warranty and Liabilities We are liable for the following defects in quality: 1. All parts or services will be remedied, at our discretion, free of charge or redelivered or provided again, that are found to feature a quality defect during the statutory period of 336 XIII. Miscellaneous 1. We expressly declare our willingness to negotiate contractual terms other than those set forth in the present “General Terms and Conditions”. The ineffectiveness of individual contract terms, however, shall not affect the validity of the remaining ones. Should one term prove to be ineffective, it shall be replaced by its legal equivalent. 2. Purchaser’s data shall be stored within the frame of regular data processing on the basis of the existing business relations. You can find our data protection declaration on our website. © 2025
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