BURG-WÄCHTER Main Catalogue Page 333
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BURG-WÄCHTER Product Catalogue 2024/25 General terms and conditions Sec. 1 Applicability 1. The following General terms and conditions (hereinafter referred to as GTC) apply to all supplies and services of BURG-WÄCHTER KG and the contractual partner (hereinafter referred to as the purchaser). The GTC apply exclusively to all contracts with companies in the sense of § 14 BGB (German Civil Code), legal entities under public law or special public assets ordering goods from us. In the absence of any express agreement to the contrary, we therefore assume that transactions concluded with us are for the respective business activity of the customer and not for private use. 2. These GTC apply exclusively; any purchaser’s opposing conditions or terms differing from our Terms and Conditions shall be rejected if not explicitly approved in writing. Our GTC also apply in case we perform a delivery without reservation to the purchaser while being aware of opposing or differing terms of the purchaser. 3. Our terms of sale, delivery and payment also apply for any future business transactions with the purchaser. Sec. 2 Quotations 1. Our specifications relating to prices, quantities, delivery dates and possible deliveries are non-binding. We shall be bound to our quoted prices for a period of 60 days from the date of quotation if not otherwise agreed in writing. We reserve the right to implement changes in dimensions and colours, as well as technical modifications. Minor differences in weight and dimensions are due to the production process. 2. We reserve the right of ownership and intellectual property rights to any graphical representation and images, concepts, calculations and other materials. The indicated materials may not be made available to a third party without our explicit written consent. The use of image data requires a separate agreement. Sec. 3 Terms of pricing and payment 1. If not otherwise agreed in writing, the billing shall be made in euros. Prices start at € 200 net free to the door, for more information, see info box "Shipping conditions". Different terms for deliveries for islands to be requested. 336 General terms and conditions Our prices are quoted for a purchase of original packaging units. When a smaller quantity is ordered, we are entitled to bill a surcharge at 25 % of the purchase price. 2. All the prices we indicate are net prices, unless expressly stated otherwise, they are to be understood excluding VAT in the applicable amount as at the invoice date. Our invoices are due in 30 days from the invoice date net with no discount. The discount will be 2 percent for payment within 10 days as from the invoice date. The entitlement to any discount becomes void in case older invoices are overdue. These provisions do not apply to invoices for repairs and installation, as well as to any billing for equipment, which are always due immediately and with no discount. In case any payment or its part is overdue, the purchaser is considered in delay even without any dunning or reminder notice. We are entitled to charge interest on late payments at the applicable statutory interest rate on late payments. 3. The purchaser is entitled to perform an offset only if its counter claims have been legally recognised and they are uncontested or if they have been recognised by us. Furthermore, the purchaser is entitled to exercise a right of retention only insofar as its counter claim is based on the same contractual relationship as the payment claim. Sec. 4 Delivery and delivery time 1. Adherence to the delivery time is conditional upon the clarification of all technical aspects. Any goods purchased based on a release order shall be released within 12 months, provided no different explicit arrangement is agreed. When such a period expires, we are entitled to deliver the goods disregarding any restriction, without having to wait for a release order. 2. The adherence to the agreed delivery time or to the rightfully determined delivery scheduling is conditional upon us being delivered any primary materials or purchased parts from our subcontractors in due time as ordered and as necessary for the accomplishment of the purchaser’s order (with the reservation of a self-delivery). If we are unable to adhere to binding delivery schedules for reasons for which we are not responsible (unavailability of the service), we shall inform the purchaser of this immediately and communicate the expected new delivery schedule at the same time. If the service is still not available within the new delivery schedule, we are entitled to withdraw from the contract in full or in part; we will immediately refund any payments already made by the purchaser. Unavailability of the service may result from failure by our suppliers to provide self-delivery in a timely manner, for example, if we have concluded a congruent hedging transaction, in the event of other disruptions to the supply chain owing to force majeure, for example, or if we are not obliged to undertake procurement on a case-by-case basis. The occurrence of our delay in delivery is determined in accordance with the statutory regulations. An overdue notice from the purchaser is always required. 3. The rights of the purchaser in accordance with the provision of these GTC concerning liability and our statutory rights, in particular in the event of exclusion of the obligation to perform (e.g. owing to impossibility or unreasonableness of performance and/ or supplementary performance), remain unaffected. 4. Compensation claims by the purchaser based on a delayed delivery are also excluded after the expiry of any period for delivery imposed on us. This does not apply to the extent of legally imposed responsibility in case of intent or gross negligence or of injury to life, body or health; this constitutes no alteration of the burden of proof to the detriment of the purchaser. The purchaser is entitled to rescind the contract within the framework of applicable legal provisions, insofar as the delay in delivery is imputable to us. 5. If the purchaser is in delay with acceptance or if the purchaser infringes on any other duty to cooperate, we are entitled to claim compensation for the damage incurred, including any additional expenditures. In such case, also the risk of accidental deterioration or of accidental degradation of the goods is transferred to the purchaser at the moment the purchaser is in delay with acceptance. 6. If no other arrangement is made, we are entitled to partial deliveries. The purchaser is not entitled to refuse partial deliver- ies, unless they are impracticable for the purchaser because of the nature of the purchaser’s contractual obligations or because of the properties of the goods or their intended use. Sec. 5 Risk transfer The shipment is always made at the purchaser’s account and risk. This also applies when the goods is shipped to another address as required by the purchaser. For the purpose of shipment, we always choose the way appearing to be most advantageous. Immediately after the delivery, the purchaser shall check the goods with regard to their completeness and any identifiable damage and notify us about any loss or damage found within 5 days from the receipt of the shipment. Sec. 6 Terms of warranty 1. Any warranty rights of the purchaser are conditional upon the purchaser’s compliance with its obligations regarding inspection and notification according to § 377 of the German Commercial Code (HGB). § 377 HGB also apply mutatis mutandis when we only provide a pure service to the purchaser. 2. Insofar as the purchased item is defective, we are always first entitled to be granted the opportunity to provide supplementary performance according to § 439 of the German Civil Code (BGB). 3. Unless otherwise specified below, any other claim by the purchaser irrespective of its legal basis is excluded. The aforementioned exclusion of liability shall not apply insofar as the cause of damage is based on intent or gross negligence, as well as in case of injury to life, body or health. It shall also not apply insofar as we have assumed a guarantee for the properties of the particular item or for its durability. The aforementioned exclusion of liability shall also not apply to such damage, which was caused by culpable violation of material contractual obligations (these are obligations, the fulfilment of which is a prerequisite for enabling proper performance of the contract, and the observance of which can be, as a rule, replied upon by our contractual partner, so-called “cardinal obligations”); in such case, provided no intent or gross negligence exist and we have assumed no guarantee, our liability shall be limited to foresee-
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