CELO main catalog Page 314
Commercial customer offer**Top sellers from CELO Befestigungssysteme GmbH
AGB that the purchaser informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment. 7KHSXUFKDVHULVREOLJHGWRUHMHFWDQ\H[FOXVLRQRIDVVLJQPHQWVUHTXHVted by his customer when reselling the goods. We are entitled to notify the purchaser‘s customer of our ownership and the assignment. 6. The purchaser is not permitted to transfer ownership by way of security, pledge or assigning receivables, including by way of sale of receivables. ,IWKHYDOXHRIWKHVHFXULWLHVH[FHHGVWKHFODLPVE\DWRWDORIPRUH than 20%, we shall be obliged to release securities of our choice at the purchaser‘s request VII. Warranty 1. The goods shall correspond to the respective state of the art, unless otherwise agreed in writing. We reserve the right to make changes to the construction or design that do not affect the functionality or value of the ordered item and do not constitute a defect. The same applies to manufacturing-related dimensional tolerances. 2. The purchaser must inspect the goods immediately upon receipt and check whether they are complete and correspond to the contractually agreed condition and are suitable for the intended use. :HVKDOOEHQRWLͤHGLQZULWLQJZLWKRXWGHOD\DQGQRODWHUWKDQRQHZHHN after receipt of the goods, about complaints due to incorrect or incomplete deliveries or due to other defects. If hidden defects occur later, ZHVKDOOEHQRWLͤHGDERXWWKHPLQWKHVDPHIRUPDQGZLWKLQWKHVDPH period but calculated from the time of the discovery of the defect. &RPSODLQWVGXHWRKLGGHQGHIHFWVDUHRQO\DGPLVVLEOHXQWLOWKHH[SLU\RI two years after receipt of the goods. 7KHGHIHFWVFRUUHVSRQGLQJWRDFRPSODLQWVKDOOEHVSHFLͤFDOO\GHVFULEHG $IWHUWKHH[SLU\RIWKHGHDGOLQHDFFRUGLQJWRLWHPWKHJRRGVVKDOOEH deemed approved and the purchaser shall not be entitled to any rights whatsoever. ,QFDVHRIDFRQVLJQPHQWWKDWLVDOUHDG\H[WHUQDOO\GDPDJHGWKHSXUchaser is obliged to immediately assert any claim for damages in writing to the carrier and to immediately inform us thereof in writing. 7. Insofar as the goods are defective, the purchaser shall be entitled, at his discretion and after setting a reasonable deadline, to demand a subVHTXHQWVHUYLFHLQWKHIRUPRIUHFWLͤFDWLRQRIWKHGHIHFWRUGHOLYHU\RID defect-free item. If the subsequent service within the meaning of sec. 440 p. 2 of the German Civil Code fails, the purchaser shall be entitled, according to his choice, to withdraw from the contract or to reduce the SXUFKDVHSULFH7KLVVKDOODOVRDSSO\LIZHVHULRXVO\DQGͤQDOO\UHIXVH VXEVHTXHQWSHUIRUPDQFH,IWKHUHLVRQO\DQLQVLJQLͤFDQWGHIHFWWKH purchaser shall only be entitled to a reduction of the purchase price. ([FHSWLQFDVHVRILQWHQWJURVVQHJOLJHQFHDQGSHUVRQDOLQMXU\ZDUUDQW\ claims in respect of all products supplied by us shall become statutebarred within one year, unless otherwise agreed in writing. The period VKDOOFRPPHQFHRQWKHGDWHVSHFLͤHGLQVHF RIWKH*HUPDQ&LYLO &RGH,WVKDOOH[SLUHDWWKHODWHVWRQWKHH[SLU\RIWKHSHULRGVSHFLͤHGLQ sec. 199 para. 3 and 4 of the German Civil Code. :DUUDQW\FODLPVVKDOOQRWH[LVWLQWKHFDVHRIPHUHLQVLJQLͤFDQWLPSDLUment of the usability, in the case of natural wear and tear and damage that occurs after the transfer of risk as a result of incorrect or negligent XVHH[FHVVLYHVWUHVVGHIHFWLYHDVVHPEO\RUGXHWRVSHFLDOH[WHUQDOLQfluences that are not assumed under the contract. Furthermore, material GHIHFWVVKDOOQRWH[LVWLIWKHSXUFKDVHUKDVQRWFRPSOLHGZLWKWKHLQVWructions for handling, maintenance, inspection and care of the goods, in particular those contained in the operating instructions. 10. If the purchaser or a third party carries out improper repair work or changes to the goods, there shall also be no warranty claims for these and the resulting consequences. 11. In the event of fraudulent concealment of a defect or in the event of the assumption of a guarantee for the quality of the goods at the time of the transfer of risk within the meaning of sec. 444 of the German Civil &RGHWKHULJKWVRIWKHSXUFKDVHUVKDOOEHJRYHUQHGH[FOXVLYHO\E\WKH statutory provisions. 8QOHVVPDQGDWRU\VWDWXWRU\SURYLVLRQVH[LVWWKHZDUUDQW\VKDOOEH provided only for the customer and not for the purchaser‘s customers. We do not provide warranty for the suitability for a particular purpose or the marketability of the respective object of purchase. $OOIXUWKHUFODLPVLQSDUWLFXODUIRUORVVRISURͤWDQGFRQVHTXHQWLDO KDUPFDXVHGE\DGHIHFWDUHH[FOXGHGXQOHVVWKH\ZHUHW\SLFDOIRUWKH contract and foreseeable. 14. If the purchaser demands a warranty from us and it later transpires that we are under no obligation in this respect, the purchaser shall bear all UHDVRQDEOHH[SHQVHVLQFXUUHGE\XVLQWKLVFRQQHFWLRQ 7KHDERYHZDUUDQW\ULJKWVVKDOOH[SLUHPRQWKVDIWHUGHOLYHU\7KLV GRHVQRWDSSO\LQFDVHVRILQWHQWJURVVQHJOLJHQFHDQH[LVWLQJJXDUDQtee, or the fraudulent concealment of a defect. VIII. Liability $OOFODLPVIRUGDPDJHVE\WKHSXUFKDVHUDJDLQVWXVDUHH[FOXGHG regardless of the legal grounds, unless we or our vicarious agents have acted with intent or gross negligence or have breached material contractual obligations through slight negligence. Material contractual obligations are obligations which protect the legal positions of the contractual partner which are material to the contract and which the contract is intended to grant to the contractual partner in accordance with its content and purpose. )XUWKHUPRUHHVVHQWLDOREOLJDWLRQVDUHWKRVHREOLJDWLRQVZKRVHIXOͤOPHQWPDNHVWKHSURSHUH[HFXWLRQRIWKHFRQWUDFWSRVVLEOHDQGXSRQZKRse compliance the contractual partner has relied and was entitled to rely. 2. In particular, the purchaser shall also have no claim to compensation in the event of non-delivery or delayed delivery, even if a period of grace has been set and this has elapsed. 3. In the event of gross negligence or a slightly negligent breach of a material contractual obligation, damages shall be limited to the typical and foreseeable damage. 4. Liability for damage not occurring to the subject matter of the contract LVH[FOXGHGH[FHSWLQFDVHVRILQWHQWDQGJURVVQHJOLJHQFH /LDELOLW\IRUFXOSDEOHLQMXU\WROLIHOLPERUKHDOWKVKDOOUHPDLQXQDIIHFWHG this shall also apply to mandatory liability under the Product Liability Act [Produkthaftungsgesetz] or in the event of the assumption of a warranty. ,QVRIDUDVRXUOLDELOLW\LVH[FOXGHGRUOLPLWHGWKLVVKDOODOVRDSSO\WRWKH personal liability of our employees, workers, staff, representatives and vicarious agents. 7. A limitation period of one year shall apply to all claims for damages or FRPSHQVDWLRQIRUIXWLOHH[SHQVHVLQWKHFDVHRIFRQWUDFWXDODQGQRQ FRQWUDFWXDOOLDELOLW\DVVHUWHGDJDLQVWWKHYHQGRUH[FHSWLQFDVHVRILQtent, gross negligence or personal injury. The period shall commence at WKHSRLQWLQWLPHVSHFLͤHGLQVHF RIWKH*HUPDQ&LYLO&RGH,WVKDOO FRPPHQFHDWWKHODWHVWXSRQH[SLU\RIWKHPD[LPXPSHULRGVVSHFLͤHG in sec. 199 (3) and (4) of the German Civil Code. The statutory limitation period shall apply to claims for damages under the Product Liability Act. IX. Final provisions *HUPDQODZVKDOODSSO\ZLWKWKHH[FOXVLRQRIWKH81&RQYHQWLRQRQ Contracts for the International Sale of Goods [UN-Kaufrecht] unless otherwise agreed in writing. 2. The contract language is German. 3. Place of performance is 86551 Aichach, Germany. 7KHH[FOXVLYHSODFHRIMXULVGLFWLRQIRUDOOGLVSXWHVDULVLQJIURPWKLVFRQWUDFWLQFOXGLQJDFWLRQVRQFKHFNVDQGELOOVRIH[FKDQJHLV$XJVEXUJ If the purchaser has no general place of jurisdiction in Germany or anotKHU(8PHPEHUVWDWHWKHH[FOXVLYHSODFHRIMXULVGLFWLRQIRUDOOGLVSXWHV arising from this contract shall be our place of business. 7KHFRQWUDFWWH[WVKDOOQRWEHVWRUHG 6. Should one or more of these terms and conditions be or become wholly or partially invalid, incomplete or in need of supplementation, this shall not affect the validity of the remaining clauses. 7. In this case, the parties undertake to agree on a provision that comes as close as possible to what was economically intended. Gaps in the provisions shall be dealt with in the same way. Publication date: 2021-06-11 313
316 Pages | Valid until 03/2023 | Previous page | Next page
Choose your language
Legal issues
The manufacturer is exclusively responsible for the content, price and article details of the products and offers presented in the catalogues. Subject to technical and optical changes by the manufacturer and errors excepted.
Request form for special products
The ToolTeam® Procurement Service
Are you looking for products that are shown in the catalogue but cannot be purchased directly online?Our procurement service will be pleased to make you a non-binding and individual offer.