SPAX Screws Catalogue Page 195
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GENERAL TERMS AND CONDITIONS the risk is transferred to the customer, even if we have assumed delivery and commissioned the carrier. We only take out transportation or warehouse insurance for the portion of the delivery route we are responsible for. 23. Unloading is always the customer’s duty and is done at his expense and risk. Delay in delivery 24. Agreed upon delivery periods are extended in the event of a shutdown of the company on the basis of national holidays or plant holidays. 25. If delivery is delayed due to a circumstance cited in item 24 or due to actions or omission of the customer, an extension of the delivery period is granted that is appropriate in view of the circumstances. 26. The customer is only authorized to withdraw from the contract if we are responsible for the noncompliance with the delivery date and if the customer set an appropriate grace period that did not lead to any results. Retention of title 27. We shall retain ownership of any and all delivered goods until the ultimate fulfillment of all claims from the business relationship with the customer. Even if payments are made for specifically designated claims, our ownership in such shall not terminate. 28. The customer is authorized to see such goods in the proper course of business insofar as he fulfills his obligations from the business relationship with us. However, the customer must not pledge such goods subject to retention of title nor assign such goods by way of security. The customer is obligated to secure our rights during the credited resale of such goods subject to retention of title. 29. If the customer violates his obligations, in particular for a delay in payment, we are authorized to withdraw from the contract and to take back our goods after a period set for the customer for performance expires without any results; statutory provisions regarding the dispensability of setting such a period remain unaffected. The customer is obligated to surrender the goods. We are authorized to withdraw from the contract if a petition is lodged to open insolvency proceedings regarding the customer’s assets. 30. A potential processing of the goods subject to retention of title is always done by the customer for us. If the goods subject to retention of title are processed or inseparably mixed together with items that do not belong to us, we acquire joint ownership in the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed or mixed items at the time of such processing or mixing. If our goods are joined together or inseparably mixed with other movable objects to one uniform product and if such is to be seen as the main item, the customer transfers to us joint ownership in a pro-rated fashion to the extent that the main item belongs to him. The customer shall keep such property or joint property for us free of charge. In addition, for the item created by processing or joining or mixing the same applies as does for goods subject to retention of title. 31. All claims and rights from the sale of goods to which we have ownership rights are already assigned to us by the customer as security. We hereby accept such assignment. 32. Regarding enforcement measures of third parties pertaining to goods subject to retention of title, pertaining to claims assigned to us or other securities, the customer must inform us immediately while providing all documents required for an intervention. This also applies for interferences of any kind. 33. If the value of the existing securities exceeds the secured claims by more than 20% in total, we are obligated to release securities at our discretion at the customer’s request. 34. Only returns accepted by us beforehand with a minimum discount of 20% on the purchase prices are approved. Notification of defects/material defects 35. The condition of the goods is determined solely by our information in our catalogs or in the offer or based on technical specifications expressly agreed upon in writing with the customer in individual cases. To the extent that we have to deliver based on drawings, specifications, samples, etc. of our customer, the customer shall bear the risk of suitability for the intended purpose. Crucial for the condition of the goods according to the contract is the point in time of the transfer of risk according to item 22. 36. The customer, or in the event of third-party deliveries his customers, must inspect our goods, even for delivery based on samples, immediately after receipt regarding correctness and suitability and must complain about a potential delivery failure, wrong delivery or excess or short delivery immediately - nonobvious defects immediately after having taken notice of such - in writing and in a precise fashion. In the event of delivery failure or wrong delivery, any processing as well as any resale must be refrained from immediately. At the latest after an expiration of two weeks, for obvious defects after receipt of the goods, for non-obvious defects after having taken notice of such defects, the goods are deemed approved if the written and precise notification of defects is not received by us until then. 37. If a formal acceptance of the goods or an initial sample testing was agreed upon, a notification of defects is excluded which could have been detected by the customer during the diligent acceptance or initial sample testing. 38. For material defects caused by unsuitable or incorrect transport, incorrect storage, use, erroneous assembly or bringing into service by the customer or by third parties, usual wear and tear, incorrect or negligent handling, we are not responsible neither for the consequences of inappropriate changes nor repair work carried out by the customer or by third parties without our consent. The same applies for defects that only slightly decrease the value or suitability of the goods. 39. Material defect claims become time-barred after 12 months after delivery. This does not apply to the extent that the law prescribes longer periods, in particular for defects on a building or for goods that were used in accordance with its customary use and that caused its defectiveness SPAX | GENERAL TERMS AND CONDITIONS 195
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