BMI Measuring Instruments Page 100
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General Te rms of Payment and Deliver y Edition 2024 1. Scope 7. Time for Delivery Placement of any order with us shall be deemed unconditional acceptance of our Terms of Payment and Delivery by the party placing the order. Any terms of purchase proffered by a customer shall be valid only if expressly confirmed by us in writing. Amendments of terms, and any additional stipulations, shall be valid only if confirmed by us in writing. All contractual relations shall be governed by German law exclusively. Any time for delivery shall be carefully calculated, although we shall be under no obligation to exactly comply to such calculation. Time shall commence from the date of confirmation of order. In the case of force majeure we shall be entitled to rescind the contract in full or in part. Any further claims by the ordering party, including but not limited to, cancellation and compensation for any kind of damage, including damage to property other than the goods, shall be excluded. 2. Offers 8. Passing of the Risk All offers made shall be revocable as regards price, quantity, time for delivery, and ability to supply the goods. We reserve the right to modification of goods in terms of design or technology without prior notice, as long as this does not affect functionality of the goods. Shipments shall be effected on the ordering party‘s account and at the ordering party‘s risk. Upon the goods leaving our store, our obligation to deliver the goods shall be deemed discharged. If not otherwise agreed upon, shipment will be effected by a carrier of our choice. 3. Products 9. Acceptance and Performance All information on products given in our catalogue or in brochures reflect the current state of technology. Drawings, statements of dimension or weight shall be without obligation. Our products are subject to continuous further development. Information supplied on products shall be binding only if contained in our confirmation of order and made in writing. We shall be under no obligation to give notice of modifications made. We shall be entitled to effect part shipments without our having to bear any additional charges, regardless of their nature. After the expiry of one week from the date that goods have been announced ready for shipment, delivery shall be deemed performed. 4. Prices All prices quoted shall refer to the date of delivery. They refer to delivery ex works or ex representative’s premises, excluding freight, postage, packing, and insurance. We reserve the right to adjust prices and to effect delivery in part shipments. Products made to customer’s order shall be subject to an extra charge. Such charge shall be stated as an approximate price to be finally fixed by the supplier after the product has been manufactured. Where products shall be made to order or of non-standard design, any minimum order quanitities may be exceeded or reduced. Prices quoted are basic prices excluding turn-over tax (value added tax). 5. Payment Payment for delivered goods shall be effected within 30 days of the date of invoice at the latest. A two-per cent discount may be made if payment is effected within 10 days of the date of invoice. Any mistake of solvency of a party and any failure to observe the terms of payment as stated above or as may otherwise have been agreed upon in writing, shall entitle the supplier, at his option, to demand prepayment, to rescind the contract, and to claim damages for breach (non-performance). The supplier may exercise the above rights concurrently, and exercising one right shall not exclude the right to exercise any other such rights. The ordering party shall not be entitled to retain any due payments or to set off any claims. 6. Retention of Title We shall retain title to the goods in any condition until payment is made in full. The buyer shall not be entitled to use the goods to create a lien or other security. Where goods supplied shall be re-sold before full payment has been made, the claim for payment against the third party shall be substituted for the goods. 10 0 Refer to our General Terms of Payment and Delivery Where the ordering party shall be in default of acceptance or shall fail to observe his obligation to pay the purchase price, we shall grant an additional one week‘s indulgence, and thereafter be entitled to claim damages for breach (non-performance). For these purposes, liquidated damages shall be deemed agreed upon to amount to 20 per cent of the value of the goods delivered, deducting freight, packing and installation charges, without proof of actual damage and subject to higher damages to be claimed upon proof. 10. Liability for Defects Any remedies for defects to be exercised by the ordering party / the buyer shall be subject to his discharging his obligations to properly investigate the goods and to notify of defects, as stipulated in Sections 377, and 378 HGB (German Commercial Code). To the extent that BMI A. Keller GmbH shall be liable for a defect of the goods, we shall be entitled, at our option, to remedy the defect or to supply goods in replacement. Where a defect is to be remedied by us, we shall bear all necessary expenses, including transport, travelling, labour, and materials‘ costs, excluding, however, any increase in costs resulting from the goods being transferred to a location other than the place of performance. Where we shall not be prepared or shall not be in a position to remedy a defect or to supply goods in replacement, including failure to remedy or replace within a reasonable period of time for reasons that we shall be responsible for, or where an attempt at remedying or replacement shall fail, then and in that event the ordering party shall be entitled, at his option, to rescind the contract or claim a reduction of the purchase price. Subject to the provisions below, any further claim by the ordering party, based upon any grounds whatsoever, shall be excluded. Thus, we shall not be liable for damage to property other than the goods delivered. We shall not be liable to the ordering party for loss of profits or other financial loss. This exclusion of liability shall also extend to claims based in tort. The above disclaimer of liability shall not comprise damage caused intentionally or recklessly. Further, it shall not comprise damages claimed by the ordering
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