TOX product catalogue Page 16
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Terms and Conditions: Conditions of Sale Validity of the Conditions 1.1 1.2 1.3 Our supplies and services are provided exclusively on the basis of these terms and conditions of business. Deviating terms and conditions of business of the orderer which are not expressly recognised by us in writing shall not be valid. Our terms and conditions shall also apply if we carry out the supply without reservation in the knowledge that the orderer's terms and conditions are contrary to or deviate from our terms and conditions. Agreements or ancillary agreements deviating from these terms and conditions must be made in writing. Our terms and conditions of business do not apply to consumers. Subject to any subsequent amendments, they shall also apply to all future supplies. 4.6 4.7 4.8 Furthermore, we shall be liable in accordance with the statutory provisions if the delay in supply is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage. We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage. The enforcement of further damages caused by delay is excluded. Shipping and Transfer of Risk Offer and Conclusion of Contract 5.1 5.2 2.1 2.2 2.3 2.4 2.5 Purchase orders/lists only become binding with our written confirmation. The same applies to supplements, amendments and ancillary agreements. A contract of supply is concluded only with our written order confirmation, at the latest, however, with the dispatch of the goods. Transmission by remote data transmission shall be sufficient for that format. If we can prove by submitting a transmission report that we have sent a declaration by fax or other remote data transmission, it shall be assumed that the orderer has received the declaration. Orders transmitted electronically shall only be deemed to have been received when they are retrieved and opened by us. We reserve the right to delete unopened orders. The information, drawings, illustrations and performance descriptions contained in catalogues, price lists or the documents forming part of the offer are approximate values customary in the industry unless they are expressly designated as binding in the order confirmation. We expressly reserve the right to make technical alterations which, in our opinion, serve to improve our products. We reserve the property rights and copyright to drawings, illustrations, computations and other documents. This also applies to such written documents that are designated as “confidential”. The orderer requires our express written consent before passing them on to third parties. 5.3 5.4 5.5 Minimum Order Quantity / Tolerances 6.1 Pricing 3.1 3.2 3.3 3.4 Unless otherwise stated, we shall be bound by the prices contained in our offers for 30 days from the date of the offer. The prices stated in the order confirmation plus the respective statutory value added tax shall be decisive. Supplies and services in excess of this will be invoiced separately. Unless otherwise agreed, all our prices are ex works. Minimum Order Value: EUR 50 net value of goods. Orders from EUR 200 are delivered free of charge. For orders from EUR 100 to EUR 200 net value of goods, a flat rate of EUR 8.40 will be charged for delivery and packaging. For orders with a net value of less than EUR 100, delivery and packaging will be charged at a flat rate of EUR 8.40 and a surcharge of EUR 5 for low volume. We reserve the right to change our prices accordingly for contracts with an agreed delivery period of between two and four months if cost reductions or cost increases occur after conclusion of the contract, in particular due to wage increases or changes in material or energy prices. We reserve the right, in the case of contracts with an agreed delivery period of more than 4 months, to increase or reduce the prices in accordance with the changes in costs that have occurred, in particular due to wage increases or changes in the price of materials. We will notify the customer in writing of a corresponding change in price at least four weeks in advance. The customer shall then have the right to terminate or withdraw from the contract as of the date on which this price change takes effect. Delivery 4.1 4.2 4.3 4.4 4.5 16 The start of the delivery time stated by us presupposes the clarification of all technical questions. Compliance with our delivery obligation further presupposes the timely and proper fulfilment of the customer's obligation. We reserve the right to plead nonperformance of the contract. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims or rights remain reserved. If the conditions of 4.3 are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay. We shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a transaction for delivery by a fixed date within the meaning of Section 286 (2) No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). We shall also be liable in accordance with the statutory provisions if, as a consequence of a delay in supply for which we are responsible, the customer is entitled to claim that their interest in the further performance of the contract has ceased to exist. Shipment shall be ex works and (subject to any agreements to the contrary) without any obligation to choose the most favourable mode of shipment. Even in the case of carriage paid delivery, the risk shall pass to the orderer as soon as the goods have been handed over to the shipping agent or loaded onto their vehicle, but at the latest when they leave our works, even by our own means of transport. If the goods are ready for dispatch and if dispatch or delivery to a place or acceptance is delayed for reasons not attributable to the supplier, the risk shall pass to the orderer upon receipt by the orderer of the notification of readiness for dispatch. The supplier is entitled, but not obliged, to insure deliveries in the name of and for the account of the orderer In the event of damage in transit, the orderer shall immediately arrange for a statement of facts to be made with the competent authorities and notify the supplier. Transport packaging and all other packaging shall (subject to) any agreements to the contrary and the regulations on the avoidance and recycling of packaging waste (BGBL. I 1998, p. 2379) was not withdrawn. Unless otherwise agreed, supply shall be made in the packaging units shown in the price list. Retention of Title 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 We retain title to the supplied goods until all claims arising from the business relationship with the orderer have been settled. The orderer is entitled to sell the goods subject to retention of title in the ordinary course of business as long as they meet their obligations from the business relationship with us in due time. However, they may neither pledge the reserved goods nor assign them as security and are obliged to secure our rights in the event of a credited resale of the reserved goods. Enforcement of the reservation of title as well as the seizure of the reserved goods in the event of default in payment on the part of the orderer shall not be deemed to be a withdrawal from the contract unless the withdrawal is expressly declared by us in writing. All claims and rights arising from the sale of goods to which we are entitled to ownership rights are hereby assigned to us by the orderer as security to the amount of the purchase price agreed between us and the orderer (plus value added tax). We hereby accept the assignment. The processing or transformation of the goods by the orderer is always carried out on our behalf. If the reserved goods are processed with items not owned by us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other processed items at the time of processing. If the reserved goods are inseparably mixed with other items not owned by us, we shall acquire co-ownership of the new item or aggregate of items in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other mixed items. In this case, the orderer shall keep the co-ownership for us. The orderer must inform us immediately of any compulsory execution measures by third parties against the reserved goods, the claims assigned to us or other securities, handing over the documents necessary for an intervention. This also applies to impairments of any other kind. We undertake to release the securities to which we are entitled in accordance with the above provisions at the request of the orderer to the extent that the realisable value of the reserved goods exceeds the claims to be secured which have not yet been settled by more than 10%; the choice of the securities to be released is incumbent on us. Warranty 8.1 The customer's rights in respect of faults presuppose that the customer has duly fulfilled its obligations to inspect the goods and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
216 Pages | Valid until 12/2023 | Previous page | Next page
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