BEDRUNKA+HIRTH Main catalog industrial equipment Page 592
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Other Terms and Conditions GENERAL CONDITIONS OF PAYMENT AND DELIVERY OF BEDRUNKA & HIRTH GMBH BRÄUNLINGEN 1. Scope of validity¬ 1.1 The following terms and conditions are applicable to all our offers, sales, deliveries and services and shall form part of the contract unless a separate contractual agreement is concluded in writing. They shall not apply if our contract partner is a private individual and does not act in a professional or commercial capacity. They shall also apply to all future business relationships, even if they are not expressly agreed as being applicable to future orders. 1.2 We hereby expressly reject any and all deviating or supplemental General Terms and Conditions of the Buyer. These shall also not apply if the Buyer has based his order or other declaration upon them or has rejected the applicability of our General Terms and Conditions. 2. Offers and conclusion of contract 2.1 Our offers are non-binding and may therefore be revoked by us prior to delivery for acceptance by the customer and for 2 working days thereafter, unless they have been described as binding in writing. An effective contract therefore comes into existence only through our order confirmation or the despatch of the goods. 2.2 Dimensions, weights, illustrations, drawings and other documents belonging to our non-binding offers shall remain our property and are indicative only. They shall become a binding part of the contract only with our express written confirmation. 3. Doubtful creditworthiness 3.1 If, after concluding the contract, we become aware of circumstances that cause us to have doubts about the Buyer’s ability to pay, we may make further deliveries contingent upon the Buyer making advance payment for the goods. We can require the Buyer to make advance payment within an appropriate period and withdraw from the contract if the advance payment is not paid on time; the Buyer can furnish us with collateral in the form of a bank guarantee instead of the advance payment. If we have already delivered the goods, the purchase price shall immediately become due for payment in full, regardless of any agreed payment deadlines. 3.2 Reasons for doubting the Buyer’s ability to pay include the initiation of insolvency proceedings over the Buyer’s assets or the failure to make payments to us or third parties on time. 4. Prices 4.1 All prices are net, ex works, without packaging, unless agreed otherwise. The prices applicable on the day of delivery shall always apply. In the case of fixed-price arrangements, we are also entitled to bill proportionately for any increase in the price of materials, salary increases and the like. The prevailing rate of statutory VAT shall be added to all prices. 4.2 Unless agreed otherwise in the offer or order confirmation, packaging shall be charged for separately. 4.3 Shipping / transfer of risk All risks shall transfer to the Buyer upon handover to the haulier and not later than when the goods leave the factory or warehouse. We are at liberty to choose the shipping method. 4.4 Goods reported as available for despatch on the agreed date must be collected without delay, failing which, we are entitled to store the goods at our own discretion at the Buyer’s expense and risk and to charge for them as delivered ex works or ex warehouse. The same shall apply if shipping cannot take place due to traffic stoppages or other circumstances beyond our control. 4.5 Statutory value added tax is not included in our prices and the rate applicable on the billing date shall be indicated separately on the invoice. 4.6 If a delivery within the internal market of the EC was treated as tax-free within the scope of the intra-community supply of goods, even though the prerequisites for this were not met, the delivery shall nevertheless be deemed tax-free if the utilisation of the tax exemption is based on the incorrect information provided by the Buyer and we were unable to identify the incorrect nature of this information, even with the due care of a prudent merchant. In this case, the Buyer shall owe the unpaid tax. 592 4.7 If more than 4 months pass between the date on which the contract is concluded and the date of delivery, without this being due to a delay in delivery for which Bedrunka+Hirth is responsible, and if our applicable price list has changed during this time, we may demand the list price applicable on the date of delivery instead of the agreed purchase price. We will send the Buyer an appropriately amended order confirmation prior to delivery. In this case, the Buyer may withdraw from its order in respect of the goods for which the price has been increased. The Buyer must declare its intention to withdraw by not later than on the fifth day after receiving the amended order confirmation. This declaration may be sent by fax or email. 5. Delivery time 5.1 All indicated delivery dates are non-binding and are agreed as indicative only, unless we have expressly described them as binding. For non-binding delivery dates, a delivery within 14 days of the indicated delivery date shall in any event still be deemed to be a timely delivery. 5.2 If we are unable to adhere to an expressly agreed deadline or fall behind for other reasons for which we are responsible, the Buyer shall grant us an appropriate grace period. If this grace period expires without success, the Buyer shall be entitled to withdraw from the contract. 5.3 If performance becomes temporarily impossible or considerably more difficult for us, whether in full or in part, due to force majeure or for other extraordinary circumstances beyond our control, the agreed delivery time shall be extended by the duration of the obstacle to performance. The same applies to a deadline for the rendering of service set by the law or by the Buyer, in particular for grace periods set in the event of default. 5.4 Prior to the expiry of the delivery time or the performance deadline extended in accordance with para. 3, the Buyer shall not be entitled to withdraw nor to receive compensation. If the obstacle to performance lasts longer than 3 months, both the Buyer and we shall be entitled to withdraw from the contract if the contract has not yet been executed. If the Buyer is entitled to withdraw from the contract in accordance with the contract or the law (e.g. due to a lack of interest) without setting a grace period, this right shall remain unaffected. 5.5 In the event of a delay in delivery that is not based on intent or gross negligence, claims for compensation of all kinds shall be precluded. 6. Shipping and transport risk 6.1 Delivery shall be ex warehouse, which is also the place of performance for the delivery and any supplementary performance. Upon demand from the cus-tomer and at the customer‘s cost, the goods shall be sent to a different destination (sales shipment). Unless agreed otherwise, we reserve the right to determine the type of shipment (in particular the transport company, dispatch route, pack-aging). 6.2 The risk of accidental destruction and accidental deterioration of the goods shall transfer to the customer upon transfer of the goods at the latest. For mailorder purchases, however, risk of inadvertent destruction and inadvertent deterioration of the goods and the risk of delay shall transfer to the customer upon delivery of the goods to the haulier, freight carrier or other persons or organisations charged with transporting the goods. Insofar as acceptance is agreed, this shall be decisive for the transfer of risk. Moreover, the statutory provisions of the work and services contract law shall apply correspondingly to the agreed acceptance. Transfer or acceptance also applies if the customer is late accepting the goods. 6.3 If the customer is late accepting the goods, if they omit a duty of cooperation or if our delivery is delayed for other reasons attributable to the customer, we reserve the right to demand compensation for resulting damages, including additional costs (e.g. storage costs). 6.4 Unless otherwise expressly agreed in writing, we are authorised to make partial deliveries to a reasonable extent. 6.5 We will charge EUR 7.50 for each notification of delivery requested by the customer that is made by telephone, fax or email
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