Catalogue raccords de klaxon TECALEMIT Page 138
Offre client commercial**Meilleures ventes de Tecalemit
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Terms of Delivery, Payment and Warranty I. Scope 1. Our conditions of sale shall have exclusive validity. Conditions of the Buyer deviating from our conditions of sale shall have no validity. 2. These Terms of Delivery, Payment and Warranty shall apply to all transactions concluded with companies, public law entities or public separate estates. Furthermore, the processing or reforming shall be performed for us; our property shall be taken into storage for us. In the event of processing or reforming with other goods not owned by the Buyer, we shall gain joint ownership of the new goods resulting from the processing or reforming in the ratio of the value of our goods supplied under retention of title to the value of the other goods processed. 2. If the Buyer sells the goods supplied under retention of title before payment of the purchase price to us, irrespective of whether the goods supplied under retention of title have been processed, reformed or combined with or linked to other objects or to real estate or ships, then the Buyer assigns already now his claims from the further sale to us with all ancillary rights to the amount of the value of the respective goods supplied under retention of title sold. The assigned claim serves to cover the amount of the goodssupplied under retention of title sold as long as a claim exists under the delivery contract. As soon as our claims have been settled, we undertake to reassign this claim. The Buyer has the right to call the claim as far as he meets his payment obligations to us. We shall be obliged – at the request of the Buyer – to release securities at our discretion if the net initial value of the secured goods exceeds 120% of our net invoice value. 3. The Buyer shall not use the delivery item nor assign it by way of collateral nor assign claims by way of factoring without our approval. 4. In the event of default of payment, we shall be entitled to withdraw from the contract without the requirement to set further grace periods. After withdrawal from the contract, we shall be entitled to demand the surrender of the delivery item. This provision shall not prejudice further rights. II. Quotation 1. Our quotations are always without obligation. We reserve our ownership rights and copyrights to cost estimates, drawings and other documents; they shall not be made accessible to third parties. 2. Construction, foundation and layout drawings contain only dimensions. They contain no information on strength, static calculations or constructional expediency. 3. Contracts shall only be deemed to have been concluded on receipt of our written order confirmation. III. Scope of supply 1. Deviations from the scope of supply as per our order confirmation must be confirmed by us in writing. 2. Partial deliveries shall be permitted. IV. Prices and Payment 1. Our prices shall be valid ex works, including loading, but excluding packaging, exclusive of value-added tax. 2. Invoices shall be payable within 30 days net cash or within 8 days with 2% discount, in each case from the invoice date. The discount may only be deducted from the pure goods value plus value-added tax. A discount shall only be granted when all due payments from earlier deliveries have been effected. The binding date shall be the date of the effective crediting of the payment to our account. We reserve the right not to accept bills of exchange. It does not entitle the Buyer to deduct discount. Repair and spare parts deliveries shall be payable net cash without discount immediately on receipt of the invoice. VIII. Notice of defects We shall be notified in writing of obvious faults within a time limit of two (2) weeks after receipt of the goods. At the request of the Seller, the Buyer shall return the rejected goods in suitable packaging without delay. IX. Liability for Faults and Delivery 1. Information on the condition of the delivery item contained in documents such as illustrations as well as performance, weight and dimension information shall only be regarded as agreed condition information in the sense of § 434 (1) clause 1 or the German Civil Code (BGB) if this is expressly agreed. If no such agreement is made, a defect as to quality shall be provided in accordance with § 434 (1) clause 2 ff. BGB. 2. Our liability for supplementary performance shall be governed by the statutory provisions. 3. No warranty shall be assumed for damage occurring for the following reasons: Failure to observe the operating instructions, unsuitable or incorrect use or storage, faulty installation or commissioning by the Buyer or third parties, natural wear, faulty or negligenthandling – in particular overloading – unsuitable operating media, alternative materials, chemical, electrochemical or electrical influences, unfounded faults, incorrect or inadequate information on the intended operating conditions such as medium, contaminationof the medium, temperature, pressure, etc. (insofar as this is not attributable to us), poor construction work, unsuitable subsoil. No warranty shall be accepted if the damage is caused by the interaction with unsuitable products provided by the Buyer. 4. The Buyer shall set us a reasonable period to carry out the supplementary performance. The Buyer shall have the right to remedy the fault himself or to have it remedied by third parties and to demand the refund of the costs incurred from us only in cases where operational safety is threatened or to avoid disproportionately great damage – in such cases we shall be notified – or if we are in default with the remedying of the fault. 5. The costs incurred shall only be borne by us if the complaint proves to be justified. 6. The warranty period for the replacement part and the remedy shall be (3) three months, but at least until the expiry of the original warranty period from the subject of delivery. 7. Modifications or repair work carried out by the Buyer or third parties without our prior approval and damaging seals shall void our liability for the resulting consequences and the warranty unless the Buyer can prove to us that the damage was not due to his intervention. 8. Tools for production of the subject of delivery manufactured by us shall remain our property even if the Buyer has been invoiced for part of the costs. We have no obligation to store such tools. 9. The Buyer shall be entitled to reduce the purchase price or to withdraw from the contract only if the remedy is not successful. 10. We shall only be liable for compensation if the damage is the result or a grossly negligentor deliberate infringement of an obligation by us or one of our legal representatives or persons employed. This shall not apply to the liability for death, injury to body or health. V. Delivery Time 1. If a delivery time is agreed, it shall begin with the dispatch of the order confirmation, but not before the documents, permits and approvals to be obtained by the Buyer have been provided or before receipt of an agreed down-payment. 2. The delivery time shall be deemed to have been kept if the subject for delivery has left the works or the Buyer has been notified of the readiness for shipment before expiry of this time. 3. The delivery time shall be extended reasonably in the event of measures within the framework of labour disputes, in particular strike and lock-out, and in the event of unforeseen hindrances beyond the control of the Seller, insofar as such hindrances are demonstrably of significant influence on the production and/or ex works delivery of the delivery item. This shall apply also if these circumstances occur in the works of sub-suppliers. The above-mentioned circumstances shall not be attributable to the Seller even if they occur during an already existing delay. In important cases, the Seller shall notify the Buyer of the beginning and end of such hindrances as quickly as possible. 4. If the Buyer suffers damages due to a delay attributable to the Seller, then to the exclusion of any other claims, he shall be entitled to claim compensation for the delay. This compensation shall amount to 1/2% of the value of the complete supply for each full week of delay, but not more than 5% in total. 5. If shipment is delayed at the request of the Buyer, then starting one month after the notification of readiness for shipment the Seller shall invoice him for the storage costsincurred, in the event of storage in the Seller’s works not less than 0.5% of the invoice amount for each month of storage. The Seller shall be entitled, however, after setting and the expiry of a reasonable grace period, to dispose of the delivery item in some other way and to deliver the delivery item to the Buyer with a correspondingly prolonged delivery time. VI. Transfer of Risk and Acceptance 1. The risk shall pass to the Buyer not later than with the shipment of the parts for delivery, even if partial shipments are made or the Seller has also assumed further services, e.g. the shipment costs or delivery and erection. At the request of the Buyer, the shipment can be insured by the Seller at the Buyer’s expense against theft, breakage, transport, fire and water damage and other insurable risks. 2. If shipment is delayed for reasons attributable to the Buyer, the risk shall pass to the Buyer on the date of the notification of readiness for shipment; the Seller shall be obliged, however, at the request and expense of the Buyer to conclude the insurancesdemanded by the Buyer. 3. Notwithstanding the rights granted under Section VII., delivered goods shall be accepted by the Buyer even if they exhibit minor faults or damage. X. Termination In all other points, the statutory provisions shall apply to reductions in purchase prices or termination of the contract. Xl. Legal venue and Place of Fulfilment Place of fulfilment for both parties shall be Flensburg. Venue for all disputes with registered traders shall be Flensburg. We shall also be entitled to take legal action before the court of jurisdiction at the Buyer’s head office. VII. Retention of title 1. We retain title of the delivery item until all payments have been received on our account, in the event of payment by cheque or bill of exchange until the last security has been cashed. Our title shall not expire by processing or reforming of the goods supplied by us. Acquisition of ownership by the Buyer shall be precluded until payment has been received. Stand 09.2013 www.tecalemit.de | [email protected] 138 Tel: +49 (0) 461 869 60 | Fax: +49 (0) 461 869 666
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