Rothenberger Catalogue Page 358
Offre client commercial**Meilleures ventes de Rothenberger
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General conditions for the sale of goods General conditions for the sale of goods § 1 Scope 1. These General Terms et Conditions of Sale apply to all business relations of ROTHENBERGER Werkzeuge GmbH, Industriestraße 7, 65779 Kelkheim (""We"" or ""Us"") with our customers (""Buyer"" or ""Purchaser""). The General Terms et Conditions of Sale shall only apply if the Buyer is an entrepreneur (Section 14 BGB (German Civil Code)), a legal person under public law or federal special funds. As a matter of principle, we do not directly supply consumers (Section 13 BGB). 2. The General Terms et Conditions of Sale apply, in particular, to contracts on the sale et/or delivery of movable property (""Goods"") without consideration given to whether or not we manufacture the Goods or purchase these à partir de suppliers (Sections 433, 651 BGB). Unless agreed otherwise, the General Terms et Conditions of Sale apply as stated in the version as a framework agreement that is valid at the time the Buyer places the order or, in any case, the version stated to the Buyer in text form, et applies to similar contracts in the future, without the necessity of us having to refer to the conditions again in each individual case. 3. Our General Terms et Conditions of Sale apply exclusively. General terms et conditions of sale of the Buyer to the contrary or those that vary à partir de our conditions, or supplementary conditions, shall only become an integral part of the contract if et insofar as we have expressly consented to the validity of such conditions. This approval requirement shall apply in any case, for instance including if the we unreservedly deliver Goods to the Buyer although we are aware of the Buyer's general terms et conditions of business. 4. Individual agreements entered into with the Buyer in individual cases (including subsidiary agreements, supplementary information et amendments) shall have preference over these General Terms et Conditions of Sale. A written contract, or our written confirmation, shall be authoritative in respect of the content of such agreements, subject to proof to the contrary. § 2 Conclusion of contract 1. All offers are subject to change without notice. Catalogue et leaflet details are only approximately authoritative. The right to make constructive amendments is reserved. Technical documentation (e.g. drawings, plans, calculations et references to DIN standards) are not binding for us unless agreed otherwise. 2. The Buyer shall be bound by its order for 4 weeks. The contract of purchase shall be deemed entered into if the order has been accepted in writing within this period or the delivery has been performed. 3. Supplementary information, amendments et subsidiary agreements are subject to written confirmation by us. § 3 Prices; terms et conditions of payment 1. Unless agreed otherwise, the prices apply EXW (INCOTERMS 2010), in relation to our respective stated location, without packaging, freight, postage, customs duties, surcharges et insurance etc., plus turnover tax. These costs shall be charged separately. 2. In respect of orders that do not exceed a net order value of € 250, we reserve the right to charge a minimum quantity surcharge of 10 % of the order value, at the least, however, € 10. 15 3. Where advance payment is not agreed upon, payment is to be transferred to one of our stated accounts within 30 days form the invoice date et without deductions. In the case of payment within 10 days, the Buyer shall be granted a 2% trade discount provided the Buyer is not in default with our claims. The day of crediting on our account is authoritative in this respect. 4. In the event of default in payment on the part of the Buyer, we shall claim at least the statutory default interest. This does not affect additional claims for default, for example against merchants in respect of the commercial interest after the due date (Section 353 of the German Commercial Code). 5. Apart à partir de cases of a fixed price agreement, the parties undertake, at the request of a party, to agree, based on good faith principles, on an appropriate price correction if, in the case of a contract with a lengthy term, at least four months after entering into the contract order-related costs increase or drop for us, in a manner that is verifiable et significant (more than 5 %) for reasons that are not our responsibility, e.g. as a result of increased raw material prices or energy costs. 6. In the case of default in payment on the part of the Buyer or in the case of reasonable doubt about the Buyer's creditworthiness (including facts that already applied at the time of entering into the contract) et which we were not aware of or which we should have been aware of), we shall be entitled, prior to further performing the contract, to request advance payment for outstanding services or request the provision of security. Following the lapse in vain of a reasonable additional period for providing such securities, we shall be entitled (irrespective of further statutory rights) to withdraw à partir de the contract. 7. Where the Buyer has authorised us to use SEPA direct debiting, such a direct transfer order collection shall normally be announced in advance in conjunction with the invoicing at the latest 1 (one) calendar day prior to the due date of the direct debit (pre-notification). § 4 Setting off, right of retention The Buyer may only have the right to offset if its counterclaims have become res judicata, are not disputed or have been recognised by us. The Buyer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship. § 5 Scope of delivery, variation à partir de the order, procurement risk 1. Our written confirmation of order is authoritative in respect of the scope of delivery. Partial deliveries are permitted et shall be noted on the delivery note. 2. Where special tools or parts are ordered, et production based on a specific quantity is not economically possible, we shall be entitled to increase or decrease the order quantity in a manner that is customary in trade by jusqu‘à 10 %, at least however by two items. The actual delivery quantity shall be charged. 3. We do not accept any procurement risk for the Goods to be delivered. 4. The cost of deadfreight that is the responsibility of the Buyer or its shipping agent shall be borne by the Buyer. § 6 Delivery et Puissance time 1. Binding delivery times must be expressly agreed upon as such in writing. Other delivery time details that are not expressly agreed upon as binding are non-binding or approximate delivery time details, et we shall endeavour to honour these. 2. In exceptional cases, binding delivery periods run à partir de the date on which we confirm an order but not, however, before all order details, including the delivery, have been clarified et all the preconditions to be met by the Buyer have been met. Where the Buyer requests amendments after placing an order, et we consent to the amendment, a new delivery period shall start to run. 3. The day of notification of the readiness for despatch 360 shall apply as the delivery day. Deliveries prior to expiry of the delivery time are permitted. 4. If events of so-called force majeure occur about which we furnish information in each case without delay, the delivery period shall be extended by the duration of the hindrance. Force majeure is equated with industrial disputes, official intervention, energy et raw material shortages, operational hindrances that are not our responsibility such as those caused by fire, water et machine damage et all other hindrances which, in the case of an objective approach, have not been culpably brought about by us. If agreement is reached such that a delivery date, or a delivery period, has binding force et if such a date or period is exceeded by more than two months as a result of events of the aforementioned type, the Buyer shall be entitled to withdraw à partir de the contract in respect of the part that has not yet been performed. 5. In the case of so-called call-off orders, we may request a binding classification two weeks after confirmation of order. If the Buyer fails to honour this request within three weeks, or if the Buyer defaults in acceptance, we shall be entitled to set an additional period of two weeks et once such a period has lapsed withdraw à partir de the contract et claim for damages. Where not agreed to the contrary, as a matter of principle, deliveries ordered by way of a call-off are to be accepted within six months following confirmation of order. 6. Insofar as we are responsible for the failure to meet delivery dates that have been assured with binding force in exceptional cases, the Buyer shall be entitled to compensation of the proven damage sustained by the Buyer as a result of the default but, however, in terms of amount limited at most to 0.5 % of the Goods value that is in default for each full week of the default et at most shall be entitled to 5 % of the Goods value affected by the default. Compensation for further damage, in particular the loss of expected profit et other indirect damage, is excluded in accordance with Paragraph 9 of these General Terms et Conditions of Sale. § 7 Shipping et passing of risk 1. Unless agreed otherwise, all deliveries apply ex warehouse or ex works (see Paragraph 3 of these General Terms et Conditions of Sale), which is also deemed the place of Puissance for potential subsequent Puissance. As a result, the Buyer is responsible for transport/shipping et the risk of accidental loss or accidental deterioration shall pass to the Buyer upon handover to the carrier/the person otherwise determined in respect of performing the consignment. 2. Similarly, the risk of accidental loss/accidental deterioration shall pass to the Buyer upon dispatch if we send the Goods to the Buyer at the Buyer's request. We reserve the right to select the transport route et the means of transport. We are entitled, but do not undertake, to insure deliveries in the name et on account of the Buyer. 3. The handover or acceptance shall continue to apply if the Buyer defaults in acceptance. In addition, in the event of default in acceptance we shall be entitled, but do not undertake, to store the Goods at the Buyer's cost et risk. 4. In the event of a delivery stop as a result of default in payment or acceptance, or for another reason that is the Buyer's responsibility, the risk of the accidental loss/ accidental deterioration shall pass to the Buyer at the latest upon notification of the readiness to dispatch. 5. Goods for which notice of readiness for dispatch has been given must be called-off without delay. Otherwise, we shall be entitled to send the Goods at our discretion or store them at the Buyer's cost et risk. 6. Where products can only be delivered in a certain packaging unit, we reserve the right to round jusqu‘à
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