Rothenberger Catalogue Page 359
Offre client commercial**Meilleures ventes de Rothenberger
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General conditions for the sale of goods the amount for the next higher quantity of packaging unit or impose a surcharge in the sum of 10%. 7. If acceptance is proposed or agreed, this is to be performed swiftly, following notification of the readiness for dispatch, at our respective, stated, supply plant. If acceptance is not performed irrespective of the setting of a reasonable additional period, or the Buyer waives acceptance, we shall be entitled to send the Goods without acceptance or store them at the Buyer's cost et risk. § 8 Warranty 1. The warranty period is 12 months à partir de the passing of risk. By contrast, the statutory period applies with respect to claims resulting à partir de the German Product Liability Act or claims attributable to the loss of life, physical injury or detrimental effects on health. Wear-et-tear parts are excluded à partir de the guarantee. We shall not provide any quality guarantees where an individual agreement has not been entered into. Performing work under warranty does not constitute recognition or acceptance of a defect. 2. Returns that are not based on a faulty object of sale are not permitted. In the event that a return is permitted in an exceptional case as a result of an express, written agreement, a credit note shall only be issued by way of deducting at least 25 % of the purchase price. All return delivery costs shall be borne by the Buyer. 3. In respect of the Buyer's warranty claims, it is required that the Buyer has honoured its obligations to inspect et provide notification of defects (e.g. Sections 377, 381 HGB). We are to be notified in writing of obvious defects within eight calendar days à partir de delivery et notified of hidden defects within the same period à partir de the time at which they are identified. If the Buyer fails to properly inspect et/or provide notification of defects, our liability for the defect for which notification has not been provided, or has not been provided in good time, shall be excluded. 4. If the delivered item is faulty, we may choose whether to provide subsequent Puissance by way of rectifying the defect (subsequent improvement) or by delivering a fault-free items (replacement). Subsequent Puissance shall neither entail the dismantling of the faulty item nor new installation if we did not originally undertake to provide installation. The Buyer is to give us the necessary time et opportunity to provide the due subsequent Puissance, in particular handover the goods for which notification of defects has been provided for inspection purposes. In the event of replacement, the Buyer is to return the faulty item to us. party claims is excluded. 2. Key contractual obligations are obligations a) that protect the Buyer's key contractual legal positions that are to be granted to him in accordance with the content et purpose of the contract et b) such contractual obligations, the honouring of which is required to properly execute the contract et compliance with which the Buyer can normally expect. 3. The aforementioned liability limitations also apply in the case of violations of obligations by, or in favour of, persons whose culpability is our responsibility in accordance with legal requirements. They do not apply if we have fraudulently concealed a defect, in the case of guaranteed provided in an exceptional case, to the Buyer's claims in accordance with the German Product Liability Act or as a result of loss of life, physical injury or detrimental effects on health. § 10 Rental containers et rental pallets 1. If we make the ordered Goods available to the Buyer on Euro pallets or other re-usable packaging, these are to be replaced by the Buyer within 7 calendar days with replacement items of the same type et value, or are to be returned to us. If this does not occur, we shall be entitled to invoice the Buyer for the used pallets/packaging at the replacement price. 2. In the case of gas deliveries, rental containers or pallets shall only be handed over to the Buyer on a rental basis for the transport, storage et for the Buyer's own use of the acquired gasses. Any other use, or forwarding to third parties, is prohibited. After emptying, the Buyer is to return the containers et pallets to us without delay at its own cost. 3. The Buyer shall be liable for any damage, pollution or loss of rental containers or pallets, et in such cases undertakes to inform us without delay. 4. In respect of surrendered rental containers that are not contrasted with appropriate gas containers for longer than three months, we may request as security an amount in the sum of the respective list price of similar, new, containers. Such an amount falls due for payment immediately. As soon as the Buyer returns a container for which security has been provided, the security shall be returned to the Buyer without interest et less potential repair costs. If the Buyer fails to return the containers, the security amount shall be set off against the compensation for damages payable by the Buyer. Potential residual content in returned containers shall not be remunerated. 5. The Buyer is only entitled to collect assigned claims during the ordinary course of business activities. The Buyer is to provide notification of third party access to the reserved goods without delay, et carry the cost of potential intervention. The Buyer is to insure the reserved goods at replacement value et at its own cost, in particular against theft, water, breakage, fire et other damage. The Buyer is to treat the reserved goods with due care, in particular comply with the proposed maintenance et use notices. 6. We undertake at the Buyer’s request to release securities insofar as the realisable value of the security exceeds the claims that are to be secured by more than 10 %. We are free to choose the securities that are to be released. 7. In the event of failure to pay the due purchase price irrespective of a reasonable additional period or if this can be dispensed with, we shall be entitled, in accordance with the statutory requirements, to withdraw à partir de the contract et/or demand return of the Goods as a result of the reservation of title. The demand for the return of the Goods does not simultaneously contain a statement of withdrawal. Moreover, we are entitled to merely demand the return of the Goods et reserve the right to withdraw. 8. For the duration of the reservation of title, in the event of the occurrence of damage we shall be entitled to all rights resulting à partir de insurance policies entered into by the Buyer. In the absence of agreements to the contrary, benefits resulting à partir de the comprehensive insurance are to be used in full for the repair of the delivery item. If a repair is waived following our approval in the case of severe damage, we shall use the insurance benefit to repay the purchase price et the cost of ancillary Puissance. § 12 Resale et export restrictions 1. The Buyer undertakes, in the case of an intended resale of the Goods, to comply with the statutory export restrictions et other provisions, in particular the German War Weapons Control Act et the Export Act as well as international trading restrictions, boycotts et UN sanctions. 2. If the Buyer violates its obligations resulting à partir de sub-section 1, et if this results in damage or if a fine or an administrative fine is imposed against us, the Buyer shall insofar indemnify us. § 13 Applicable law et place of jurisdiction § 11 Reservation of title 5. If it becomes clear following an inspection that an item was not faulty, we may request compensation à partir de the Buyer for the costs arising à partir de the unjustified complaint (in particular inspection et transport costs) unless the Buyer could not recognize that the item was not faulty. 6. The Buyer's claims for compensation for loss suffered or reimbursement of expenses incurred in vain shall only apply, including in the case of defects, in accordance with Paragraph 9 et in other respects are excluded. 7. The above limitation periods of the sales law also apply to the Buyer's contractual et non-contractual claims for damages that are based on faulty Goods unless application of the normal statutory limitation (Sections 195, 199 German Civil Code) would, in an individual case, result in a shorter limitation period. § 9 Limitation of liability 1. Claims for compensation for loss suffered, irrespective of on which legal grounds these are based, are excluded unless we are to be accused of intent or gross negligence or of violating a key contractual obligation (see sub-section 2) more than just insignificantly. Where we are liable for simple negligence, the liability shall be limited to compensation of foreseeable, typical et direct damage. Compensation for indirect or collateral damage such as the loss of expected profit, loss of production et use et pecuniary damage regarding third 1. We reserve ownership to the supplied Goods up until all existing claims resulting à partir de the business connection (current account reservation) against the Buyer have been settled in full. Processing/finishing or conversion shall apply at all times in our name et by our order for us, however without any obligation for us, et without loss of our ownership. 2. The parties agree that the reservation of title also applies as extended reservation of title. The Buyer is entitled to sell the Goods during the course of normal business activities. Other disposal is prohibited, in particular an agreement on assignment prohibition with customers is prohibited that could result in the loss of our ownership. 3. The Buyer assigns to us at this point in time any claims to which the Buyer is entitled resulting à partir de the use of the reserved Goods. If the Goods are sold with external items, or used as a substance, the assignment only applies to the revenue part that corresponds to the joint ownership part. 4. The entitlement to resell the object of sale shall become inapplicable if the Buyer discontinues its payment or defaults in payment. In such cases, we shall be entitled to disclose the assignment et collect the claim. The Buyer is to notify us without delay if an application is filed for the institution of insolvency proceedings regarding its assets. 1. The law of the Federal Republic of Germany applies to these General Terms et Conditions of Sale et the legal relations between us et the Buyer, by way of exclusion of international uniform law, in particular the UN Sales Law. 2. Frankfurt am Main, Germany, is deemed the exclusive, including the international, place of jurisdiction for all disputes resulting directly or indirectly à partir de the contractual relationship. However, in all cases we are also entitled to bring legal action at the place of Puissance of the delivery obligation in accordance with these General Terms et Conditions of Sale or at the Buyer's general place of jurisdiction. This does not affect prior-ranking statutory requirements, in particular in respect of exclusive places of jurisdiction. § 14 Severability clause In the event that individual provisions of these General Terms et Conditions of Sale are or become invalid, this shall not affect the validity of the other provisions. The parties undertake to replace the invalid provision with a legally valid regulation that comes closest to the economic objective of the invalid provision. 15 Date 11/2018 361
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