PRESSOL Catalogue Garage Technology Pagina 244
Commercieel klantenaanbod**Beste verkopers van PRESSOL Schmiergeräte
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TERMS AND CONDITIONS 1. Scope of application 1. Our General Terms and Conditions apply for all current and future business relationships with our customers, in particular for our deliveries and services. Any additional, different or opposing terms and conditions of our customers, even if we have knowledge thereof, will not become part of the business relationship, unless we have expressly consented to their validity. 2. Customers as referred to in our General Terms and Conditions are exclusively entrepreneurs, i.e. natural or legal persons or judicable partnerships, who/which are acting within the scope of their commercial or freelance professional activity when establishing the business relationship. 2. Conclusion of a contract 1. Our offers are subject to change. We reserve the right to make technical modifications as well as changes to the shape, colour and/or weight within the scope of reasonableness. 2. With the placement of an order, the customer declares his binding intention to buy the goods. We are entitled to accept the offer contained in the order within 14 days after receipt by our company. The acceptance can either be declared in writing or by delivering the merchandises to the customer. 3. Delivery 1. We are entitled to make partial deliveries or to provide partial services at any time, unless the partial delivery or the partial service is of no interest for the customer. 2. Delivery terms are only binding insofar as we have explicitily agreed to them to be binding. The delivery deadline shall be deemed complied with when the goods have left our factory/warehouse within the period of delivery. If dispatch or collection is delayed for reasons for which we are not responsible, the delivery deadline shall be deemed to have been met when the purchaser has been notified to the readiness of dispatch within the period agreed upon. 3. In case of non-compliance with the delivery time due to strike or lockout – also at our suppliers – due to delays in delivery or untimely delivery by our suppliers or due to mobilization, war, riot or other unforeseen impediments which lie beyond our will, the period of delivery will be extended for the duration of the impediment. 4. Our duty to deliver shall be suspended as long as any due payment of the buyer is delayed. If the delivery of products is to be taken gradually over a certain period of time, the delivery shall be spread equally over the entire period of time. 4. Payment 1. The price lists and sheets of terms applicable at that time shall govern the terms of payment as well as the packaging and freight charges and are thus an integral part of these General Terms and Conditions. Unless otherwise agreed, the packaging and freight charges shall be born by the customer. 2. The sales tax valid at the date of delivery shall be added to the agreed price. 3. After receipt of the goods, the customer undertakes to pay the purchase price within 10 days. Upon expiry of that period of time, the customer will come into default of payment. During the period of payment delay, the customer is obliged to pay interest at 8 % above the base rate. We reserve the right to prove and to enforce higher 244 damages due to the arrears. 4. Payment terms shall be deemed met, if we have access to the amount payable within the specified period. Promises of discount depend on the payment of all due demands. Bills of exchanges are only accepted after agreement and on account of performance. All associated expenses shall be born by the customer. 5. The customer shall be only entitled to offset against our claims if his counterclaims are undisputed or have been established in law. Uncontested claims can only be deducted by means of a credit note issued to the customer. The customer’s right of retention shall only be applied when his counterclaim is based on the same contractual relationship. 6. If the customer stops making payments, if there is a debt overload, if insolvency proceedings have been opened against his assets, or if the customer comes into arrears with the cashing of due bills of exchange or cheques, then all claims we have against the customer shall become due for payment immediately. The same applies for a considerable deterioration of the customer’s economic situation. In such cases we are entitled to demand adequate security or to rescind from the contract. 7. TURNOVER: The calculation of the turnover includes: net turnover (without VAT), less potential discounts, del credere commissions and costs for freight, packaging and insurances. 8. BONUSES: the calculation of the bonuses include: net turnover (without VAT) of the paid invoices, less potential discounts, del credere commissions and costs for freight, packaging and insurances. 5. Transfer of risk 1. The risk (transportation and payment risk) shall pass to the customer at the latest when the goods have been given to the forwarding agent or have left our plant/warehouse for dispatch purposes. If dispatch is delayed at the customer’s request or due to circumstances for which the customer is responsible, the risk passes to the customer with our notifiction of the readiness for shipment. 2. The choice of the shipping route and method of transportation is subject to our discretion, without guarantee for the cheapest means of transportation. 3. At the request of the customer, the desired insurance is concluded at his expenses. 6. Reservation of title 1. The goods supplied remain our property until satisfaction of all claims against the customer to which we are entitled from the business relationship. 2. The customer shall be obliged to treat the goods delivered with care and in accordance with their intended conditions of use. When maintenance and inspection work is required, the customer shall perform it on a regular basis at his own expense. 3. The customer shall be obliged to inform us immediately if a third party has access to the goods, or if the goods are damaged or destroyed. Furthermore, the customer undertakes to report to us without delay any change in ownership as well as changes to his personal domicile. 4. If the customer acts in a way contrary to the contractual obligations, in particular in the event of a default in payment or in case of breach of a duty according to paragraph 2 and/or 3 of these provisions, we shall be entitled to cancel the contract and to demand the return of the goods. 5. Any processing and modification of the goods by the customer occurs
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