HAZET Main Catalog Pagina 521
Commercieel klantenaanbod**Beste verkopers van HAZET
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Information General terms and conditions of sale, delivery and payment II. Special Conditions for Goods on Recall 1. For business with continuous deliveries HAZET must receive release orders and type categories for roughly the same amount per month. If the release orders or type categories are not given on time, HAZET is entitled, after the deadline has expired without any result, to categorise and deliver the goods itself, or to rescind from the outstanding part of the transaction and demand compensation instead of payment. III. Force Majeure and Other Delivery Conditions 1. Force majeure events, such as strike, lockout, mobilization, war, blockade, pandemic or epidemic, export and import bans, raw material and fuel shortages, fire and other circumstances which are not the fault of HAZET and which significantly impede the delivery or performance by HAZET, shall entitle HAZET to postpone the delivery for the duration of the obstacle and an appropriate start-up time. This applies irrespective of whether the above-mentioned circumstances occur at HAZET, the preliminary supplier or one of the subcontractors. 2. The Purchaser can demand an explanation from HAZET as to whether delivery will take place within an appropriate period or whether a rescission from the contract should be considered. If HAZET does not make a declaration within an appropriate deadline, the Purchaser can itself rescind from the as yet unfulfilled part of the delivery. 3. The declaration made by the preliminary supplier or the sub-contractor to HAZET regarding circumstances which have occurred at their premises pursuant to B.III. 1. are deemed as sufficient proof that HAZET is not responsible for the hindrance of the delivery. IV. Dispatch and Passing of Risk 1. The forwarding agent or freight carrier shall be determined by HAZET. In the absence of any special agreement, the choice of route and means of transport is entrusted to HAZET, excluding any liability. 2. Release orders must be given without undue delay for goods which have been notified as ready for dispatch on the agreed date. HAZET is otherwise entitled to store them as it sees fit at the Purchaser’s expense and risk, and invoice them as delivered ex works or warehouse. The means of transport must be unloaded immediately if the delivery is made with carriage paid. The costs for any periods of delay shall always be borne by the Purchaser. 3. Unless otherwise agreed, the delivery shall be made „ex works“. The risk shall in any case – including a confiscation – pass to the Purchaser when the goods are handed over to the forwarding agent or freight carrier or at the latest when the goods leave the plant or warehouse – e.g. even if the delivery is made with carriage paid. 4. Premature deliveries which the Purchaser can be reasonably expected to accept and excess or short deliveries which are customary in the trade are permitted. 5. The requested amount does not have to be reached or may be exceeded by up to 10% for custom-made products. Also considered as custom-made products are mass-produced articles which the Purchaser explicitly wishes to have a special designation. The Purchaser is not entitled to a right of withdrawal. The goods cannot be returned to HAZET. V. Defects and Warranty 1. If the delivered goods exhibit a material defect, HAZET is first entitled to reworking or replacement delivery with a reasonable period as chosen by HAZET. 2. The buyer shall examine the received goods immediately after delivery. Claims for defects only arise if defects are complained about immediately, but no later than in 7 days in text form; concealed defects must be notified in text form immediately after their discovery. Furthermore, the Purchaser shall immediately notify the responsible shipping agent, transport/freight company or post office, as well as HAZET, of any transport damage and obvious defects. 3. If an acceptance of the goods or an initial sample inspection has been agreed, the buyer is obliged to immediate acceptance or initial sample inspection. An initial sample inspection does not exonerate the buyer from an incoming goods inspection of the series parts. Complaint about defects, which the Purchaser could have discerned upon immediate initial sample inspection, is excluded from the delivery of series parts. 4. HAZET shall be given the opportunity to determine the defects receiving complaint. Goods that have received complaint shall be sent back to HAZET immediately on demand; HAZET shall assume the transport costs if the defect complaint is justified. If the Purchaser does not fulfil these obligations or makes changes to goods that have already received complaint without the consent of HAZET, he shall lose any material defect claims. 5. HAZET has equally little responsibility for defects, which arise due to unsuitable or improper use, defective assembly or commissioning by the Purchaser or third parties, normal wear, erroneous or negligent handling, as for the consequences of improper changes or repair work performed by the Purchaser or third parties without HAZET‘s consent. 6. Statutory recourse claims by the Purchaser against HAZET only exist as far as the Purchaser has not come to any understanding with its customer which exceeds the statutory claims due to liability for defects. 7. The reimbursement pursuant to B.V.6. above is limited to the cost price (e.g. transport and material costs) incurred by the Purchaser but not its profit margin towards the customer. 8. Further claims by the Purchaser due to material defects, which are asserted against HAZET and its vicarious agents, are excluded subject to the regulation in B.VI. of these Terms and Conditions. 9. HAZET vouches that the goods supplied by HAZET are free of commercial property rights and/or copyrights of third parties. HAZET is obliged to exonerate the Purchaser from claims within the framework of the statutory regulations, which third parties assert on account of the violation of commercial property rights and/or copyrights to which they are entitled in the Federal Republic of Germany. A precondition for the exoneration is that the claims of third parties have either been recognised by HAZET or determined judicially with legal effect. 10. The Purchaser shall enable HAZET to participate at its own expense in the legal defence against such claims of third parties, in particular by what is referred to as a third-party intervention in the sense of civil procedure. The Purchaser shall support HAZET in the preparation and execution of the legal defence or settlement negotiation to a reasonable extent. HAZET shall reimburse the Purchaser all necessary expenses in conjunction with the legal defence against this utilisation, whereby legal fees are reimbursed on the basis of the Law on the Remuneration of Lawyers („RVG“). 11. A precondition for the above claims of the Purchaser against HAZET is that a) the Purchaser shall inform HAZET immediately in writing if claims are asserted against the Purchaser in relation to the supplied goods on account of the violation of property rights of third parties, b) the Purchaser grants HAZET control of the legal defence and acts in the context of the legal defence and/or in settlement negotiations only and always in agreement with HAZET and c) the alleged infringement is exclusively attributable to the goods supplied by HAZET without connection or use with other products. VI. Guarantee 1. Irrespective of the material defect claims to which the Purchaser might be entitled according to B. V., HAZET grants a full guarantee on all tools in case of material and production faults. All adapters are excluded from the full guarantee. The full guarantee on sockets for impact operation is limited to material defects and/or faulty workmanship. The guarantee does not cover the tools or consumables for normal wear and/or tear damage. The full guarantee will not be valid for tools which cannot be used any more due to their old age or due to abuse or improper use. The relevant operating instructions and safety instructions for the HAZET tools shall be considered in this context. The general safety instructions as well as the data in the HAZET tool catalogue shall also be considered. An improper use of tools occurs especially in case: • an exceeding of the normal or specified loading capacity of the tool (for instance when using a diagonal cutter on a wire that is too hard or in case of chisels, centre punches or drift punches that are used on steel that is too hard or for work that is too heavy). • the further use of a tool that already shows damage or defects. • the operation of screws and nuts with a wrong-sized socket. • tools that have been modified. • the use of sockets designated for manual operation on impact wrenches. • the improper use of tools (e.g. use of screwdrivers as chisels or pry bars etc.). 2. In order to make use of the guarantee right, the Purchaser shall send the tool carriage free domicile via specialist trade to HAZET in the event of a material or manufacturing defect. HAZET shall check the tool. If a material or manufacturing defect is present, HAZET shall replace the goods or repair the goods free of charge. VII. Liability 1. On account of violation of contractual and non-contractual obligations, in particular on account of impossibility, delay, fault upon contract initiation and unauthorised handling, HAZET shall only be liable on cases of wilful intent and gross negligence. In case of gross negligence, HAZET‘s liability is limited to the contract-typical damage foreseeable upon conclusion of contract. 2. The limitations of liability from B. VII. 1. do not apply in case of culpable violation of essential contractual obligations, insofar as the attainment of the contractual purpose is jeopardised, in case of culpably caused damage to life, body and health and also then if and to the extent that HAZET has assumed the guarantee for the nature of the sold item, as well as in cases of mandatory liability according to the Product Liability Act. Essential contractual obligations are those, which actually enable the proper execution of the contract and upon whose compliance the Purchaser may regularly rely. A reversal of the burden of proof to the Purchaser’s disadvantage is not associated with the above regulations. 3. Insofar as the liability of HAZET is excluded or limited, this also applies for the personal liability of the employees, workers, personnel, legal representatives and vicarious agents of HAZET. 4. Insofar as the Purchaser is legally obliged, on account of an error caused by HAZET in the goods produced and supplied by HAZET, to implement a recall action and insofar as HAZET itself would therefore be liable in the external relationship, HAZET shall bear the costs associated with the recall action only to the extent that the measures and costs are reasonable and necessary, no milder equally effective means of risk aversion are available and insofar as these were coordinated with HAZET before any costs are incurred. HAZET‘s objection to the contributory negligence remains unaffected. 5. Unless otherwise agreed, contractual claims, which arise for the Purchaser against HAZET on the occasion of and in conjunction with the delivery of the goods, shall come under the statute of limitations one year after delivery of the goods. This does not apply, insofar as §§ 438 Para. 1 No. 2, 478, 479 or § 634 a Para. 1 No. 2 of the BGB stipulates longer periods as well as in cases of injury to life, body or health, in case of a deliberate or grossly negligent breach of duty by us or in case of fraudulent concealment of a defect. The limitation period shall not recommence in cases of defective supplementary performance. The statutory regulations concerning the burden of proof remain unaffected. C. Final Provisions 1. The place of fulfillment and exclusive court of venue for all disputes directly or indirectly resulting from this contractual relationship is Remscheid. 2. The legal relationship between HAZET and the Purchaser is exclusively subject to the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated April 11, 1980. 3. Should any one of the clauses in these Terms and Conditions be or become invalid either in part or in full, the validity of the rest and/or the other provisions shall not be affected. Remscheid, September 2020 519
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