CIMCO - Main Catalogue Strona 393
Oferta dla klientów komercyjnych**Najlepiej sprzedający się od CIMCO - Werkzeugfabrik
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Technical appendix, numerical lisT, index, sales 1 TeRms Of sale and deliVeRy – sTaTus augusT 2021 i. general provisions 1. Written declarations from both parties are decisive for the scope of the deliveries or performances (hereinafter: deliveries). However, the buyer’s general terms and conditions of business only apply if the supplier or performance provider (hereinafter: supplier) has expressly agreed to them in writing. Verbal agreements must be confirmed in writing to be valid. Offers are non-binding prior to our written order confirmation. 2. The supplier unconditionally reserve their exploitation rights under property and copyright law for cost estimates, drawings and other documents (hereinafter: documents). The documents may only be made available to third parties with the prior consent of the supplier and, if the order is not granted to the supplier, the documents must immediately be returned to the supplier upon request. Clauses 1 and 2 apply correspondingly for the buyer’s documents; these may, however, be made available to such third parties that the supplier has permissibly commissioned to make deliveries. 3. Partial deliveries are permissible provided they are reasonable for the buyer. 4. Specifications of dimensions, weights, and other characteristics of the goods are approximate values and are subject to the tolerances common in the field. The specifications do not indicate warranted characteristics in the legal sense provided they are not expressly designated as such. The products are described exclusively in our catalogue. ii. 1. 2. 3. Prices and payment conditions The prices listed are ex works and do not include packaging, shipping costs and transport insurance, nor do they include the legally applicable VAT. The supplier’s pecuniary claim is due 10 days after receipt of invoice. For payments made within 10 days of the invoice date a 3% discount is granted. For payments made within 30 days of the invoice date a 2% discount is granted. All invoices are payable in full within 60 days of the invoice date. 4. Payments shall be made free of all transfer charges to the supplier’s account. 5. The buyer can only offset with claims that are uncontested or legally effective. 6. If payment is made late, the supplier has the right to charge interest for delay in accordance with currently valid legislation. iii. shipping terms; returns 1. Shipping occurs ex works and with no guarantee of the cheapest type of shipping, provided no specific agreement has been reached. Consignments with a net order value of more than € 500 are shipped free of charge; below a net order value of € 50, they are shipped ex works plus a € 10.– handling charge. Export shipments above a net goods value of € 250 are made free to the German border or F.O.B. at a German sea port. 2. Returning goods requires the consent of the supplier, provided this is not a matter of justified claims. If the buyer returns goods without the express consent of the supplier, and provided the reason for this is not a defective delivery, then the supplier shall charge a processing fee of 15% of the net goods value at current purchasing prices. This does not affect the right to demand contractual fulfillment and acceptance of the goods, including reimbursement of the additional costs incurred by the supplier due to the return. Returns of damaged and discontinued goods are never accepted. 3. Articles requiring revision can not be returned. 4. VDE certified articles will only be accepted for return against an increased fee of 30 %. iV. Retention of title 1. The delivery items (reserved goods) remain the property of the supplier until all of the supplier’s claims against the buyer that have arisen from the business transaction have been fulfilled. Should the value of all security interests to which the supplier is entitled exceeds the value of all secured claims by more than 20%, the supplier shall release part of the security interests if requested to do so by the buyer. 2. While the retention of title is in effect, the buyer does not have the right to pledge the goods or assign them by way of security. Resale is only permitted by resellers in the usual course of business and only subject to the condition that the reseller receives payment from their customer or, if the reseller stipulates that title to the goods is not transferred to their customer until the customer has fulfilled their payment obligations. 3. a) If the buyer sells the reserved goods, then the buyer already assigns as security their future claims arising from resale to their customer, with all ancillary rights – including any outstanding balances – to the supplier for security purposes, without any separate subsequent explanations being required. If the reserved goods are resold together with other objects without an agreement on the individual price of the reserved goods, then the buyer assigns to the supplier, with priority over the remaining claim, that part of the total price claim which corresponds to the price of the reserved goods set by the supplier in their invoice. b) For substantiation of a justified interest, the buyer must provide the supplier with the information required to satisfy the supplier’s claims against the customer and the buyer must hand over the required documents. c) Until revocation, the buyer is authorised to collect the assigned claims from the resale. If an important reason exists, in particular delayed payment, stoppage of payment, opening insolvency proceedings, protest of a bill or justified suspicion of over-indebtedness or pending inability to pay on the part of the buyer, the supplier has the right to revoke the buyer’s authorisation to collect. Furthermore, the supplier can, after giving prior warning with a reasonable grace period, disclose the assignment for security, realise the assigned claims and demand that the buyer disclose the assignment for security to the customer. 4. a) The buyer is permitted to process the reserved goods or to mix them or connect them with other objects. The processing, mixing or connecting (hereinafter: processing) is carried out for the supplier. The buyer shall keep the new item for the supplier with the diligence of a prudent businessman. The new item is considered to be reserved goods. b) If processing is carried out with other objects which do not belong to the supplier, the supplier is entitled to a share of the ownership of the new item which corresponds to the ratio of the value of the processed, mixed or connected (hereinafter: processed) reserved goods to the value of the rest of the processed goods at the time of processing. If the buyer acquires individual ownership of the new item, the supplier and the buyer agree that the buyer grants to the supplier a share of the ownership of the new item created by the processing corresponding to a ratio of the value of the processed reserved goods to the value of the rest of the processed goods at the time of processing. c) If the new item is sold, the buyer hereby assigns to the supplier as security their claim against the customer from the resale, including all ancillary rights. This assignment takes effect without requiring any special subsequent explanations. The assignment only applies to an amount that corresponds to the value of the processed reserved goods set by the supplier in their invoice. The share of the claim assigned to the supplier shall be given settlement priority. With regard to the authorisation to collect as well as the requirements for its revocation, No. 3. c) applies correspondingly. d) If the buyer connects the reserved goods to real estate or movable goods, then, without requiring any further special explanation, the buyer also assigns as security the claim which they are entitled to as compensation for the connection, including all ancillary rights, to an amount corresponding to the ratio of the value of the connected reserved goods to the value of the rest of the connected goods at the time of the connection. 5. In the event of pledging, confiscations or other access or intervention by a third party, the buyer must inform the supplier immediately. 6. In the event of breach of duty by the buyer, in particular delayed payment, the supplier has the right, after the expiration of a reasonable grace period for performance given to the buyer, to withdraw from the contract and recover the goods; this does not affect the legal stipulations on the expendability of setting a grace period. The buyer is obligated to surrender possession. V. deadlines for deliveries; delay 1. If the supplier is prevented from meeting a performance deadline, the performance deadline is pushed back by a reasonable period; this does not apply if the supplier is responsible for the delay. Compliance with deadlines presumes the proper receipt of all documents, required approvals and releases, in particular of plans, to be delivered by the buyer, as well as the compliance of the buyer with the agreed payment conditions and other obligations. If these requirements are not fulfilled on time, then the deadlines shall be extended correspondingly; this does not apply if the supplier is responsible for the delays. 2. Agreed delivery dates (“Delivery by ...”, “Delivery in ...”, “Delivery on ...”) count as target dates, provided they are not expressly declared as binding by phrases such as “at the latest on ...”, “guaranteed by ...” . 3. If deadlines are not met due to force majeure, e.g. mobilisation, war, civil unrest or similar events, e.g., strike, lockout, the deadlines are extended accordingly. 4. If the supplier is late, then – providing that the buyer can verify that they have incurred damages as a result – they can demand compensation for each complete week of delay of 0.5%, but totaling no more than 5%, of the price for the part of the delivery that could not be put to its intended use because of the delay. 5. Compensation claims by the buyer due to delivery delays and instead of performance which exceed the limits listed in No. 4 are excluded in all cases of delayed delivery, even after the expiry of any delivery deadline that may have been set. This does not apply where liability is mandatory as in cases of wilful intent, gross negligence, or due to death, physical injury or damage to health; this is not associated with a change in burden of proof to the disadvantage of the buyer. The buyer can only withdraw from the contract within the framework of legal provisions, insofar as the supplier is responsible for the delivery delay. 6. If requested to do so by the supplier, the buyer is obligated to declare by an appropriate deadline whether, due to the delivery delay, they intend to withdraw from the contract and/or demand compensation in lieu of performance or whether they insist on performance. 7. If, at the buyer’s request, shipment or delivery is delayed by more than a month from notification of readiness for shipping, the buyer may be charged a storage fee for each month commenced of 0.5% of the price of the delivery items, up to a maximum, however, of a total of 5%. The contracting parties have the right to provide evidence of higher or lower storage costs. 8. If the buyer claims that they did not receive a delivery shipped to them, the supplier can charge the buyer for the costs of the inquiry of at least € 30. 9. Additional and other claims and rights in connection with delayed delivery or performance are excluded. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 393
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