General catalog WGB tools 2019 Sida 380
Kommersiell Kunderbjudande **Toppförsäljare från WGB - Westfälische Gesenkschmiede
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General Terms and Conditions of Sale Westfälische Gesenkschmiede GmbH Schützenstraße 26-28 58339 Breckerfeld Section 1 General, Scope 1. The present General Terms and Conditions of Sale ("Terms") apply for all our business relationships with our customers (hereinafter: "Buyer"). The Terms only apply if the Buyer is an entrepreneur (Section 14 BGB), a legal entity under public law or a special fund under public law. 2. The Terms apply in particular for contracts concerning the sale and/or delivery of moveable items (hereinafter also: "Goods"), regardless of whether we produce the goods themselves or procure them from suppliers (Sections 433, 651 BGB). The Terms also apply in their respective valid version as a framework agreement for future contracts concerning the sale and/or delivery of moveable items with the same Buyer, without requiring us to refer to them in each individual case. 3. Our Terms apply exclusively. Deviating, conflicting or complementary General Terms and Conditions of the Buyer will only become integral parts of the contract if and insofar as we have expressly approved their validity. This requirement of approval applies in all cases, for instance even if we carry out delivery to the Buyer without reservation despite being aware of the Buyer's General Terms and Conditions. 4. Individual agreements reached with the Buyer in specific cases (including ancillary agreements, additions and changes) have priority over these Terms in any case. The content of such agreements is determined by a written contract or our written confirmation. 5. Legally significant declarations and notifications that the Buyer makes to us after conclusion of contract (e.g. setting deadlines, reporting defects, declaring withdrawal or reduction) must be made in writing to be effective. 6. References to the validity of statutory regulations are only provided for the purpose of clarification. Therefore, the statutory regulations also apply without such clarification unless they are directly modified or expressly excluded in these Terms. Section 2 Contract Conclusion 1. Our offers are voluntary and non-binding. This applies even if we provide the Buyer with catalogues, technical documentation (e.g. drawings, plans, estimates, calculations, DIN references), other product descriptions or documents – including in electronic form – to which we retain property rights and copyrights. 2. The order placed by the Buyer for the goods is considered a binding contractual offer. Unless stipulated otherwise in the order, we are entitled to accept this contractual offer within 2 weeks after we have received it. 3. Acceptance can be declared either in writing (e.g. order confirmation) or by delivery of the goods and simultaneous invoicing to the Buyer. Section 3 Delivery Period and Default in Delivery 1. The delivery period is agreed individually or indicated by us upon accepting the order. If it is not possible to indicate the delivery period upon accepting the order, it will be given later within 14 days. 2. If we are unable to comply with binding delivery periods for reasons outside our responsibility (non-availability of service), we will inform the Buyer promptly of these circumstances and at the same time communicate a provisional new period for delivery. If the service is still unavailable within the new delivery period, we are entitled to withdraw from the contract entirely or in part; we will promptly reimburse any services in return that have already been performed by the Buyer. In this context, non-availability of service particularly applies in case of late self-delivery from our 3. suppliers if we have concluded a congruent hedging transaction. Our legal rights of withdrawal and termination as well as the legal regulations concerning the settlement of contracts when the obligation to perform is excluded (e.g. if the service and/or subsequent performance is impossible or unreasonable) shall remain unaffected. The Buyer's rights of withdrawal and termination pursuant to Section 8 of these Terms also remain unaffected. The occurrence of default in our delivery is determined according to the statutory provisions. In any case, a reminder from the Buyer is required. Section 4 Delivery, Transfer of Risk, Acceptance, Default in Acceptance 1. The delivery is carried out ex-warehouse, which is also the place of fulfilment. At the request and expense of the Buyer, the goods can be sent to a different destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular the transport company, dispatch route, packaging) ourselves. 2. The risk of accidental destruction and accidental destruction of the goods is transferred to the Buyer upon delivery at the latest. However, in case of shipment purchase, the risk of accidental destruction and accidental destruction of the goods and the risk of delay is transferred upon dispatch of the goods to the forwarding agent, freight carrier or other person or institution charged with carrying out the shipment. If acceptance is agreed, the transfer of risk occurs upon acceptance. Apart from this, where acceptance is agreed, the statutory provisions of the law governing contracts for work and services shall apply. If the Buyer is in default of acceptance, this shall be equivalent to delivery or acceptance. 3. If the Buyer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the Buyer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). In this regard, we will charge a flat-rate compensation amounting to 1% of the net price per week starting with the delivery deadline – or in the absence of a delivery deadline, upon notification of readiness for dispatch concerning the goods. The right to demonstrate higher damages and our statutory claims (in particular reimbursement for additional expenses, appropriate compensation, termination) remain unaffected; however, the flat-rate compensation will be offset against more extensive monetary claims. The Buyer is entitled to demonstrate that we have incurred no damages or significantly lower damages than the above flat-rate fee. 4. Production-related long or short deliveries are permitted within a tolerance of 10 per cent of the total order quantity. The total price will be adjusted accordingly. Section 5 Prices and payment conditions 1. Unless otherwise agreed in the individual case, our current prices apply at the time the contract is established, ex warehouse, plus statutory VAT. 2. For shipment purchase (Section 4 (1)), the Buyer pays the transport costs ex warehouse and the cost of any transport insurance desired by the Buyer. If we do not bill the transport costs actually incurred in the individual case, a flat-rate transport fee (excluding transport insurance) amounting to 5% of the net price is agreed. Any customs duties, fees, taxes and other public charges will be paid by the Buyer. We do not take back transport packaging or any other packaging in line with the Packaging Ordinance [Verpackungsverordnung]; 3. 4. 5. 6. this becomes the property of the Buyer, excluding pallets. The purchase price becomes due for payment, notwithstanding an individual agreement, within 7 days with 3% discount, within 14 days with 2% discount or within 30 days net after invoicing and delivery or acceptance of the goods. For contracts with a delivery value of more than 10,000 euros, however, we are entitled to demand advance payment amounting to 25% of the net price. The advance becomes due for payment within 7 days after invoicing. After the above payment period has elapsed, the Buyer enters into default. The purchase price accrues interest during the period of default at the currently valid statutory default interest rate. We reserve the right to assert more extensive damages due to default. With respect to entrepreneurs, we reserve our entitlement to the commercial default interest rate (Section 353 HGB). The Buyer is entitled to offset or withhold amounts only insofar as the Buyer's claim is legally established or undisputed. In case of defects in the delivery, Section 7 (6) remains unaffected. If it becomes evident after concluding the contract that our claim to the purchase price is jeopardised due to the Buyer's inability to perform (e.g. application to initiate insolvency proceedings), we are entitled to refuse performance and withdraw from the contract – potentially after giving a notice period – according to the statutory provisions (Section 321 BGB). For contracts concerning the production of non-fungible goods (individual production), we can declare withdrawal immediately; the statutory regulations concerning whether a notice period is necessary remain unaffected. Section 6 Reservation of title 1. Until complete payment of all our present and future claims resulting from the purchase agreement and an ongoing business relationship (secured claims) we reserve the ownership of the purchased goods. 2. The reserved goods may neither be assigned to third parties nor transferred as a security before complete payment of the secured claims. The Buyer must inform us promptly in writing if and insofar as third parties obtain access to the goods belonging to us. 3. If the Buyer acts in violation of the contract, particularly in case of failure to pay the due purchase price, we are entitled to withdraw from the contract and/or demand the surrender of the goods based on our reservation of title according to the statutory provisions. The request to surrender the goods does not automatically involve a declaration of withdrawal; we are entitled to only request the surrender of the goods and reserve our right of withdrawal. If the Buyer fails to pay the due purchase price, we can only assert these rights after we have set the Buyer an reasonable deadline for payment that has elapsed unsuccessfully, or such a deadline can be waived in accordance with the statutory provisions. 4. The Buyer is authorised to resell and/or process the reserved goods in the ordinary course of business. In this case, the following provisions apply additionally. (a) The reservation of title extends to the full value of the products generated by processing, mixing or combining our goods, whereby we are considered the manufacturer. If third-party property rights are maintained when processing, mixing or combining with third-party goods, then we acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Apart from this, the same conditions apply for the crea- www.the-werkzeug.de
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