I. General purpose
- Following sale, deliver and terms of payment are regarded as a component of the contract by placing of order. Divergent conditions require the special written agreement.
- Divergent conditions of the customer are excluded.
- The regulations of the HGB of the Federal Republic of Germany for trading firms apply to all contracting parties as far as nothing else is agreed hereinafterly. Our conditions apply to regular business connections, too, when they were not pointing to it or not confirming they in the single case.
- Verbal arrangements aren't valid.
II. Offers, delivery periods and start of work.
- In principle, our offers are without engagement.
- Start of work and duration of the work which particularly haven't been agreed on as obligatory are always non-committal delivery dates or periods.
- Shortage of raw material, strike, shutouts, breakdowns and other cases acts of god authorize us to withdraw from the contract or which agreed to extend delivery period correspondingly.
- Compensation because of not punctual delivery or non-delivery, delayed work photo or delayed completion as well as resignation of the contract is excluded.
- The contents of offers, estimated costs, drawings and other documents may be neither used nor passed on to third parties opposite third parties.
- If not agreed differently, the charging rates indicated by us for labor contain the costs for overtime allowances and triggerings to BMTV.
- Unless otherwise agreed, the prices are exclusive of packaging, ex stock.
- The prices are net prices.
- This one comes to the calculation on the day of the delivery or the start's of work valid price.
IV. Terms of payment.
- At all sales has the payment within 14 days after date of invoice. The invoice is carried out agreements net, provided that not other were reached within 14 days after date of invoice 14-day , the payment 2% cash discount to be carried out at labors.
- The product remains our property until the definite payment of the selling price acc. to § 455 BGB (reservation of title).
- A restraint right because of any counter-claims isn't entitled to the buyer. Settings off with counterdemands also are excluded.
- The payment of our invoice with change requires special agreements.
- Payments have to be directly made only to us.
- Our branch offices aren't entitled to the collection.
- Non-compliance of our terms of payment releases us from every broader contractual duty from all contracts concluded with the buyer.
V. Personal and safety
The work is carried out by our specialist staff after the best knowledge. If not agreed differently, our staff is exclusively subordinate to our making leadership and has only the orders to follow. This also applies to helpers made available by the customer.
Our specialist staff is obliged for them for the confidential treatment of all technical drafts and everyone at the accessible insight into our glowing business.
The scaffoldings, to be provided of the customer rough diagrams and equipment must comply with the regulations fixed in the law and of the supervisory authorities, professional associations, trade associations and other organs.
VI. Customer's complaints and guarantee.
- Customer's complaints of any type must be in writing carried out opposite us under a detail of the noticed individual defects within 8 days after receipt of the product.
- The customer's complaint is lifted up on time and appreciated by us after this, we take the product back so as far as it is in the condition of the delivery still and replace it free of charge by faultless goods. We are authorized to refund the selling price instead of the substitute delivery. Other claims, like costs for after-work and wages which have been carried out without our consent as well as freight charges, delay punishments, a replacement of immediate damages and like that are excluded.
- For the sale of a second-hand equipment every guarantee is excluded.
- For the sale of a new equipment we take on the full guarantee for the use of faultless material as well as professional and careful delivery of all parts - also the deliveryparts - until the duration of 1 year as of delivery as agreed ex works.
- The delivery more simply becomes operation way all requirements, this one be put for technology to the newest stand to such goods and correspond to regulations dictated the legal and official perhaps fully (VDE, MOT, professional association etc.), with regard to construction, operational safety, used material, workshop-like processing.
- Furthermore these are object of our guarantee obligations of functions and assured us and demanded by you performance data of the product.
- These aren't produced by qualities assured us or we one of the guarantees taken by us won't be filledly, so if the product at our expense qualities show and the guarantees given by us are filled immediately constructive and/or by substitute delivery as long as improve, till this the assured. All costs, assembly cost etc. arising in such a case are for debits of the Deliver. Freight charges are for debits of the buyer.
- As long as the product is in the possession of the buyer, the buyer unimportantly whether from sales contract or another contract relationship carries the danger.
- At labor the heat treatment of our specialist staff is carried out in the branch, the appropriate pre-document work and the specifications of the customer to the recognized level of the technological development.
- With the handing over of the documentation for the physical process taken place (temperature time diagram) by the contractor and the acceptance of these documents by the customer the task is filled.
- A liability for the reduction of sweat tensions of as well as failing to appearnot gets to unwanted mead logical or geometric changes at the heat treatment object taken.
- The skid resistance contains damages, this one provable on processing are based more faultily on the part of the order recipient.
- Independently of the regulations met in the prominent section, we are authorized to turn away or to meet our liability obligations that we transfer the guarantee claims passing us opposite the pre-suppliers to the buyer.
We carry out our work with high-quality material and equipment. You are billed for damages by your staff at our device on a full scale.
The dispatch is always carried out on invoice and the risk of the receiver even if a freight paid delivery is agreed.
IX. Place of performance and place of jurisdiction.
For all mutual obligations also for change and check obligations place of performance and place of jurisdiction Pirna and but independent of this are, whether the delivery ex works or as of branch offices or whether the delivery place of destination freely is agreed.