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1. Offers and amount of the delivery
Offers are without engagement. An offer is considered as accepted, when it is confirmed in written form by the deliverer. The confirmation of the order in written form by the deliverer is relevant for the amount of the delivery. Changes, additions or oral agreements have to be accepted by the deliverer in written fom, too.
Denoted dimensions data and weight specifications within offers and confirmation of the orders in the printed papers are only nearly authoritative, unless they are explicit marked as arranged. Variations therefrom in commercial boandaries do not adjust to claims and price reductions.
2. Price and conditions of payment
The prices count from the factory and do not include package, freight, postage and stability of value. Package and freight result on the best of discretion, but without further ongoing bindingness of the deliverer. Transport insurance conducts the deliverer only after explicit request of the orderer for whose bill. Package material gets calculated.
The payment is able to accomplish free from the point of payment of the deliverer.
Bills are payably 30 days after the billing date net without deduction or within 10 days after the billing date with 2% discount.Partial deliveries were pro rata calculated. The payment through change or similary is only after previous , agreements possible. All bills of exchange charges or other charges of the payment dealings attend at the expense of the orderer.
Check and change count principal with encashment as payment.
At overstepping the agreed payment conditions a penalty compensation in amount of the relative bank interests and charges for opened business loans gets calculated, without subject to an other warning, with reservation of the announcement further rights. The reservation of payments or not accepted counterclaims of the orderer or not adequate informations authorizes the deliverer to claim advance invoices for still outstanding deliveries of all ongoing orders. At a suspension of the agreement all developed costs for the design supply and acquisition of the products have to be payed at once at the deliverer.
3. Reservation of proprietary rights
The deliverer reserves the property from the delivery item until the entrance of all payments of the agreement. The orderer must not the delivery item neither bond nor transfer for protection. At bailment or confiscation or further instruction by a third party he has to inform the deliverer therefrom immediately. The announcement of the reservation of proprietary rights as well as the attachment of the delivery items through the deliverer count not as resignation of an unfulfilled delivery contract. When products of the deliverer are connected with other objects to a uniform object by the orderer then it is essential agreed that the orderer hold the object for the deliverer at safekeeping and transferred distributed common ownership in terms of the §947 para. 1 Civil Code. Disappears the reservation of proprietary rights, so the orderer assigns his grown rights of the realienation by now.
4. Delivery time
The delivery time starts with the posting of the confirmation of the order, but not before the clarification of all technical necessary details. The delivery time lengthens adequately, at entrance unexpected hindrances, outside of the volition of the deliverer - equal whether at the deliverer or within the producer factory or whose sub-supplier - e.g. in cases of higher violence, governmental sanctions - outside of the FRG, too - and other debt-free delays in the finishing of delivery parts, disruption in operation, proved rejection, delay at the delivery of RHB- materials, so in such hindrances, which are demonstrable of an important influence on the finishing or the delivery of the delivery items. Such hindrances are also not represented by the deliverer, when they arise during an already existing delay.
Additional required changes by the orderer have the consequence that there is a disruption of the delivery time, which starts again after the agreement over the required change.
A penalty compensation were not guaranteed!
5. Transfer of perils
The danger change at the latest over with the posting of the delivery parts from the factory to the orderer, and indeed,too when a freight paid delivery is agreed.
Lagged the transport on grounds which the deliverer do not represent, so changes the danger over to the day of the readiness for shipment of the orderer. Disagreements, which arise from the transport of the parts, are immediately denotated in written form for the deliverer.
6. Responsibility for lacks of the delivery
For lacks of the delivery, where also belongs the failure of explicit vested characteristics, the deliverer takes the responsibility as follows:
All those parts are free of charge and after his choice refinished or have to be new delivered by the deliverer, which are detectable within 12 months after the point of delivery and the transfer of perils as consequence of a previous transfer of perils lying fact, particularly becaue of bad provided materials or inadequate construction by the deliverer turn out to be unusable, or whose utility is impaired relevant. Provided that the orderer fulfil incumbent contractual obligations, particularly the agreed payment conditions. The identification of such lacks is immediately told on the deliverer in written form. The right of the orderer to count requirements from lacks disappears in all cases from the moment of the timely objection within 12 month, but at the earliest at the end of the guarantee period. After placing the order of all necessary visible changes or alternate deliveries, the deliverer has to afford the required time and opportunity for the orderer. Rejected parts are completely and mounted returned principal on his request to the deliverer . For rejected parts, which were fragmented by the orderer, we can not take the guarantee! The freight for the rejected parts holds the orderer. Replaced parts gets property of the deliverers. For the delivery parts assumes no liability, as a result of its substantial conditions, its kind of usage and initiation, as a result of natural wasting, overuse, false temperature, unsuitable operating materials, false operating viscosity, dirty operating medium , chemical, electro-mechanical or electrical weathering- or nature- influences a damage or a previous usage.
For the hydraulic pumps vested characteristics the results at the test corp of the deliverers are authoritative.
For troubles, which arise through incorrect mounting or lacking service of a hydraulic pump, the deliverer assumes no liability. At the delivery of alternate parts the deliverer assumes for the agreeable drawing construction. For performed reworks or delivered alternate parts exists only a liability until the end of the guarantee period of the original delivery. The liability disappears, when re-working, changes or repair works without previous agreement of the deliverers are conducted. The liability refers only to the value of the delivered object. Further requirements of the orderer are excluded, irrespective of legal basis, particularly constructive or nonconstructive damages as well as assembly and disassemby costs.
7. Right of withdrawal and other rights
The orderer is entitled to a right of withdrawal, when the deliverer makes the delivery completely impossible, when the deliverer is culpable behindhand with a set withdrawal threat with adequate extension of time, which he let elapse, when the deliverer let fearless and culpable elapse a posed adequate extension of time and the elimination of his lack in terms of the delivery conditions for him or when the re-working proves to be impossible.
Unseen events in terms of the number 4, which lead to the overstepping of the agreed delivery time, authorize the deliverer to the exclusion of any requirements of the orderer complete or partial to the withdrawal, when since the placing of orders the economic conditions changed like this, that the fulfillment fairly can not be expected of the deliverer. This also counts, when at first a lenghtening of the delivery time was agreed.. Except the previous right of withdrawal and the in number 6 defined requirements, the orderer can not count no alternate requirements or other rights because of possible disadvantages, which are connected with the delivery agreement or the delivery item, against the deliverer, irrespective of legal basis he relies on.
The demand to prove delivered products within type, conditions and performance gets understood as service agreement. Service agreements were often connected with deadline pressure and count in such cases without confirmation of the order in written form.
If there exist a re-working in the context of the guarantee, it is for free. Though there is no recognized damage in the context of a such inspect detected, so the inspect is calculated after expenditure of time. Sending a questionary for the specification of the lack by the deliverer, you have to answer it detailed within a fair space of time of 2 weeks. Backdelivered products were scrap when 6 weeks after the delivery without no further enquiry no answer of the questionary happened. The generation of reports for not detected notices of defects by the deliverer is a relevant additional expense for the inspect and have to be ordered seperately. These expense gets calculated as engineer hours after time. The currently legal hourly rates are: mechanic 38,00 euro, master 63,00 euro and engineer 102,00 euro. It is optional for the deliverer to conform the qualification of the ordered assistants of the complexity of the dectected lacks.
9. Place of delivery and place of jurisdiction
Place of delivery for both parts is the seat of the deliverers.
General place of jurisdiction is at all, from the contractual relationship arising indirect or direct differences the headquarter of the deliverers. The deliverer is authoried,too to complain at the headquarter of the orderer.
The contruct is subordinated to the German right!
Terms and conditions of the orderer, which disagree with whose delivery conditions, are not binding for the deliverer, also when they are at the bottom of the order and the deliverer has not explicit disagreed its content.