Baumuller BUG 622, Manual

Page: 53 / 58

Appendix
Basic Supply Unit BUG 622, 623
53
Baumüller Nürnberg GmbH
5.94034.07a
8.3 General Conditions of Sale and Delivery
1. Obligation and Conclusion of Contract
a) Deliveries of goods and provision of services shall be
effected exclusively based on these trading conditions.
They are an essential component of the contracts for
delivery and shall be considered as having been accepted
by the placing of an order. In the case of constant
business relations, they also apply for the future contracts.
b) Agreements diverging from the contract and verbal
collateral agreements shall only be binding if they have
been confirmed in writing by Baumüller Nürnberg
GmbH(hereinafter referred to as Baumüller). Diverging
trading conditions on the behalf of the purchaser shall be
without obligation, even where these have not been
expressly objected to. These General Conditions of Sale
and Delivery shall be considered as having been accepted
by the purchaser at the latest when the delivery is
accepted.
c) In as far as deliveries of goods are subject to separate
external obligations in accordance with the Law
Concerning Foreign Trade and Payments with respect to
the Federal Office for Economics, the purchaser has to
observe the relevant conditions at his/her own
responsibility.
2. Price and Offers
Offers are subject to confirmation, not binding and apply
subject to material supply possibilities. Supplements and
amendments require written confirmation. Prices are ex
works and are subject to confirmation. Invoicing takes
place in accordance with the prices valid on the date of
delivery.
3. Extent of Delivery and Delivery Time
a) Specified delivery periods/dates are without obligation, in
as far as nothing else to the contrary has been expressly
agreed upon in writing. Delivery periods do not commence
until the purchaser has fulfilled all duties of co-operation,
in particular regarding details of performance. In the event
that the agreed deposits for orders are delayed, then the
delivery time shall be extended accordingly.
b) The purchaser is entitled, in particular in the event of a
delay in delivery of longer than 3 months, to set an
appropriate period of grace and after its expiry, to
withdraw from the order. Claims to compensation due to
non-fulfilment or delay shall be excluded, in as far as
Baumüller is not responsible for intent or gross
negligence.
c) Baumüller is entitled at any time to effect partial deliveries
and partial services, as well as to invoice these
accordingly
4. Delivery Problems
a) Delays/preventions in the delivery of goods or the
provision of services due to force majeure entitle
Baumüller to delay the production and delivery by the
duration of the obstruction plus an appropriate period of
time or to withdraw in part or in whole from the order.
b) Industrial disputes or other circumstances which
substantially impede or render impossible the delivery,
such as, in particular, disturbances in the operating
processes, problems in procuring materials, official
directives also apply as force majeure, irrespective of
whether they arise with regard to Baumüller or suppliers.c)
In these cases, Items 4 a), b), the purchaser shall have no
claim to compensation due to non-fulfilment or delay of
the delivery.
5. Packaging
Items for sale and delivery items are packaged and
transport insurance policies are taken out according to the
instructions of and at a cost to the purchaser. Upon
demand, the packaging material has to be returned
without delay, free of freight charges and expenses.
6. Dispatch and Passing of Risk
Deliveries shall be made ex works. The dispatch shall be
effected at a cost to and at the risk of the recipient of the
service/the purchaser. The risk passes to the recipient of
the delivery/purchaser as soon as the delivery items leave
the works. This shall apply at the latest, from the
transferral of the delivery items to the person carrying out
the transport, forwarding agent or carrier.
7. Warranty
In the event that a delivery item is defective, Baumüller
shall deliver an additional replacement or make a
subsequent improvement at its own choice. Multiple
subsequent improvements are permissible. Other
warranty claims on the behalf of the purchaser, in
particular also due to direct or indirect consequential
damage are excluded. The pre-condition for any warranty
is the normal contractual use of the delivery items. In the
event of the utilisation of warranty services, the motor, the
replacement part or the device has to be sent in free of
freight charges, packaging costs or customs duties after
prior co-ordination with Baumüller. Baumüller is exempted
from any warranty if the party ordering returns the goods
complained about without prior co-ordination or contrary
to agreement. Warranty claims expire one month after
rejection of a defect on which notice is given, in as far as
the purchaser remains silent in this respect.
8. Notification of Defects
a) The purchaser shall examine the subject matter of the
contract and delivery items immediately and give notice of
any defects without delay, however, no later than 7 days
after receipt of the delivery. In case of non-obvious defects
notice has to be given in writing without delay after their
discovery, however, no later than 6 months from the point
of delivery. In the event that the purchaser does not give
notice of any defects in writing within this period of time,
then the subject matter of the contract shall be considered
as having been approved.
b) The purchaser shall allow Baumüller a suitable inspection
of defects of which notice is given and shall place all
necessary/requested technical information, in particular,
inspection records and test reports at Baumüller's
disposal. In the event that the purchaser fails to do so,
then the delivery items shall be considered as not having
been complained about and as being approved. In the
event that the purchaser alters the delivery items, then he/
she shall lose his/her warranty claims.
c) In the event of an established material defect or
performance defect, Baumüller can eliminate the defect or
supply a replacement. The purchaser can demand