Baumuller BUM 62, Operating Instructions Manual

Page: 69 / 74

Appendix
Mono Power Unit BUM 62, 63, 64
69
Baumüller Nürnberg GmbH
5.94005.12
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 busi-
ness relations, they also apply for the future contracts.
b) Agreements diverging from the contract and verbal collat-
eral agreements shall only be binding if they have been
confirmed in writing by Baumüller Nürnberg GmbH (here-
inafter referred to as Baumüller). Diverging trading condi-
tions 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 Deliv-
ery 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 Concern-
ing Foreign Trade and Payments with respect to the Fed-
eral 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 appro-
priate 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 accord-
ingly.
4. Delivery Problems
a) Delays/preventions in the delivery of goods or the provi-
sion 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 with-
draw in part or in whole from the order.
b) Industrial disputes or other circumstances which substan-
tially impede or render impossible the delivery, such as, in
particular, disturbances in the operating processes, prob-
lems 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 trans-
port 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 with-
out 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 transfer-
ral of the delivery items to the person carrying out the
transport, forwarding agent or carrier.
7. Warranty
a) The period of warranty amounts to 12 months from the
day of dispatch.
In the event that a delivery item is defective, Baumüller
shall deliver an additional replacement or make a subse-
quent 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 war-
ranty 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. War-
ranty 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 nec-
essary/requested technical information, in particular,
inspection records and test reports at Baumüller's dis-
posal. 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 perfor-
mance defect, Baumüller can eliminate the defect or sup-
ply a replacement. The purchaser can demand rescission
or a reduction after the expiry of an appropriately set
period of grace. Further claims on the behalf of the pur-
chaser, in particular to the reimbursement of dismantling
costs or installation costs are excluded. The same applies
to damages which do not affect the delivery item itself.
d) Natural wear and tear and damage which arises after the
transferral of risk, in particular also due to incorrect or neg-
ligent handling, excessive demands or other unsuitable
use not in conformity with the contract are excluded from