E d e l s t a h l p r o d u k t e G m b H
®
heat exchangers - hot water systems - district heating stations
German Quality / TÜV approved production
01/2013 DMS/DINOX reserves the right to make changes without notice.
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01
General Terms and Conditions of Contract
Deviating Conditions
We sell and deliver on the basis of the fol-
lowing conditions only. The application of
deviating orderer´s conditions of purchase,
ordering and commissioning is excluded.
Scope of delivery and service
The scope of the delivery and services provi-
ded by the contractor shall be set forth in the
hardware and software scope specified in the
offer or order. Our deliveries and services shall
not exceed the scope of the offer or order. Any
services not stipulated shall not form part of
the offer or our obligation to deliver. Our equip-
ment prices shall apply for the specified model.
Compliance with manufacturing requirements,
factory norms, drawings on customer paper,
special varnishing and other deviations from
the DMS-DINOX delivery standard may give
rise to additional costs that shall be invoiced
separately upon filling of the order.Should
it emerge during planning of the details or
production of the equipment hat it is necessary
to deliver additional hardware or software, any
associated additional
expenses in this respect shall be separately
invoiced.
The contractor may send an interim invoice for
the additional expences in accordance with the
payment conditions of the principal order.
Transition of Risk
We have to fulfil our duty on site of our plant in
Wismar or of our sales offices. The risk passes
with the dispatch of the goods to the orderer.
If the place of delivery is abroad, we bear the
transportation and packaging costs up to the
German border or, respectively, up to the se-
aport or airport (normal freight and customary
packaging). Additional costs for express ship
-
ping or special packaging are charged extra.
Prices
All prices are net prices
Default
The delivery times start after complete tech-
nical clarification. In the case of technical
amendments requested by the orderer after
the order confirmation, the delivery times are
extended accordingly. In the case of default,
the orderer can grant us an appropriate
grace period with the express statement that
acceptance of the delivery will be refused after
the expiry of that period, and he can withdraw
from the contract, if the new deadline is not
met. If the orderer experiences damage due to
our default, then our liability is limited to ½ %
of the delivery value per week of default, how
-
ever, not more than a maximum of 5 % of the
order valve. The limitation of liability does not
apply in the case of gross negligence or intent
from our side. If the non-compliance with the
delivery time is due to Force Majeure, indus-
trial disputes or other events that are outside
of our influence, then the delivery time shall
be extended accordingly. We will notify the
or4derer of the beginning and ending of such
circumstances as soon as possible.
Payment
Following payment conditions are applied:
•
50 % of the order value following
confirmation of the order
•
25 % of the order value after half
of the delivery time
•
25 % of the order value after delivery
or as offered
Should the purchaser default in payment, the
payments shall accrue interest at a rate 8 %
above the respective base interest rate for the
term of the default. Additional damage may be
asserted.
Cheques are accepted for processing only.
Any costs connected with their clearing are to
the account of the orderer. If the orderer does
not comply with his payment obligations, in
particular if cheques are no cleared, or if the
orderer´s financial standing declines signifi
-
cantly – in particular if he files for bankruptcy
or composition with creditors, then we shall be
entitled not to execute the delivery, until the
orderer, are our discretion, provides us with a
security or an advance payment for our claim
from the contract. The orderer shall be entitled
to set-off or retention only, if we have express-
ly agreed in writing, or if the counterclaims are
undisputed or have been legally established.
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