Spec
Sheet
General
Terms
of
Delivery
Köb Holzheizsysteme GmbH, Flotzbachstr. 33, A-6922 Wolfurt, Tel. +43/5574/6770-0, Fax 65707, E-Mail: [email protected]
Subject to technical changes
1000-1
2009-03-01_GB
I. Liability on Orders of Confirmation, Altering and Cancel-
ling Orders
1. If nothing different has been agreed on for the scope and exe-
cution of delivery, the order confirmation from the supplier is
authoritative. If the technical data of the individual items of the
scope of delivery are no longer listed in the order confirmation,
the technical data of the most recent quotation apply.
2. If the order of the purchaser is also valid for the order confir-
mation, this is expressly stated on the order confirmation of
the supplier with indication of precedence.
3. Insofar as there is no verifiable contradiction within 10 days of
delivery of the order confirmation, the contract applies as con-
cluded according to the order confirmation. In the case of de-
livery times shorter than 30 days, the time limit for objections
is reduced to 30% of the delivery time.
4. Order changes or cancellations after expiry of the time limit for
objections only apply if the supplier has declared its agree-
ment in writing. In addition, the costs arising thereof must be
borne by the purchaser.
II. Prices
1. The pricees listed in the general documentation of the supplier
(price lists) can, as a basic rule, be changed at any time with-
out advance warning.
2. All prices listed in the supplier's documentation are to be un-
derstood ex works excluding VAT.
III. Illustrations, Properties and Technical Terms
All technical data, illustrations, measurements, diagrams and
weights specified in bids, remain non-binding until they are
part of a binding documentation delivered in connection with
an order of confirmation. All rights for construction related
changes remain reserved. Materials may be replaced by
equivalent alternatives.
IV. Copyrights and Ownership of Technical Drawings and
Documentations
Technical drawings and documentation that are handed to the
buyer but do not form an integral part of the equipment and its
applications, remain the property of the supplier. Only with the
written consent of the supplier, may documents be passed on
to third parties in a changed form or in the original form.
V. Copyright and title to the control programs
Control programs used to control the equipment remain the
property of the supplier. With the full payment of the equip-
ment, the buyer receives life-long, unrestricted user rights to
the control programs.
VI. Terms of Delivery
1. If delivery dates are expressly agreed upon, they are binding.
2. Technical clarifications about all construction dimensions in-
fluencing the scope of delivery (loading device designed spe-
cifically for the building) must be submitted according to the
following minimum deadline:
42 days for systems with standard components
70 days for portable building systems
Multiple-boiler systems (complex large-scale systems) accord-
ing to arrangement with the supplier.
If the technical clarification does not permit production on time,
for which the supplier is without blame, the supplier is excused
from the deadline commitment.
3. The supplier is entitled to withhold
the delivery if the agreed payment conditions have not been
fulfilled by the purchaser.
4. If verifiable consequential costs arise for the purchaser
through delayed deliveries, the contractual parties shall nego-
tiate in regard to an amicable solution.
5. If the ordered goods are not accepted on the agreed delivery
date, the supplier is entitled to issue an invoice for the goods.
The contractual parties shall negotiate in regard to an amica-
ble solution over the consquential costs of storage.
6. In the case of order on call, the supplier retains the right to
only produce the ordered goods after receipt of the call.
VII. Shipment /Transportation
1. The supplier uses the type of packaging materials and means
of transportation he deems suitable.
2. If no other agreement exists, the equipment is sold ex-factory.
Furthermore, the INCOTERMS of the day of the contract sign-
ing is valid.
3. Should parts of the equipment be shipped individually at the
buyer's request, then the additional cost will be to his account.
VIII. Installations by the Supplier
1. Has the mode of transportation and installation of the equip-
ment been agreed upon, then the buyer is obligated to prepare
the installation site on time and in the manner stipulated.
These required preparations are listed in the confirmation of
order under the position "Installation".
2. In general, a paved pathway suited for trucks that bring the
equipment to the site must be prepared.
3. Furthermore, before installation starts, the masonry, carpentry
and other preparatory work has to be moved along far enough
so that upon delivery of the equipment, the installation techni-
cians can take up their duties right away and carry them out
without interruptions.
4. If installation must be interrupted as a result of insufficient pro-
gression of the of the masonry, carpentry or other workman-
ship, the purchaser must store the uninstalled items included
in the scope of delivery and undertake all measures that would
be made for the protection of its own property. The cost arising
from the delay and additional travel expenses of the installa-
tion technicians are to the buyer's account.
IX. Inspection/Complaints during Handover
1. The purchaser is obligated to inspect the goods immediately
on receipt. If the goods obviously do not correspond to the de-
livery note or exhibit visible defects, the purchaser must im-
mediately indicate this on the delivery note in writing. If it ne-
glects to do so the delivery and service apply as accepted.
2. A notice of defects not made on a timely basis also has the
consequence of forfeiture of the supplier's warranty deed
3. If the purchaser would like an inspection inspection, this must
be agreed upon in writing and, unless otherwise agreed upon,
goes to the expense of the purchaser. Should the handover
inspection for whatever reasons (that the supplier needs not
stipulate), be delayed, then the specifications that are to be
checked shall count as met until the opposite is proven.
4. Complaints do not void terms of payment.
