General Terms and Conditions 01/2017
A. Offer and conclusion of contract
1.
Offers are, as a rule, made free of charge. Plans/layouts are
made free of charge only when expressly agreed or the
supply agreement becomes and remains legally binding. We
retain the copyright for cost estimates, drawings and other
documents; they may not be disclosed to third parties.
We reserve the right to charge for any proposal/quotation
that is explicitely requested by its recipient.
2.
We are not bound by orders until they are confirmed by us in
writing. Ancillary agreements and amendments must be
confirmed by us in writing.
B. Prices and payment
1. Prices are stated ex works Reichshof-Wehnrath, excluding
VAT, packaging and transport insurance.
2. Additional work and installation work is charged by the hour
at a rate of EUR 72.00/hour.
3. Payment shall be in cash without deductions ex paying
agent. All payments shall be made in advance unless other
terms of payment are offered by us and/or agreed with us in
individual cases for whatever reason.
If delivery/installation is delayed for reasons for which the
customer is directly or indirectly responsible, invoices will
bear the date on which the goods were ready for
loading/dispatch.
4. Unless explicitely agreed upon differently, our invoices are
due for payment within 30 days as of the date of receipt. In
case of failure to pay when due, we are entitled to charge
interest of 5% in excess of
the ECB’s key lending rate. For
merchants, we are entitled to charge 9% in excess of the
ECB’s key lending rate.
5. The customer may not withhold payment or invoke a right to
offset against our receivable on account of any counter-
claims, unless offsetting is based on undisputed and/or
legally binding counterclaims.
6. If agreed, checks will only be accepted on account of
performance. Any costs or expenses incurred by payment by
check shall be borne by the customer.
7. If the customer does not fulfill payment obligations, ceases
payment or does not honor a check or if we become aware
of a materia
l deterioration in the customer’s circumstances
that may jeopardize the purchase price claim, the remaining
debt will be immediately payable. If the remaining debt is not
settled immediately, the customer will lose the right to make
use of the goods supplied. We will be entitled to reclaim the
goods supplied without waiving our claims until they are
settled or to withdraw from the contract. If the goods supplied
are reclaimed, all costs shall be borne by the customer. In
the event of withdrawal from the contract, the customer shall
pay compensation for use of the goods delivered including
any reduction in value, irrespective of fault, and loss of profit.
C. Time of delivery and delivery
1. The delivery period begins with the date on which the order
is confirmed but not before the documents to be provided by
the customer have been submitted such as the legally
binding counter-signed order confirmation, print templates
and not before receipt of the agreed payment. Any fixed
deadlines confirmed by us in writing are only binding if prior
deadlines and obligations on the part of the customer have
been met.
2. The delivery deadline is deemed to have been met if the
goods supplied have left the works or notice of readiness for
dispatch has been given. We reserve the right to give
separate notice of readiness for dispatch.
3. The delivery period is stayed as long as the effects of force
majeure, government intervention, business interruptions
and any other disruptions we were unable to foresee and/or
for which we are not responsible, including but not limited to
delays in the supply of raw and construction materials
leading to standstills or delays in the planning, design or
production of the goods. The delivery period is extended by
the period in which the time of delivery is stayed.
4. There is only a right to withdraw from the contract if a grace
period of no less than six weeks is exceeded.
5. If dispatch is delayed for reasons for which the customer is
directly or indirectly responsible, any costs of storage will be
borne by the customer.
6. Delivery is ex works.
7. All deliveries are transported at the cost and risk of the
customer, even in the event of our means of transport being
used.
8. Partial shipments are permitted.
D. Transfer of risk
1. Risk is transferred to the customer as soon as the shipment
has been dispatched on our means of transport or has been
transferred to a third party.
2. If dispatch is delayed for reasons for which the customer is
directly or indirectly responsible, risk shall be transferred as
of the day on which the goods are ready for dispatch.
E. Retention of title
1. The goods remain our property until the purchase price is
paid in full. In the case of merchants, this will also apply if
there are unsettled claims from ongoing business relations
or we have included one or more claims in a current invoice
and a balance has been drawn and recognized. Assertion of
the retention of title and our seizing the goods shall not be
deemed withdrawal from the contract
.
The provisions of Sec.
326 BGB [“Bürgerliches Gesetzbuch”
:
The German Civil
Code] remain unaffected. Pledges or assignments to third
parties are prohibited until the purchase price has been paid
in full. The customer shall notify us without delay in the event
of ceasing payment or seizing. The customer shall provide
us with all necessary documents and information to enable
us to assert our rights. The customer hereby grants us or an
agent appointed by us access to its premises.
2. In relation to merchants, our proprietor right can be claimed
for without withdrawal from the contract, § 449 para 2 BGB
to be ineffective.
3. The customer is entitled to resell the goods in the ordinary
course of business. The customer undertakes only to resell
the goods subject to retention of title unless the goods are
paid for immediately by the third party purchaser. The right
to resale is lost in the event of the customer ceasing
payment.
4. The customer hereby assigns to us all receivables from its
purchasers arising from the resale, irrespective of whether
the goods subject to retention of title have been processed
or not. The customer is prohibited from coming to
agreements with its purchasers to exclude or hinder our
rights in any way. In particular, the customer may not enter
into an agreement that voids or hinders the advance
assignment of the receivable to us. Following assignment,
the customer remains authorized to collect the receivable
assigned to us. This does not affect our entitlement to collect
the receivables ourselves. We nevertheless undertake not to
collect the receivable as long as the customer meets its
payment obligations. We may require the customer to inform
us of the assigned receivables and debtors concerned,
provide us with all information necessary to facilitate
collection, hand over the related documents and inform the
debtors of the assignment. If the goods supplied have been
resold with other goods that do not belong to us, the amount
of the customer’s receivable from its purchaser equivalent to
the delivery price agreed between us and the customer shall
be deemed assigned to us.
5. Processing or transformation of goods subject to retention of
title is performed on our behalf as manufacturer pursuant to
Sec. 950 BGB without obligating us in any way. If the goods
are processed with items not belonging to us, we become
co-owners of the new item based on the value of the goods
subject to retention of title in proportion to the other
processed goods at the time of processing. If our goods are
merged into or inseparably combined with other movable
property to form a single item and the other item is deemed
to be the main item it will be deemed agreed that the
customer will transfer proportionate co-ownership to the
extent that the main item belongs to us. The same applies
mutatis mutandis
to the item resulting from the processing,
merging or combining as to the goods subject to retention of
title.
6. We undertake to release the collateral to which we are
entitled to the extent that it exceeds the secured receivables
by more than 25% and to the extent that such receivables
have not been settled.
7. Our retention of title is conditional in that ownership of the
goods subject to retention of title automatically transfers to
the customer upon settlement in full of our receivables and
the customer is entitled to the assigned receivables.
8. We are not required to pay compensation for or to restore
any damage caused or alterations made to premises,
buildings, cultivated areas, fences, etc., in the event of the
goods subject to retention of title being reclaimed.
Содержание Jumbrella
Страница 1: ... 2019 Bahama GmbH Germany www bahama de Important Information Jumbrella ...
Страница 11: ...Jumbrella Operating Instructions Page 1 ...
Страница 12: ...Page 2 ...
Страница 26: ...Page 16 ...
Страница 27: ...Page 17 ...
Страница 55: ......
Страница 56: ......