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GENERAL TERMS AND CONDITIONS

I. General information

  1. The following general terms and conditions apply exclusively, unless deviating conditions have been made in writing in individual cases. These take precedence over the following general terms and conditions.
  2. The general terms and conditions of the client are not recognized and are therefore not part of a contract. A contractual counter-confirmation by the customer with reference to his business or purchasing conditions is hereby expressly contradicted.
  3. The delivery conditions of the Central Association of the German Electrotechnical Industry apply to electrotechnical accessories or built-in parts. The regulations of the Association of German Electrical Engineers (VDE) are decisive for the execution of these parts.
  4. We commit ourselves to act with honesty, integrity and in accordance with all applicable laws and ethical principles worldwide and prohibit all forms of extortion, corruption and embezzlement. We also require this behavior from our suppliers.
  5. The following general terms and conditions will be recognized by the customer as soon as he receives our offer documents . 

II. Offer, conclusion, cancellation fee

  1. All offers are non-binding in terms of price, delivery time and delivery options.
  2. Verbal and telephone agreements are only valid after a written order confirmation.
  3. If the order is canceled up to 3 days before the delivery date, a cancellation fee of 10% of the net amount will be charged .  

III. Prices and terms of payment

  1. The price setting is in EURO, ex works plus the applicable VAT, packaging, shipping, transport, handling costs and customs fees. - For new devices plus 3 ‰ transport insurance. - Repairs are generally not insured.
  2. The contractor is entitled to correction of price errors and calculation errors, even if these are not obvious.
  3. Payment term for first time customers is payment in advance and for regular customers is 30-day net.
  4. If the payment deadlines are exceeded, default interest will be charged in the amount of the bank interest rate for current account credit.  

IV. Scope of delivery

  1. The contractor's written order confirmation is decisive for the scope of delivery. Subsidiary agreements and changes require a written confirmation from the contractor, partial deliveries are permitted at any time.
  2. If the delivery of the object of the contract becomes impossible before the transfer of risk, the contract will be reversed with the exclusion of any claims for damages and reimbursement of expenses.

V. Delivery term

  1. The delivery date is specified in the order confirmation.
  2. The possibility of delivery is always reserved.
  3. Disruptions due to force majeure for which the contractor is not responsible extend the delivery times accordingly.
  4. Claims for damages in any form cannot be asserted by the client.  

VI. Transfer of Risk

  1. The contractor bears the risk of loss or damage only until the objects of the contract are loaded onto the vehicle that takes over the transport ex works. From this point on, the price risk passes to the client.
  2. This also applies if the contractor commissions a freight forwarder or the delivery takes place by train or by air. 

VII. Delay in acceptance

  1. If, after a grace period of 10 days has expired, the customer refuses to accept the delivery or expressly declares not to accept the goods, the contractor can withdraw from the contract and claim damages of 25% of the order price without deductions due to non-performance.
  2. In the case of call orders that are not called up within 12 months, we are entitled to insist on immediate acceptance or to withdraw from the contract. A warning is necessary in both cases.  

VIII. Withdrawal

  1. The contractor only has a right of withdrawal if the client has made incorrect charges regarding his person or his creditworthiness, or has stopped making payments or has filed for bankruptcy or settlement proceedings against his assets.
  2. The client can only withdraw from the contract if the contractor allows a reasonable grace period to remedy a defect for which he is responsible to expire without effect. The reasonable grace period only begins when the defect and the obligation to represent the contractor have been recognized or proven. 

IX. Return of delivered item

  1. If delivered items are returned, down payments will be reimbursed.
  2. Official calibration certificates and manufacturer test certificates are excluded from the exchange.
  3. The client must bear the expenses actually incurred by the contractor as a result of the contract.
  4. The contractor is entitled, based on the use of the delivered item by the customer, to claim an impairment compensation of 35% of the order price within the first 6 months and, if necessary, to set it off against the customer's claims.  

X. Warranties, notices of defects

  1. The warranty for our devices is 24 months and only includes verifiable manufacturing defects by the manufacturer.
  2. Notices of defects can only be considered if they are made in writing within 8 days of receipt of the goods. We are free to make a replacement or grant a discount in the event of justified complaints.
  3. A service provided does not extend the warranty for the repaired device or for the spare parts. Repairs are only guaranteed for replacement parts (no wearing parts).
  4. Further claims are excluded, especially those for reduction, conversion or compensation and consequential damage of any kind.
  5. The contractor can refuse to remedy the defects as long as the client does not fulfill his obligations.
  6. The retention requirements of the quality-relevant test reports are based on VDA QM Volume 1.  

XI. EU Declaration of Conformity

  1. Our devices comply with the EU machine / device guidelines and are supplied with the manufacturer's declaration of conformity and CE mark. In the event of changes or changes to our devices or installation in automatic processes, the EU machine / device guidelines must also be observed.

XII. Final clause

  1. The ineffectiveness of individual clauses does not affect the validity of the others.
  2. The legal regulation takes the place of the ineffective claus.

HB005-ENG - 2020.01.03


 
 

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