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VERKAUFS- UND LIEFERBEDINGUNGEN für den kaufmännischen Geschäftsverkehr
THIS IS AN ENGLISH TRANSLATION FOR INFORMATION PURPOSES ONLY. FOR ALL LEGAL PURPOSES REFERENCE SHOULD BE MADE TO THE GERMAN ORIGINAL.
1. General
All deliveries are subject to our terms, even if the customer specifies different terms. Any arrangements that have not been included in the confirmed order or that have not been confirmed by us in writing, are non-binding. On publishing the main catalogue 2013 all previously existing prices and price agreements lose their validity.
2. Quotation
If not arranged otherwise, our quotations are non-binding and without engagement. We do not accept any responsibility or liability whatsoever for the functionality of products manufactured according to the customer's drawings or for any other defects which may occur as a result of the customer's instructions. Documents, such as diagrams, drawings, information about weight and dimensions of products represent approximations only; unless such information is described as "binding". We reserve the copyright for all cost estimates, drawings and other documents. Any such documents become our property and may not be disclosed to third parties. Any infringements are liable for full damages. In case of infringement, we also reserve the right to withdraw immediately from a contract. Constructional designs are also subject to change. Drawings and other documents included in our bids must be returned to us or remunerated on request or, if we have not been granted the contract, immediately. The amount payable will be determined by us based on economic factors at our reasonable discretion.
3. Order – Completion of the contract:
Orders are not valid until they have been confirmed by us in writing. A commercial invoice may also serve as order confirmation.
4. Prices
All prices are in EURO excluding sales tax. Unless otherwise agreed, prices are stated ex works, including standard packaging. Sales tax will be calculated based on the valid rate on the day of delivery. Any discounts will be deducted from the list prices. We reserve the right to re-calculate the prices for products or energy costs that are associated with an official authorization, if the official authorization takes effect in the time between contracting and product delivery. Additionally, we also reserve the right for a re-calculation, if collectively agreed upon wage and salary increases have taken effect in the time between contracting and product delivery. The prices listed for components made of copper, brass or red brass are based on a DEL copper quote of 153.39 EUROS. Should the DEL quote increase by more than 12.78 EUROS per 100 kg, we will charge an additional non-ferrous metal fee. The price calculation is based on the DEL quote on the day after receipt of the clarified order. If one of our cost price factors is excluded from the price fixing process and a traceable cost price factor arises subsequently, we will be authorized to re-calculate the price, if the price increase occurs in the time between contracting and product delivery. The prices listed are non-binding, recommended prices. Our products may be resold at a higher or lower price by our customers.
5. Terms of payment
Unless otherwise agreed in writing, all payments must be made either within 8 days after invoice date with a 2% cash discount or in full within 30 days after invoice date. Payment is automatically considered overdue the day after these appointed payment dates have expired. A payment reminder to establish the debt is not required. We reserve the right to appropriate any payments made first to the cost, then to the interest and thereafter to the oldest, still outstanding invoices, even if the customer makes different stipulations at the time of making a payment. If, after conclusion of the contract, it comes to our notice through our enquiries and other facts that it is, at our discretion, not advisable to allow the customer credit to the amount of the invoice we will be entitled to ask for advance payments, security for all deliveries or to withdraw from the contract. If advanced payments or security deposits are not made within the time period stipulated by us, we are entitled to claim damages due to default. If the customer falls behind with making partial or full payment, all of our payment claims become due immediately. The customer has no right to retain or reject the services owed to him. From the due date of the payment, the customer will be charged with interest on arrears which is 2% higher than the interest normally charged by our bank. For orders with a net value (value of items without shipping costs and sales tax) of less than EURO 40.00, an extra charge of EURO 5.00 for small quantities will be invoiced. Cash sales are excluded.
6. Reservation of title
We reserve the right of ownership in respect of the goods supplied until such time as all claims under the business relationship with the partner have been met. The customer's claims from the resale of the reserved goods and/or further manufacturing steps involving the use of our goods are fully transferred to us. Passing on our goods is only permitted within the context of proper business operations. In the event that the customer sells or delivers the reserved goods, with or without further processing, together with other goods that are not our property, then the assignment of the accounts receivable resulting from the resale only applies to the value of the reserved goods. The customer has no other rights of disposal concerning the reserved goods. At our request the customer is obliged to inform us about his customer and the agreed selling price and to inform his customer of any assignment to us.
7. Delivery
The agreed delivery times commence on the day on which the contract becomes legally effective. Unforeseen events, such as war, mobilization, natural phenomena, disturbances of normal factory operations which are beyond our control, delayed delivery or quality defects of raw materials, etc., damage to important workpieces, or difficulties of various kinds due to unstable economic conditions, entitle us to extend the delivery time by the time required to deal with these events. We are also entitled to withdraw from the contract if any such events occur, even if the delivery time has already been extended. Such circumstances neither entitle the customer to withdraw from the contract nor to claim damages.
8. Shipping
The delivery is considered to have been effected as soon as the goods have left the factory or the warehouse, even if delivery carriage paid has been arranged. Upon request by and at the expense of the customer, we can insure the consignment against breakage, fire and transport damage.
9. Warranty and liability
The customer or his representative must inform us immediately on receipt of the goods in writing about any immediately apparent defects and any latent defects which are discovered upon careful inspection of the goods delivered, including incomplete delivery. We are entitled to take back faulty goods, to issue a credit note or to replace with faultless goods, if the defect has been claimed immediately. This also applies to defects that were not recognized during the immediate entry inspection. We shall not assume liability for any damage caused by incorrect installation or modifications made to the product. Further claims by the customer, such as redhibitory action, reduction of the purchasing price, compensation, as well as claims brought forth by third parties are excluded. We are not liable for any damage not deriving from the delivered goods themselves. In particular, we are not liable for lost profit or other financial losses incurred by the customer. The aforementioned limitations of liability do not apply in the case of specific intent or gross negligence. They also do not apply if the customer has claimed damages due to default because the product is lacking an advertised property according to §§ 463, 480 II BGB (German Civil Code). Compensation is limited to foreseeable damage. In the event that we violate a cardinal duty or a contractual obligation through negligence or we are responsible for a culpa in contrahendo we are liable only for standard contractual loss or loss which might reasonably have been expected. We deliver only functional goods. A warranty for using the goods for the purpose intended by the customer can only be given, if we have issued our express written consent. So far as our liability for damages is excluded or limited, it can also be applied to any other claims, including claims due to culpa in contrahendo, infringement of minor obligations and claims arising from the producer's liability according to § 823 BGB (German Civil Code). The above paragraph does not apply to claims according to §§ 1, 4 of the Produkthaftungsgesetz (German Product Liability Law) or in cases of inability or impossibility. So far as our liability is excluded or limited this also applies to the personal liability of our employees, representatives, deputies and assistants. Any liability claims cease in agreement with § 477 BGB (German Civil Code), excluding claims arising from the producer's liability according to §§ 823 cont. BGB (German Civil Code).
10. Returning material
Delivered products can only be returned in exceptional cases and only with our approval. The goods must be in their original packaging. Goods which were delivered more than 3 months ago cannot be returned. In order to cover the costs of handling returned goods, we charge a return fee amounting to 10% of the goods' net value. If, for special reasons, we agree to take back unpacked parts or parts that are not in their original packaging, a fee for new packaging amounting to 10% will be added to the return fee. Transport costs for returned goods will not be paid by us.
11. Data privacy
The customer's data concerning our business relationship with him will be handled according to the German Federal Data Protection Law.
12. Place of fulfilment, place of jurisdiction
German law is applicable to these terms of sale and delivery and to the entire legal relationship between the contractual partners. The UN Convention on Contracts for the International Sale of Goods (CISG) from 04/11/1980 is not applicable. Place of fulfilment and jurisdiction for delivery, payment and all liabilities, including any action relating to payment by bill of exchange or cheque, is the town of Neumarkt/Opf. Invalidity of one part of these terms of delivery does not affect the other parts of this agreement. In this case, the invalid part is replaced by the current legal regulation. Any changes or alterations to these terms of delivery require the written consent of the seller. Sales tax identification no. DE 133211151 J. Pröpster GmbH. Register of companies Nuremberg, HRB 8169, Managing directors: Johann Pröpster , Dipl. Ing. Johann Pröpster jun.
J. Pröpster GmbH
Regensburger Straße 116
D-92318 Neumarkt
Phone +49 (0)9181/2590-0
Fax: +49 (0)9181/2590-10
Office: info@proepster.de
Sale: service@proepster.de
Planning: iso@proepster.de
Canditature: bewerbung@proepster.de
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