I. Order and Acceptance
Our offers are subject to change. Contracts and agreements are binding for us only by a written order confirmation.
Other terms or agreements require special written approval, especially not deviating or supplementary general terms and conditions of the customer part of the contract.
, you will also not be recognized if we are with them again after receipt We expressly reject. At the latest with the acceptance of our goods are subject to our delivery and payment to be accepted.
II Delivery Time The delivery period begins with the dispatch of the order confirmation, but not before the provision of the Purchaser, if necessary, documents, permits, approvals and receipt of an agreed deposit. The delivery deadline is met if before its expiry for dispatch has been notified or the delivery item has left the factory. The delivery period shall be extended accordingly in case of labor disputes, in particular strikes and lock-outs or any unforeseen circumstances that are beyond our control, eg breakdowns, delays in the delivery of essential materials, provided that such difficulties can be proved to the delivery of the object of considerable influence are. This also applies if the circumstances occur at sub. The delivery period shall be extended by the duration of such measures and obstacles. The aforementioned circumstances are also not our responsibility if they occur during an already existing delay. From our beginning and end of such obstacles will be notified as soon as possible in important cases the purchaser. Partial deliveries are permitted within the delivery periods stated by us, as long as disadvantages for the use result from.
III. Scope of delivery The scope of delivery is determined by our written order confirmation. structural or design changes that are due to the improvement in technology and demands of the legislature be reserved during the delivery period, provided the delivery is not considerably changed and the changes for the purchaser reasonable are.
IV Cancellation costs If the Purchaser unjustified from a placed back order, we may, without prejudice to the possibility to make a higher actual damages, claim 10% of the price for the damage caused by the processing of the order and for loss of profit. The purchaser has the right to prove lower damages.
V. Packaging and shipping packaging shall become the property of the customer and invoiced by us. Postage and packaging charges will be billed separately. The choice of transport is carried out by us at our discretion.
VI. Acceptance and Transfer of Risk The customer is obliged to accept the delivery item. Unless otherwise agreed (delivery by us) the transfer takes place at the headquarters of forest ranger welding systems GmbH. The purchaser is entitled to check the delivery item within fourteen days of receipt of notification of availability or other notification of the completion of the handover. The buyer has the obligation to accept the delivery item within the same period, unless it is through no fault prevents temporarily for adoption. Remains of the purchaser with the acceptance of the purchase object for more than fourteen days from receipt of deployment display intent or gross negligence in arrears, are we shall be entitled, after setting a grace period of another fourteen days, to withdraw from the contract or to claim damages for non-performance. The setting of a grace period is not required if the customer acceptance seriously and finally refuses or is obviously within this time for payment of the purchase price is not capable. , the risk passes to the handover of goods to the customer or a supplier, at the onset of default of acceptance to the Purchaser. The customer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item at the time of the refusal to the buyer goes through.
VII Price Changes Price changes are permitted, if the time between contract and the agreed delivery date more than four months. Increase thereafter until the completion of the delivery wages, material costs or market cost prices, we are entitled, the price is reasonable to increase according to the cost increases. The customer is only entitled to withdraw if the price increase exceeds the increase in the general cost of living between order and delivery significantly. If the customer is a merchant, a legal entity under public law or a public law special fund, price changes according to the above provision are allowed if more than six weeks between contract and the agreed delivery date.
VIII Warranty We assume in the following manner the liability for defects in the goods supplied: a) During a period of twelve months after the acquisition of a new delivery item the buyer has a right to eliminate errors (rectification). Can not we one of our warranty obligation underlying eliminate errors (failure to repair) or for the Purchaser further attempts unacceptable, the purchaser can demand instead of rectification conversion (cancellation of the contract) or reduction (reduction of the payment). Warranties for used goods are not accepted, they will be sold as they stand and lie. b) Normal wear and tear is excluded in all cases by the warranty. Due to further claims and rights, we are only liable in cases of intent or gross negligence. Any further liability is excluded. c) the delivery of goods immediately upon receipt, even before confirmation of the transport document to check for transport damage. To avoid hidden damage, while the packing must be removed. Damage must be recorded on the goods receipt and refuse acceptance of goods. Deformities in our products, which differ from the test report shall not be recognized by us in hindsight. Completeness of delivery of goods must be examined immediately and if necessary, to lodge a complaint no later than the next day after the merchandise receipt.
IX. Retention of title We retain title to the delivered goods until payment is made. Breach of contract by the customer, especially in case of default, we are entitled to withdraw after a reminder and the buyer is obliged to surrender. Enforcement of the title and the seizure of the goods delivered are with us . not constitute withdrawal from the contract, unless the provisions of the Consumer Credit Act application or this is expressly stated by us in writing when using towards merchants, a legal entity under public law or a public law special fund shall furthermore apply the following: The purchaser is entitled to delivered goods in the ordinary course of business to resell, he assigns to us all claims in the amount agreed upon between us and the customer purchase price (including VAT), which the Buyer on reselling, regardless of whether the delivered goods without or after processing be resold. To collect this receivable, the buyer is entitled after their assignment. Our authority to collect the claims ourselves remains unaffected; however, we undertake not to collect the claims as long as the customer meets his payment obligations and is not in default of payment. If this is the case, we may require that the purchaser of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and informs the debtors (third parties) of the assignment. Processing or transformation of the goods by the customer is always done for us. If the delivery items processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered goods to the other processed objects at the time of processing. If the delivery are inseparably mixed with other items not belonging, we shall acquire co-ownership of the new item in proportion to the value of the delivered goods to the other processed items. The purchaser keeps the ownership for us. The purchaser may neither pledge the delivered goods, transfer them nor security. In case of seizure, confiscation or other third party, the Buyer must notify us immediately and provide us with all information and documents that are required to protect our rights. Enforcement officers and third parties should be made to our property. We agree that the said securities to the extent release at the request of the Purchaser, as the value of their secured claims to the extent they are not yet settled, by more than 20%.
X. Liability for tort claims for damages in tort are excluded, unless the damage was caused intentionally or by gross negligence. This also applies to our actions and vicarious agents.
XI. Payment The price and the charges for ancillary services are due upon delivery of the delivery item for payment. checks and bills of exchange shall only as payment after redemption. The exchange receipt always requires a prior written agreement with us. If bills of exchange, the bank discount and collection charges are calculated. They are to be paid immediately in cash. If the customer is a merchant, a legal entity under public law or a public law special fund, the withholding of payments is due to any of us are not recognized counterclaims of the customer are not permitted, nor set-off with such.
XII . Place of performance and jurisdiction The place of performance is Chemnitz. For all disputes arising from the contractual relationship is when the customer is a merchant, a legal entity under public law or a public law special fund, to bring the action before the court, which is responsible for our headquarters . We are also entitled to sue at the customer’s headquarters.
XIII. Other transfers of rights and obligations of the purchaser under the contract concluded with us shall be effective only with our written consent. Should a provision be or become invalid, the validity of the other provisions shall remain unaffected.