General sales terms of payment and supply
1. The following conditions become by placing of order a component of all of our, also future offers, conclusions of contracts and confirmation of orders. Our conditions contradicting purchasing conditions of the buyer, are obligatory on us only if we recognized these expressly in writing. Our silence, on different phrased conditions of the buyer, is considered than refusal.
2. Orders are considered as accepted, if them us in writing confirmed, or out is led. If no written confirmation takes place, the calculation is considered as confirmation of order. We accept telegraphic or telephone orders only on danger of the buyer.
3. Our offers are not-binding and noncommittal. The forwarding of our price lists, catalogs, folders, etc. obligate us not to the supply. With mistakes in the catalog, price lists, folders, offers, calculations and other explanations, we reserve ourselves the right if necessary, rectification and additional charge, without making previous notification.
4. Data concerning delivery times are noncommittal. We are entitled to partial deliveries. Disregard of the delivery time does not give right to compensation or resignation from stands.
5. Events of higher force, which possible for us our supplier the supplies it heavy, not possibly, or only under loss make, entitled us, the contractual achievements to postpone for the time of the handicap, or from the contract complete to partly withdraw or.
6. Price adjustments without previous notification, remain reserving us. With price - or changes of currency, are brought those by day to the supply of valid prices in charge. The quotation takes place, also with foreign orders, in EURO, if no different phrased one agreement is met.
7. The dispatch happens without exception on costs and danger of the buyer. It takes place after our discretion. Forwarding instructions of the buyer are not binding for us.
8. Paper packing is not taken back by us.
9. Direct or indirect damage is not replaced. Requirements, like transformation and reduction, refunding of wages, penalties for late delivery etc. are impossible. A guarantee is void, if without agreement changes and repairs at the parts supplied by us were made. Natural wear and inappropriate treatment, are likewise excluded from the guarantee. As far as for certain parts, special terms of the warranty of the manufacturers exist, we are entitled to use these conditions even if this does not admit to the buyer is.
10. A condition for the treatment from requirements for lack is, which the parts which can be complained of make themselves valid by written letter still at the place of destination to find and objections because of incomplete or incorrect supply, as well as recognizable lack within 8 days, . The complained of parts are to be sent in us expenses-free. The buyer is not entitled to retain because of raised notice of defect, the purchase price. Rather the fulfillment of the agreed upon payment obligation is by the buyer, a condition for the treatment of the complaint. During unfounded return of articles to the credit note, we compute a handling charge of 20% of the net commodity value.
11. Our calculations are payable to the terms of payment noted on the calculations. With dispatch in the inland the payment takes place via cash on delivery or via prepayment of a Euro or a crossed cheque. In the case of supply abroad the payment takes place against a presend cheque or a prepayment by transfer. During collection the payment takes place without or by Eurocheques. Cheque payments apply only with distribution of the credit note by our introduction bank as caused. To discount deductions the buyer is not entitled.
12. If the buyer does not remove the commodity or if the supply for other reasons cannot be accomplished, we are entitled to require under release from our delivery obligations, a remuneration at height of 1/3 of the net order value.
13. The commodity is supplied under retention of title. It remains up to the complete payment our property.
14. For the entrance of written explanations, in particular, the proof of the sending off is sufficient for confirmation of orders to the buyer to us the address communicated of the buyer.
15. It applies excluding the right of the Federal Republic of Germany, also in the case of business with foreign customers or supplies abroad. All contractual agreements, also later changes or additions, require writing.
Place of delivery and area of jurisdiction is Viersen (Germany).
MH-DEZENT® Manfred Heidacker,
- copyright © 1998 MH-DEZENT® Manfred Heidacker e.K. Automotive engineering and Design -
Technical changes and price adjustments reserve. All supplies and achievements take place in accordance with our general trading conditions. Subject to technical and price changes: All deliveries and services are subject to our general terms and conditions of sale.
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