General Terms and Conditions - KW Hydraulic - Tools and Pumps

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General Terms and Conditions

General terms and conditions

1       Area of applicability
1.1     For all our deliveries and services inclusive consultations and information being connected with apply only our geneal terms of sale. We do not accept the customer´s Generell terms of business. Our conditions also apply if we in knowledge of the customers conditions which conflict with or differ the delivery to the customer unreserved handle.
1.2     All conditions inclusive collateral agreements are required written to be effective.
1.3     Our customer´s datas will be saved (§§ 28 33 BDSG).
2       Offers
2.1     Our offers are subject to being sold. The order will be binding upon us if we confim it written or begin with the carrying out. Our written confirmation (resp. in case of promptly carrying out: you can see the invoice as the confirmation) fixes the order´s volume.
2.2     If the customer gives us apparatus or tools in for repair or checking we will quote the really amount of work involved in the cost estimate. The delivery and the shipment must be paid by the customer. If we have paid the freight for repairs which reached us unfranked we charge the costs to your account (with the exception of cases of guarantee).
3       Prices, terms of payment
3.1     If nothing other has been agreed the net prices ex works without freight, package, insurance and VAT which are valid on the day of the order are valid. We choose the way of dispatch to the best of our judgement if there not has been a written agreement.
3.2     We charge € 30.00 to your account for every order about less than € 100.00 amount  of goods for handling charge.
3.3     Our invoices are due to the day shown in the invoice (30 days after date of invoice).We accept cheques and orders of pay, however payment is only done when the amount is credietd to our account. We do not accept drafts. Repairs and checkings are services and are cash expenditures.These invoices are payable net within 10 days and without cash discount.
3.4     If the customer is in default of payment we are authorized to demand of you default interest about 3 % p.a. higher than the discount of the German Central Bank as well as € 30.00 for every reminder. The customer and we reserve the right in the isolated case to prove a lower or higher damage in delay.
3.5     Discounts given will be canceled, if the customer is in default of payment, has a legal or out-of-court settlement or with himhas been opened the bankrupty procedings. In these cases we are authorized the customer the discounts initially given to debit his account with and all open amounts also granted respite to become due at once.
3.6     It is only permissible to charge with our claim if the customer can charge with a legally binding claim or a claim which was expressly accepted from us. The same is used for assertion of rights kept back to amounts of our invoices.
4       Deliveries and Services
4.1     Deadlines and terms of delivery are only binding with written agreement. The delivery deadline prolongs for the period of impediment if they are caused by circumstances beyond our control, strike, lockout or other occurences which are outside our will. These is also valid if the circumstances occur at the sub-supplier. The customer will be informed immediately about beginning and end of the difficulties. If it is unacceptable to carry out the contract for us or the customer they botlh have the right to rescind the contract.To meet the delivery deadline requires that the customer comes up to the duties of the contract.
4.2     Part deliveries just in time and volume are acceptable and can be charged separately in bigger orders.
4.3     If the customer has a delay in taking the goods or he neglects his participation duties we can demand compensation of our damage including any extra costs. In this case the risk of a loss by chance or a worsening by chance devolves upon the customer at that point in time in which he comes in delay.
4.4     If the customer does not take the ordered goods despite giving extension we can without spezial proof demand compensation because non-fulfilment in size of 25 % to the value of the not taken goods additional VAT; the customer has the right to proof that there is no or only a little damage for us.
4.5     The customer is held responsibele for damage in trial deliveries or deliveries tide over during the time of repairs which was caused by improper or careless use.
4.6    The customer is according to the legal conditions entitled to the withdrawal in case of delay in delivery or impossibility through our own fault. The customer´s claims for damages because delay in delivery or non-fulfilment because delay or later impossibility are excluded apart from the fact that there is intent or gross negligence with us or at least careless breach essential duties of the contract. The responsibility because the breach essential duties of the contract is confined to the compensation of the typical  predictably damage.
5       Dispatch
5.1     The goods will be delivered or dispatched on the customer´s risk. Way and means of transport are our choice if there is nothilng other agreed. The risk goes over to the customer with giving the goods to a forwarder or a carrier at the latest with leaving our warehouse.
5.2     If there is a delay in dispatch because of the customer´s wish or fault the risk goes over to the customer beginning from the day the goods are ready for dispatch.
5.3    If the customer it wish the consigment will be insured of its costs against theft, breaking, transport, fire and water damage as well as any other insurable risks.
6       Reservation of proberty
6.1     The goods are until the completely settlement of all open damands in this business contacts our proberty. For running invoices is this reservation of proberty the securing of our balance demand.
6.2     The working and treating of the goods in reservation takes place for us without obligations. In treating, connection or mixing of our goods with other goods which do not belong to us there we are co-owner for the new thing in proportion to the value of the goods in reservation to the value of the other treated, connected or mixed goods at the time of treating, connection or mixing. If the customer becomes the sole owner for the new thing he transfers that we are already now co-owner for the new thing in proportion to the amount payable of our goods in reservation to the value of the other treated, connected or mixed goods at the time of treating, connection or mixing an keeps these with commercial care for us.
6.3     Resale of the delivered goods unimportant wether it is unprocessed or processed or connected od mixed is only retailers in the usual business routine with reservation of proberty allowedif the demand of the retail is transfered to us. Pledge or security transference is forbidden for the customer also the agreement of a transfer prohibition. The customer has immediately to inform us about actions of third or every other interference with third. Herewith the customer hands over to us all demands which he has from retail or any other legal argument concerning to goods we have delivered now or later demands he is entitled to it from its beginning in value the goods in reservation.We accept the transfer. Value of the goods in reservation is the invoice amount additional a safe-guarding extra charge of 10 % which is not charged if rights of third conflict with it. In cause of retail of our goods after treating, connection or mixing or the retail of the new thing which was developed by treating, connection or mixing the demand of the customer´s customer is transferred in the value of fthe invoice amount of our treated, connected or mixed goodsor only with the amount in wich we are co-owner if it is lawer. This is alos valid in the case of retail after our goods  has become an essential component of an other thing by connection or treating.
6.4     The customer is authorized until our retraction the demand of retail to cash. If we wish it the customer has to inform us about the debtors of the transferred demands, to give us the required informations which we need for assertion of our rights against the debtors and to hand over supports and to advise the debtors about the transfer.
6.5     If the value of securities of our demands exceeds total more than 15 % we are obliged to the release of securities by our choice if the customer it wish. The proberty for the goods in reservation and the transfered demands are handed over to the customer with the deletion of all our demands in the business contacts.
7       Guarantee
7.1     Complaints because of obvious or perceptible faults can only be considered if they are written announced immediately at the latest within eight days after delivery of goods, hidden faults within eight days after realization.
7.2     As far as there is a fault in the article which we are responsible for we are by our choice entitled to the correction of faults or a substitute delivery.
7.3     After information the customer has to give us the required time and chance for doing all repairs which are in our opinion necessary and substitute deliveries.The customer has to give us temporary workers if we wish it.
7.4     We do not grant guarantee for damage which was caused by following reasons:
- naturelle wear
- excessive use
- Use in disregard of our operating instructions
- unsuitable or improper use
- fully erection or starting up by the customer or third
- later changes by the customer or  third
- faulty or careless treating
- unsuitable fuel
7.5     If we are not prepared to the correction of faults /substitute delivery or not able to do it, there is a delay especially longer than the appropriate deadlines because of reasons which we are responsisble for or goes the correction of faults/substitute deliveries in an other way wrong the customer is entitled to claim in his choice the change (to annul) the contract or a appropriate reduction of the purchase price.
7.6     If the customer or third make without permission of the supplier before or with permission improper changes or repair works with the delivery article our liability is dropped for consequences which emerge from it.
7.7     We, our legal representatives and employees are not liable for damage which come into in the case of guarantee because a fault of subsidiary duties, because mistakes in consultation, because of a fault in conclusion of an agreement, because of an unlawful act, because the non-accidental fault of the duty in repairs or substitutes or other legal arguments and also especially if these damage is not caused in the delivery article itself except that there is intent or gross neglience with us or at least the negligent fault of the duties of the contract. The liability because gross neglience with regard to employees if they are not executive personell as well as concerning the fault essential duties of the contract without grave fault is restricted to the compensation of the contract typical predictably damage.Claims for damages because missing of promised qualities are also bared if the promise did not have the meaning to avoid typical consequential damage of faults.
8       Liability
8.1     Claims for damages, if there are not valid number 4.6 und number 7.7 against us or our legal representatives and employees especially also in damage which is not caused in the delivery article itself especially because of the fault of subsiduary duties of the contract, wrong consultation, because a fault in conclusion of an agreement and an unlawful act are bared except that there is intent or gross neglience with us or at least the neglient fault of the essential duties of the contract. The liability because gross neglience with regard to employees if they are not executive personell as well as concerning the fault essential duties of the contract without grave fault is restricted to the compensation of the typical predictably damage.
8.2     The above mentioned restrictions and exclusions of liability are not valid if we are liable according to the law of product liability or other national laws to EG-directions for product liability. These is also valid in causes of number 7.7.
9       Supplier´s right to rescind
9.1     If we become known after the conclusion of the contract for sale that the customer has been distrained without success or we get other equivalent advices to the financial ruin of the customer we can demand security for the return favour or cash in advance.
10    Place of fulfilment, legal domicile, applicable law
10.1   If we dispatch the goods to the customer our place of business is further the place of fulfilment.
10.2   Legal domicil for all quarrelling with businesspersons and persons who do not have a domestic general legal domicil also in draft and cheque actions is our place of business, in our choice also the customer´s place of business.
10.3   There is valid German right. The rules of UN-purchase law are bared. As far as stipulations which are defined in the Incoterms are agreed there are valild the Incoterms 1990 by its at the time latest version.
10.4   If one of the above mentioned rules is completely or partly ineffective it does not matter to the validity of the other rules of the contract. We see as agreed then a rule which comes economically as near as possible up to the invalid rule as far as legal.
KW Hydraulik GmbH
+49 3675 421980
Köppelsdorfer Str. 132
96515 Sonneberg
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