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Karcoma-Armaturen GmbH
General sale and delivery terms
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Karcoma-Armaturen GmbH general sale and delivery terms
The following terms and conditions apply to any and all offers and deliveries made by Karcoma-Armaturen GmbH. By awarding a contract, conditions and terms are binding for the customer. Even though they are not specifically referred to in each individual order, terms and conditions remain valid and without deviation during the entire contract. General business conditions of the customer are not subject to this contract, even if we did not state any explicit contradiction.
1. Delivery terms:
a) Subsequently to assigned confirmation, all orders are binding for the customer. Confirmation and/or delivery note apply to the contents of the order exclusively.
b) To be effective, order supplements require our written confirmation.
c) Our offers are subject to change without notice, samples and patterns are obligatory.
2. Pricing:
a) All prices are except packing and other expenses plus VAT(taxes) within the respective legal amount. The charge for packing is actual cost.
b) According to agreement, the cost of the product may be adjusted to compensate any possible price increase of materials and labor for any delivery of product(s) as the 4 months of the expected contract completion.
3. Delivery:
a) Our delivery date is estimated to the best of our judgement but without any guarantee. Customer's cancellation or compensation claims can not be based on delivery delays.
b) Stipulated delivery dates are based on the shipping date of the products within optimum compliance. In case the delivery date is exceeded and after an appropriate period of grace, the customer is authorized to cancel the unperformed part of the contract.
c) Without exception products are shipped to buyer/consignee at his own risk. We assume no liability for damages or losses incurred during transportation. Insurance coverage may be issued to customer upon request and at their expense.
d) Deliveries with deviations referring to measurements of quality, quantity, weight, and surface state are admissible within any market - related tolerance and margin error.
e) In some orders we reserve the right that the error of quantity shipped is within a 10% range (custom-made articles may be in the range of 20%).
f) In general, deliveries are made according to an order amount value of € 255,- as a minimum. For any orders below this amount we have to bill a surcharge in the amount of the respective difference.
4. Reservation of seller's rights.
a) All delivered articles remain our property until the customer has settled all accounts of this contract.
b) Customer is authorized to properly resell the delivered products. Any modification of a product relinquishes Karcoma of any warranty or liability of that original product. In case of reselling a modified product, the delivered products are solely the responsibility of the reseller. This title including the total amount of our claim is considered as relinquishing all rights to us. Until revocation of our consent, the buyer is authorized to collect any claims. If this provision of security exceeds 25% or more of our claim., we then release, per our option, the respective amount at buyer's request and at his expense.
c) Should buyer modify products which are still our property, it is per mutual consent that this work process is completed on our behalf and therefore, we are the owner of this new product.
d) After completion of contract, should there be any circumstances revealing that there are well-founded doubts referring to the credit rating of the buyer, or should fulfillment of his obligation be delayed, we are authorized to ensure that articles owned or co-owned by us are recovered and to request full payment of our claim, without hereby affecting our above mentioned rights.
e) If third parties have access to articles owned or co-owned by us or to any of our legal claims, especially in case of seizure, the buyer has to immediately inform third parties as well as law enforcement officials and to then present proof of our ownership or co-ownership of the articles. In addition, the buyer has to immediately brief us and to also render his utmost assistance in order to assert our rights.
f) Transfer of ownership by way of security, pawning, or similar transfers of articles owned or co-owned by us to third parties are not authorized.
5. Claims or identification:
a) Claims based on defective or incomplete shipments have to be filed immediately. Claims will not be accepted later than two weeks after receipt of goods and prior to their processing; failing to meet this deadline indicates that articles and performance are correct and faultless.
b) Otherwise, there is a 6 month obligation warranty. Claims from earlier shipments can no longer be honored.
c) Based on our review and acceptance of a properly filed and valid warranty claim, we are obliged to replace the defected products or credit the respective amount.
d) This deficiency claim only warrants justified and proven claims and does not affect buyer's purchase commitment concerning the remaining contracted shipping quantity.
6. Terms of Payment:
a) Our prices are in €.
b) Bills are due for net payment within 30 days after issue. For payments made within 14 days we grant 2% cash discount.
c) In case buyer exceeds the agreed pay period by more than a month, all additional claims demanded by seller are due immediately.
d) In case of any unexpected circumstances jeopardizing our claims, we reserve the right to request advance payment, security deposit or to cancel the contract. Any arrangements with the buyer concerning special terms of payment, allowances or other gratuities shall become invalid in case of buyer's delay in payment, his cessation of payment, or his protesting a check/bill.
7. Forum:
a) Any actions in connection with shipment and payment covered hereunder shall be brought in the local court in or otherwise having jurisdiction over Böblingen County in the State of Baden-Württemberg.
b) The right of all parties hereunder and the construction of every provision hereof shall be governed by the Laws of the Federal Republic of Germany.
Issued March 2002
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