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| 1. |
All
consignments are going always on invoice and at risk of the consignee.
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| 2. |
Acceptance
of order takes place with reservation that a more- or less delivery up
to 10% could be made.
Quotations and estimates are free and subject to change. Explanation of
acceptance and all orders need a written confirmation of buyer to be valid.
The same goes for additions, changings or additional agreements.
Sketches, drawings, measurements or other indications are only with obligation,
if it has been agreed in written form. The dates and terms given from
the seller are without obligations, provided that there are no other written
agreements.
A written agreed delivery term starts with the date of order confirmation
by the seller, however not before total clarification of all execution
details.
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| 3. |
Dispatch
effects ex work. Other agreements need the written form.
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| 4. |
In
case that one part of delivery has any faults, this not entitled to complain
about the whole consignment. We reserve to make after improvements or substitute
deliveries of the complained part.
For outsider products or outsider components go only the guarantee regulations.
On demand we would forward the guarantee regulations. Also here should be
given the opportunity to after improvements. Further claims, especially
to change, depreciation or compensation do not exist. Claims for damages
out of impossibility of service, positive demand break, fault with completion
of contract or out of not allowed handling are impossible against us as
well as against our execution assistants, so far we not have been handled
with intent or culpable negligent.
Only the buyer is entitled to make any claims for guarantee. This could
not be ceded, which goes especially for resale. The above mentioned regulations
contain the guarantee for goods and all other claims for guarantee are not
possible.
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| 5. |
All
delivered goods keep to be our property until complete payment has been
effected. If the buyer has resold the goods delivered by us before payment,
he cedes his claims resulting thereby to us. The buyer is not entitled to
cede the claim in any other way. The goods keep to be our property as well
if they have been installed into the machine, plant etc.
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| 6. |
Forms (tools).
The price for forms contains as well the costs for one sample, but it
does not contain the costs for testing- and handling gadgets not for any
modification required by the buyer.
Costs for further samples have to be paid by the buyer. Forms are only
used for order made by the buyer, as long as the buyer fulfils his payment-
and purchase duties.
The suppliers duty for keeping the forms become void 2 years after the
last delivery of parts out of this form. The buyer will be informed before.
If it is agreed that the buyer become owner of the forms he has to pay
for them.
The handing over of forms will be replaced by the keeping duty of suppliers.
Independent of the buyers legal claim for handing over and of life of
forms, the buyer is entitled to be only owner up to the purchase of a
agreed minimum quantity and / or within a fixed time period. The supplier
has to mark the parts as outside property and to insure them on request
and to the account of buyer.
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| 7. |
Terms
of payment are 30 days net from date of invoice or 2% cash discount with
payment within 14 days.
We would accept drafts only if the buyer have been taken over the costs
for discount and other charges. Always we change the prices valid at the
delivery date of goods. Other purchase conditions from the buyer are with
obligation for us, if they have been accepted buy us.
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| 8. |
The
legal right of the Federal Republic of Germany goes for these business conditions
and the whole legal relationship between seller and buyer. As far legally
permitted, Gütersloh is the exclusive curt jurisdiction for all disputes.
In case that one of the mentioned sales conditions or regulation within
the bounds of other agreements become null, the validity of all other regulations
and agreements will not be touched.
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Heckel
- Kunststoff- und Gummitechnik - Wortstrasse 4 - 33397
Rietberg - Telefon 05244-903539 - Telefax 05244-903566
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