Terms of delivery and payment
Terms of Delivery and Payment of Kaiser Automation GmbH, Steinkampe 10, 38110 Braunschweig, Germany
The following terms and conditions in connection with the "General Conditions of Delivery for Products and Services of the Electrical Industry" (newest edition) are the contents of all sales contracts or factory delivery contracts concluded with us. This also applies if we do not explicitly refer to them in subsequent contracts.
The general terms and conditions of purchase of the customer do not apply to us. By placing an order and confirming our order, our terms and conditions shall be deemed to be recognized, even if the customer is a merchant within the meaning of HGB.
Purchasing terms and conditions of the customer are hereby expressly contradicted. They do not oblige us even if we do not contradict them at their receipt once again. At the latest upon receipt of our goods, our delivery and payment conditions shall be deemed accepted.
Conclusions and other agreements - especially insofar as they amend these terms - will only be binding on us through our written confirmation. Our offers are always subject to change.
The prices of our lists, printouts and offers are ex works, exclusively packaging, transportation costs, insurance costs and customs. Prices are increased by the respective statutory VAT. The prices are subject to change, the contract will not be concluded until our order confirmation or the execution of the order. Price and cost changes of any kind entitle us to a price correction. This also applies to orders already confirmed. Orders by telephone, fax or oral orders, supplements, modifications etc. to their effectiveness require written confirmation by us, furthermore all ancillary agreements need written form.
If the buyer withdraws from the contract or refuses to fulfil the contract, the buyer is obliged to pay 30% of the gross contract value as a lump sum compensation unless he proves that a damage has not occurred or not occurred in this amount.
Claims for damage exceeding 30% are reserved. This provision applies to all cases in which we are entitled to claim damages for non-fulfilment.
3. Special products, service
Special products cannot be withdrawn. Services are available at our service fees - see sep. Pricelist with charge.
Deliveries are made at the customer's own risk and at the buyer's expense ex works only packaging. The choice of transport route (carrier, parcel service, mail, etc.==References== If we are in delay with a delivery, a grace period within the meaning of § 326 BGB, the duration of which is at least 2 weeks, will be charged. The delivery time is respected if the delivery item has left the factory or the readiness for shipment has been communicated before its expiry. The customer is obliged to declare, at the request of the supplier, whether he withdraws from the contract due to the supplier's delay or insists on delivery. We are entitled to partial deliveries. Special circumstances such as operational disturbances, raw material difficulties, war, seizure, strikes, lockouts, shipping difficulties as well as any higher violence free us from the contract, whereby any liability for damages is excluded on our part, as far as is legally permissible.
In case of return we reserve the right to take back. It depends on whether we can return the goods to the respective manufacturer. ==References====External links== Processing fees. ==References====External links==*Official website can be communicated on request. Otherwise we charge the respective packages.
Payment must be made within 30 days from the date of invoice, if specified in the offer or invoice. ==References====External links==*Official website Installation and repair work or services are payable immediately after receipt of invoice without any deductions.
Decisive for the contractual state of our delivery is the date of delivery of the goods to the freight forwarder or freight forwarder, at the latest the date of departure of the plant or warehouse, also in case of freight-free delivery.
Complaints from a part of the delivery do not entitle you to object to the entire delivery. In case of justified complaints, after our choice, we will make improvement, replacement delivery or replacement of the lower value. In the event of failure to improve or replace the delivery, the customer is entitled to reduce or change.
All claims for damages against us and our performance assistants are excluded, to the extent permitted by law, regardless of whether they are based on claims under contract, contract-like or legal debt, in particular on claims of default, subsequent impossibility, positive breach of contract, Indebtedness at conclusion of contract or unauthorized action.
The customer is obliged to examine the goods carefully immediately after delivery and to notify us of defects or deviations in writing immediately. If there is later a defect or a deviation in quantity which was not recognizable in the investigation according to the preceding determination, the notice must be made immediately in writing after the discovery. The goods are also valid in view of this deficiency. of the deviation as approved. The consignee is obliged to accept shipments which show defects or defects in delivery only subject to reservation and to have the delivery carrier's complaint certified accordingly on the consignment note.
7. Reservation of ownership
All delivered goods remain until all claims from the entire business relationship have been fulfilled - including: the current account balance - our property. The goods may only be resold or processed in the proper course of business. If it is resold or processed, the resulting purchase price demand is to the extent of our total demand at the time of its creation. The buyer is already handing over this future purchase price claim to us. We are free to inform the third party of this agreement. The buyer explicitly undertakes to disclose immediately, upon request, written documents concerning the type and amount of this claim. If the value of the security given to us exceeds the requirement by more than 20%, we are obliged to transfer it back to you at the buyer's request.
The buyer is obliged to contact us if possible. to notify us immediately of any seizure and impairment of our property. The costs of prosecution resulting from this shall be borne by the buyer. The goods delivered subject to retention of title shall be stored at the buyer's expense and risk. If the buyer is in full or in part with the payment in arrears, we are entitled to demand immediate return of the goods without warning. In the meantime, a reduction in value is at the buyer's expense.
8. Place of performance and place of jurisdiction
Place of fulfilment for all obligations under a delivery contract is Im Steinkampe 10, 38110 Braunschweig, Germany. All disputes arising out of the delivery relationship with full merchants or with public-law agencies, in particular those arising from exchange or cheque, shall be decided in the exclusive jurisdiction of the place of performance.
Should any of the above provisions be ineffective, the validity of the remaining conditions shall not be affected. The Contracting Parties shall be obliged to replace an invalid provision with a new provision as close to the meaning and purpose of the invalid provision as possible. Technical changes are reserved for all products.
