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Hartwig Paulsen · Anlagenbau GmbH
General Conditions of Sale, Shipping and Payment
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§ 1 Range of application and scope
The following terms are valid for all our sales transactions with allour
customers, to be precise independent of any concrete indication in particular
case for all further legal transactions. Contractual conditions of the
customer, particularly in order confirmations but also in any other
correspondence will not be accepted unless we would have expressly agreed
to them.
§ 2 Conclusion of a contract
1. Our catalogues, indications on our CR-ROM and any other product
descriptions serve as information and contain no offer in legal sense.
The inquiry is to be made by the customer. We are entitled to accept an
offer of the customer within a period of 2 weeks.
2. The contract just comes into being by our written order confirmation or
by handing over or delivery of the goods.
§ 3 Prices and terms of payment
1. We only accept payment in advance. Bills of exchange, will not be
accepted, cheques and credit cards only in case of special agreements
and confirmation of cover.
§ 4 Deliveries
1. Delivery dates and delivery times which can be arranged binding and
non-binding are to be made in writing.
2. The dispatch of the goods is only effected on the basis of special agreements
and only at the customer's risk and expense. Freight charges are
to be advanced by the customer. If delivery is delayed at the customer's
request, the risk will pass on to him with announcing of being ready to
take delivery.
3. If we are behind in our performances, the claim for compensation is
limited to 5 % of the invoice value of the performance concerned.
Should the customer, on the basis of legal conditions and on expiry of
an appropriate period of grace, claim for compensation instead of the
performance or if the performance becomes impossible for us during
the delay in delivery, the customer's claim is – in case of slight negligence
– limited to a maximum of 10 % of the agreed purchase price. This is
not valid if fixed dates have been arranged for the performance we
are responsible for. In any case we reserve the right to prove a smaller
damage, the customer reserves the right of proving a higher damage
than the flat rate.
4. All consignments are insured by us, we thus charge for every order a
participation in freight insurance of 2,50 E.
§ 5 Defects / Guarantee
1. The subject matter of the contract is exclusively the purchased item with
its features and application in accordance with the manufacturer's product
description well-known to the customer. The customer has the possibility
to see the corresponding product description before the conclusion
of the contract. Other or further features or another applicatiobn are
only regarded as agreed if they have been expressly confirmed by us in
writing.
2. The customer is obliged to inform us immediately and in writing of
detected defects. This applies also to those defects which are revealed
after a repair attempt. The customer is obliged to inform us about
defects which could not bei considered as hidden defects within 5 days
after purchase. Hidden defects have to be communicated to us within 5
days after their detection. If the customer did not inform us by expiry of
this deadline, the goods are considered as accepted free of defects.
3. The customer's claim to subsequent compliance ot the contract stipulated
in law is to answered at our choice either by subsequent delivery (substitute
delivery) or replair.
4. Customer's claims regarding material defects come under the statute of
limitations one year after the delivery of the goods to the customer.
5. Claims of the customer as regards bodily harm as well as in case of
deceitful concealing of a defect or if taking over of a warranty for the
composition or a risk of acquisition are always accepted.
6. We will accept return deliveries only after prior agreement (the customer
must request the return number), in the original packaging, with a copy
of the invoice, with the reason for the complaint, and carriage free. We
reserve the right to charge a labour cost flat rate.
§ 6 Liability
1. In all cases of breach of contractual or advance contractual terms or
of legal obligations we are only liable in case of intention or gross
negligence.
2. In case of a merely negligent breach of an obligation by us or by our
agent of vicarious liability we are only liable in case of breach or nonfulfilment
of essential duties of the contract and only on the contract typical,
foreseeable damage.
3. The liability for deceitful concealing of a defect, for taking over of the
warranty or a risk of acquisition according to the product liability law
and for bodily harms remains is always accepted.
4. The liability for delay in delivery is regulated in § 4.
5. Exluded is the personal liability of our legal representatives, agents of
vicarious and company staff for damages they caused by slight
negligence
§ 7 Concluding terms
1. The contract including terms of sale, delivery and payment is exclusively
based on and judged according to Germen right, even if the customer's
company is based in a foreign country or if it concerns an export
business.
2. Place of jurisdiction for all arguments concerning the legal relationship is
the court responsible for Karlsruhe.
3. Should single parts of the above terms be null and void, all other
conditions remain valid. The contractual parts shall give, if possible an
appropriate effective version to an invalid regulation which corresponds
to its economical purpose. |
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Impress
No part of this catalogue may be reproduced in any form or by any
means, electronic or mechanical, including photocopying, without express
permission in writing by hp. All rights are reserved under copyright laws in
respect to any and all technical data, drawings, etc, contained herein.
These service rights – patent rights in particular. The data contained herein
has been put together carefully and is, to the best of its authors´ knowledge,
accurate. No guaranty, however, is provided. hp reserves the right
to make changes in the interest of technical progress.
Pr03·06-1000·RM/TypoF |
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