General accessories Power cable/construction site lead 72 Part no. Extension cable, 16 amps, 230 V 3 x 2.5 mm 2 , 20 m 212 960.006 Construction site lead with CEE plug, 16 amps, 10 m, 5 x 2.5 mm 2 211 457.002 Construction site lead with CEE plug, 16 amps, 25 m, 5 x 2.5 mm 2 214 592.003 Construction site lead with CEE plug, 32 amps, 50 m, 5 x 2.5 mm 2 062 921.004 Construction site lead with CEE plug, 32 amps, 25 m, 5 x 4 mm 2 062 922.003 Construction site lead with CEE plug, 32 amps, 50 m, 5 x 4 mm 2 062 923.002 Cable drum Part no. Cable drum with 40 m of 230 V cable and 4x 230 V sockets 463 811 Cable drum with 25 m 380 V cable and 4x 230 V sockets, fuse for every two sockets, 16 amps 482 853 Main power cable Main power cable, 230 V, 5 m (406 S) Part no. 470 368 Main plug, 230 V 470 370 Distributor Distributor, 380 V, 32 amp supply voltage and power socket, 380 V, 16 amps and 4x 230 V sockets Part no. 463 819
Conditions of sale and delivery (Last updated in January 2002) I. Scope 1. The following conditions shall apply to all deliveries and services, regardless of whether these deliveries and services relate to an individual purchase or works order or to a contractual relationship. 2. Purchasing conditions and other commercial requirements of the purchaser shall not apply, even if the supplier has not clearly rejected these conditions. II. Contract conclusions and alterations, assignment 1. The documents pertaining to the offer (e.g. pictures, drawings) and also information relating to the products supplied, appearance, services, dimensions, weights, fuel-consumption, operating costs, etc. shall only be decisive in that they are not expressly designated as binding. The supplier reserves the property rights and copyright for cost calculations, drawings and other documents. These must not be made accessible to third parties and must be returned upon request. 2. The contract is concluded when the supplier confirms acceptance of the order in writing or the supplier has already commenced the delivery or the service. If the supplier has indicated a delivery date for the offer, the contract is confirmed when the ordering party confirms acceptance of the offer promptly. 3. Verbal subsidiary agreements when concluding a contract or changing the contract shall require written confirmation from the supplier in order to become effective. Obvious spelling or calculation errors can be corrected at a later stage. 4. The purchaser is not authorized to transfer their rights from this contract. III. Prices 1. The prices shall apply ex works including loading in the factory, but excluding packaging, and plus the legal VAT in accordance with the respective conditions in force in the country in which the supplier will deliver or provide the service. If the method for crediting the supplier has not been confirmed, the prices valid on the day of delivery shall be binding. 2. The prices of engineering work, assembling and putting into service shall be calculated separately. The invoicing can be in the form of a lump sum or a reflection of actual expenditure plus travel costs, living and accommodation costs, overtime, Sunday and Bank Holiday entitlements. 3. Price alterations are permitted if more than 6 months elapse between the date the contract was concluded and the agreed date of delivery. The supplier is entitled to adapt the price in such a way that the new price has the same relationship with the price originally agreed, as the price for delivery and service in accordance with the price list applicable on the day of delivery with the price for delivery in accordance with the price list applicable on the day the contract was concluded. With regard to other deliveries and services not featured in a price list, the supplier is entitled to adapt the price appropriately, in response to circumstances. 4. If the prices contain costs or fees and these increase after the contract has been concluded or if they become applicable after the contract has been concluded, the supplier is entitled to charge the additional costs to the purchaser. 5. If the supplier is willing to exchange upon the supplier’s request, the supplier is entitled to forward the ensuing costs, or at least the sum totalling an extra 10 % of the original price - as a result of a fall in value associated with ageing and use - of the object originally to be delivered as a compensatory payment for the expenditure incurred by the supplier when exchanging the object. The above-mentioned cost totals cannot be demanded by the supplier if the purchaser proves that the supplier has incurred either no expenditure or minimal expenditure. IV. Payment, delayed payment, offsetting, withholding payment 1. If no contrary arrangement has been made, deliveries of machines must be paid for within 7 days of delivery, spare parts within 30 days and services within 14 days of the invoicing date, without delaying. 2. All payment demands - even those for work hours or other payment issues - shall be due immediately, as soon as the purchaser delays for more than 5 days in fulfilling even just a part of his commitment to the supplier or if circumstances occur which significantly decrease the credit status of the purchaser (e.g. capital losses, payment adjustment, over-indebtedness, exchange rate and cheque bounces, filing for insolvency or declaring or rejecting the status of insolvency). In this case, the supplier may refuse further deliveries and services and demand the adoption of suitable safety measures. 3. Payments involving a currency exchange require a specific arrangement. Foreign currency and checks are only accepted for payments. Collection and discount charges shall be borne by the purchaser. No discount is guaranteed for bills of exchange and superfluous payments, even if a discount had already been arranged. 4. The purchaser may only countercharge the supplier if he has a legal or uncontested right to do so. The purchaser is only entitled to withdraw if his counterclaim relates to the same contractual relationship and has an uncontested or legal basis, or if the supplier has severely breached his duties from the same contractual relationship. The right of the purchaser to withhold an appropriate section of the purchase price due to shortcomings in the service received shall remain unaffected. 5. If the purchaser enters into arrears, the supplier’s charges shall be charged at 8 % interest over and above the basic interest rate. The supplier’s right to have further damage replaced remains unaffected. 6. If the purchaser should incur a deterioration in wealth as described in section IV. 2, the supplier may withdraw from the contract. Further legal claims from the supplier - such as compensation - shall remain unaffected. Claims from compensation from the purchaser are excluded. 7 If <strong>Putzmeister</strong> accepts payment for a used machine, the following shall apply: a) The contracting partner is obliged within 2 weeks of <strong>Putzmeister</strong> receiving the machine to submit the original documents required relating to using and operating the machine as road traffic. b) If the original papers are not submitted to us on time, we are entitled to issue a reminder to the partner and also to impose a time limit of 2 weeks for submitting the documents with the declaration that after this date has expired <strong>Putzmeister</strong> will refuse to accept the papers and also to pay for the used machine. c) If this deadline expires the other contract partner shall owe us the invoice amount for the used machine and also a compensatory sum of EUR 250,00 for the expenditure incurred, in addition to VAT. The partner is entitled to prove that the expenditure did not occur or that it was considerably lower than the sum given. The used machine shall be returned to us at our company headquarters. V. Delivery time, partial delivery, delayed acceptance 1. Supplier and assembly deadlines do not begin until the supplier and the purchaser have agreed upon all the details to be carried out and all the conditions of the transaction and not before the supplier has confirmed the order. They will remain inactive in so far as the purchaser is behind in the fulfilling of their obligations from this contract (e.g. providing documents, providing materials, approvals, releases) or in the payment that had been arranged. 2. The delivery time shall be respected if the object to be delivered has left the factory by the time that the date is due, or the company has notified the partner of their intention to despatch the object. 3. The delivery time shall be extended in the event of extreme force, strikes, sieges and other extraordinary and unexpected circumstances, even if a pre-supplier is affected, provided that these circumstances can be proved to have affected the delivery time. 4. If the supplier’s delivery is delayed, the supplier shall not be considered to be in arrears provided that this is due to circumstances that could not be foreseen and prevented by inexpensive and expected cautionary measures and could not be overcome with appropriate measures. 5. The supplier is entitled to withhold the delivery if the ordering party does not fulfil his obligations towards the supplier resulting from this or from another contract or from another legal cause. 6. Partial deliveries are permitted if acceptable for the purchaser. They shall count as independent transactions, which shall be calculated separately. 73 Conditions of sale and delivery 7. If the payment conditions are not satisfied, the delivery is not received on time or is refused or if, in accordance with item IV. 2, safety measures arranged or which become due are not put into place, the supplier is entitled to withdraw from the contract and to demand compensation if a deadline imposed is not fulfilled. The supplier can demand from the purchaser without proof 25 % of the cost for series products and 75 % of individually produced orders as compensation, as long as the purchaser does not prove that either no expenditure or very minimal expenditure was incurred. Further claims for higher levels of damage proven remain unaffected. 8. If the despatch is delayed on the part of the purchaser, the supplier can either charge the actual storage and maintenance costs or a lump sum amounting to 1 ⁄2 % of the invoice amount per month; however, he may not do this if the purchaser proves that the supplier incurred no or very little damage or expenditure. The payment obligations of the purchaser remain unaffected. VI. Risk bearing, despatching and receiving 1. The risk is transferred at the latest when the object to be delivered is sent to the purchaser. This also applies to partial deliveries or when the supplier has taken over the costs of the consignment or the assembly or has undertaken to convey it himself. No liability shall be accepted for cost-effective freight transport methods or transport lead times. 2. If the delivery, the despatch or the acceptance of the item to be delivered are delayed by the purchaser through no fault of the supplier, all risks including the risk of deterioration or decline of the item to be delivered and also all risks related to the item itself shall be transferred to the purchaser - once readiness to despatch or notification of completion has been communicated to the purchaser. 3. On written request, the consignment can be insured to the amount required at the expense of the purchaser. 4. The purchaser shall be liable for all damage caused by him during or after reception of the item delivered (e.g. during testing or during acceptance procedures). 5. Items delivered must be received by the purchaser, even if they display shortcomings. VII. Notification of defects, warranties, periods of warranty 1. The purchaser must inspect the item delivered immediately after receiving it and notify the supplier of any defects in writing and without delay. The purchaser must also check that the item delivered has no faults before each time that it is put into service and in particular, ensure that it is safe and can be used. The item delivered must be constantly monitored for safety and for faults whilst in operation. Even if the reservations regarding usability or safety are only minimal, the item must not be used or must be switched off immediately. The supplier must be informed in writing immediately in the form of a quality complaint which refers to the reservations or the faults in question. The purchaser must provide the supplier with the time and opportunity with which to carry out the necessary improvements and replacement delivery. If not, the supplier will no longer be liable for the consequences. 2. If there are shortcomings in the supplier’s transfer of risks, the supplier can rectify this after deciding whether to repair the fault or to deliver a new item containing no defects in exchange for the faulty item delivered. All replacement items are the property of the supplier. If a shortcoming for which the supplier is responsible cannot be rectified, if the rectification is faulty and cannot be corrected or if it is implausible for the purchaser or if the vendor has refused both types of rectification, or if a deadline imposed on the supplier for the purpose of rectifying the fault has expired, the purchaser may decline to credit the supplier or choose to withdraw from the contract. If the fault is only minimal, the purchaser still has a right to reduce the credit to the supplier. 3. If the supplier maliciously conceals a fault on the item or takes over the warranty for the quality of the item, the legal regulations shall apply. 4. If the purchaser or a third party rectifies the fault independently, this will result in the loss of all quality claims against the supplier. The costs of the rectification carried out by the purchaser or a third party without prior express agreement from the supplier shall not be borne by the supplier. This rule shall not apply in urgent or, in particular, irreparable cases where operational safety is jeopardized or where disproportionately large damage must be prevented. In such cases, the supplier’s agreement must be sought immediately and the supplier must commit to refunding necessary costs only. 5. The supplier shall not pay any warranty or take on any obligation for the damage, particularly in the following cases: unsuitable or unprofessional use of the item, incorrect assembly or placing into service of the item by the purchaser or a third party, natural wear and tear, incorrect or careless treatment of the item, improper maintenance, excessive use of or stress on the item, the use of unsuitable operating equipment and unsuitable alternative materials, deficient works, unsuitable building ground, chemical, electrotechnical/electronic or electrical influences. This exclusion shall not apply, however, if the damages are the responsibility of the supplier because the correspond more closely to the rules in section VIII. item. 5. The supplier shall also incur no liability or obligation for the following measures and actions carried out by the purchaser or a third party and for the consequences of this: unprofessionally executed rectification, modification of the item delivered without prior agreement from the supplier, adding and installing further components, particularly spare parts, which did not originate from the supplier or which were approved expressly for the assembly and also failure to comply with the operating and user instructions. 6. The supplier shall not pay any warranties if the item was produced with the purchaser’s materials or from specifications or designs produced by the purchaser. 7. When selling used machines, appliances or components, the supplier shall not pay any warranties resulting from any faults on the item. The supplier shall not make promises relating to any features and shall indicate that used machines and also many used components cannot deliver the same usability or provide the same features as newly produced machines and parts. 8. The purchaser’s requests for rectification and also the claims communicated to the purchaser with regard to damages or refunded expenditure due to faults shall expire one year after delivery of the goods, and if the fault becomes apparent during assembly, one year after the end of the assembly work. If the reception or acceptance of the delivery and the service is delayed through no fault of the supplier, the warranty shall expire at the latest 12 months after completion. The same also applies to subsequent rectification. If the supplier maliciously conceals the fault or claims warranties relating to the composition of the item, the claims from the purchaser shall be subject to the legal regulations with regard to time-barring of claims. The legal regulations also apply for the ageing of any claims for damages from the purchaser due to faults, when the supplier has been grossly or intentionally negligent or if the claim for damages relates to a death to a physical injury, or to damage to health. 9. All remaining claims from the purchaser, particularly those relating to damages and also to damage which has not been caused to the item itself are excluded from the above. Item VIII. 5. applies accordingly.
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