plasma 30 - JÄCKLE Schweiß

general terms and conditions
GENERAL TERMS AND CONDITIONS (T&C)
orderer may be charged, for every additional month commenced, storage
costs of 0.5% of the price of the items of the supplies, but in no case more
than a total of 5%. The parties to the contract may prove that higher or, as
the case may be, lower storage costs have been incurred.
7. The supplier is authorised to make partial deliveries insofar as these are
reasonable to the orderer.
V. PASSING OF RISK
1. Even where delivery has been agreed freight free, the risk shall pass to the
orderer, if the fully operational consignment has been dispatched or collected.
Packaging and dispatch are undertaken by the supplier with the utmost care
and judgment. At the orderer’s wish and expense, the dispatch will be insured
by the supplier against breakage, transport and fire losses.
2. The risk shall pass to the orderer if dispatch, delivery, the start or performance
of assembly or erection, the taking over in the orderer’s own works,
or the trial run is delayed for reasons for which the orderer is responsible or
if the orderer has otherwise failed to accept the supplies.
VI. GUARANTEE
The supplier is responsible for shortcomings, including the lack of assured
characteristics, in the following way:
1. The supplier will repair, supply again or repeat free of charge all parts or
services rendered useless or seriously affected within the period of limitation -
regardless of operating times - calculated from the time the risk is recognised,
insofar as these relate to a circumstance prior to the passing of risk and in
particular relating to defective construction, poor materials, or faulty execution.
The supplier must be notified in writing immediately in the event of
the identification of such shortcomings. Shortcomings of this type always
expire in 12 months.
2. The orderer must meet the contractual obligations set out above, in
particular, those regarding the terms of payment. If a notification of defects
can be made valid, payments from the orderer may be held back at a level
appropriate to the defect discovered. If the contract belongs to the operation
of their commercial enterprise, the orderer is only permitted to hold back
payments, if a notification of defects is made for which validity is not in doubt.
3. The orderer must offer the supplier at least two opportunities to eliminate
the defect within an appropriate period of time, unless the problem, shortcoming,
or other circumstances force a different course of action. If the
orderer does not permit this, the supplier is freed of their obligation.
4. Claims from the orderer related to the necessary costs incurred in the
process of fulfilling the requirements, in particular, transportation, labour
costs, and material costs are excluded if these costs are incurred because
the Object of the subsequent delivery has subsequently been moved to
another location other than the subsidiary of the orderer, unless this movement
corresponds to the proper use of the object.
5. If the elimination of the defect is not successful, the orderer - irrespective
of any damage claims in accordance with Article VIII - may withdraw from
the contract or reduce payment.
6. The repair of deficiencies does not apply to minor discrepancies in the
agreed character, nor to minor deficiencies in use, to natural wear and tear
or damages that occur after the passing of risk as a result of incorrect or
careless use, extreme use, unsuitable equipment, or as a result of external
influences such as chemical, electro-chemical or electrical processes, that
are not prerequisites of the contract and software errors that cannot be
reproduced. If inappropriate changes, treatment or maintenance have been
implemented by the orderer or a third party, no damages can be claimed for
these or for any defects resulting as a consequence of these actions.
7. The right of recourse to the supplier of the orderer in accordance with
§§ 478 ff of German Law is not permitted. The compensation for any right
of recourse of the orderer was already taken into account during pricing.
The parties consider this compensation as a flat rate discount as appropriate.
8. Additional or other claims of the orderer to the supplier and their agents
that are not set out in Article IV , are not permitted, in particular claims
referring to reparation of damages that occurs to objects other than the
goods supplied. This does not apply if compelled liable under Article VIII.
9. Numbers 1 through 8 apply to claims of the orderer for reparation,
replacement delivery or damages that occurred as a result of suggestions
of consultations carried out within the framework of the contract or the
breach of secondary contractual obligations.
info@jaeckle-sst.de
VII. IMPOSSIBILITY OF PERFORMANCE; ADAPTATION OF CONTRACT
1. To the extent that delivery is impossible, the orderer is entitled to claim
damages, unless the supplier is not responsible for the impossibility. The
orderer’s claim for damages is, however, limited to an amount of 10% of the
value of the part of the supplies which, owing to the impossibility, cannot be
put to the intended use. This limitation shall not apply in the case of
mandatory liability based on intent, gross negligence or loss of life, bodily
injury or damage to health; this does not imply a change in the burden of
proof to the detriment of the orderer. The orderer’s right to rescind the
contract shall be unaffected.
2. Where unforeseeable events within the meaning of Article IV No. 2 substantially
change the economic importance or the contents of the supplies
or considerably affect the supplier’s business, the contract shall be adapted
taking into account the principles of reasonableness and good faith. To the
extent this is not justifiable for economic reasons, the supplier shall have the
right to rescind the contract. If the supplier intends to exercise its right to
rescind the contract, it shall notify the orderer thereof without undue delay
after having realized the repercussions of the event; this shall also apply even
where an extension of the delivery period has previously been agreed with
the orderer.
VIII. LIABILITY
1. The orderer has no claim for damages based on whatever legal reason,
including infringement of duties arising in connection with the contract or tort.
2. The above shall not apply in the case of mandatory liability, e. g. under the
German Product Liability Act („Produkthaftungsgesetz“), in the case of intent,
gross negligence, loss of life, bodily injury or damage to health, or breach of
a condition which goes to the root of the contract („wesentliche Vertragspflichten“).
However, claims for damages arising from a breach of a condition
which goes to the root of the contract shall be limited to the foreseeable
damage which is intrinsic to the contract, unless caused by intent or gross
negligence or based on liability for loss of life, bodily injury or damage to
health. The above provision does not imply a change in the burden of proof
to the detriment of the orderer.
3. To the extent that the orderer has a claim for damages, it shall be timebarred
upon expiration of the statute of limitations pursuant to Article VI No. 1.
The same shall apply to the orderer’s claims in connection with actions
undertaken to avoid any damage (e. g. callback). In the case of claims for
damages under the German Product Liability Act, the statutory statute of
limitations shall apply.
IX. JURISDICTION AND APPLICABLE LAW
1. If the orderer is a businessman, sole place of jurisdiction for all disputes
arising directly or indirectly out of the contract shall be the supplier’s place
of business. However, the supplier may also bring an action at the orderer’s
place of business.
2. Legal relations existing in connection with this contract shall be governed
by German substantive law, to the exclusion of the United Nations
Convention on contracts for the International Sale of Goods (CISG).
X. LEGAL VALIDITY OF THE CONTRACT
The contract remains valid in its other constituent parts even if individual
points are legally invalid. This does not apply if adhering to the contract
would constitute unacceptable hardship for one of the parties.
PRODOTTI 2010 | PRODUCT RANGE 2010 83