Subsequent terms apply to both merchants and companies, they also apply to our business relations with private customers. These terms and conditions apply to all our deliveries and other services (consulting services, manufacturing products).
Offer and Conclusion of Contract
a. Offers from kmb Metalltechnik GmbH are non-binding. The Purchaser is, unless he can set a different period of commitment, bound to its order at least 8 working days. The contract is concluded when the order was confirmed in writing by kmb Metalltechnik GmbH. Any divergences between the confirmation of the order, the contents of the letter of confirmation shall prevail, unless the customer objects to the deviation in writing immediately.
a. Decisive are our current delivery day prices (= Net value plus VAT at the statutory rate). In addition to costs, in particular packaging, freight, postage, insurance and delivery charges, installation, etc. will be charged separately.
Terms of payment
a. The terms of payment written in the delivery not and/or invoice are valid.
Arrears and installment
a. The customer comes with the first reminder in default. In this case kmb Metalltechnik GmbH is entitled to calculate interest in the amout of the allocation of their own borrowing costs, minimum 9 % per year. For each reminder 5 Euro will be charged. The assertion of further damage is not affected by this regulation. If for payment a time by calender is determined, the purchaser is in default without warning if he does not perform at the particular time.
Supply and delivery time, Partial deliveries
a. kmb Metalltechnik GmbH makes every effort to deliver as and to comply called delivery periods and dates. If delivery still be delayed, the purchaser may grant an extension, and withdraw after 2 weeks from the contract. Claims for damages due to delay or non-performance not exist.
Return and refund
a. From kmb Metalltechnik GmbH acquired products of the bill can be given back subject to a cancellation fee of 20% within 2 weeks upon presentation of invoice.
Dispatch and risks
a. In the case of dispatch, the risk passes to the buyer as soon kmb Metalltechnik GmbH has handed over the goods to be delivered to a carrier or to a transport company. This is also valid for partial deliveries or in the case that kmb Metalltechnik GmbH has took over other services, e.g. costs for dispatching.
Retention of title
a. All deliveries are subject to retention of title. The commodity remains until the complete payment of all the requirements property of kmb Metalltechnik GmbH.
Warranty / liability for defects
a. kmb Metalltechnik GmbH accepts subject to the following provisions guarantee that the goods supplied by him merchandise in material and workmanship are free from defects which cancel the value or the suitability of the goods for the usual or the assumed under the contract use is not insignificant, if reduce.
Compensation for damages
a. Claims for damages of any kind and for whatever reason, including from negligence of contract, breach of contract, tort and from infringement of property rights against kmb Metalltechnik GmbH, except in cases of intent or gross negligence, in the case of assurance of properties excluded. In particular, can be detected in this case claims of negligent advice or due to incorrect information provided by employees of kmb Metalltechnik GmbH. When detectable gross negligence of vicarious agents and other persons belonging to kmb Metalltechnik GmbH such compensation claims are also limited to the invoice amount of the delivered goods. The last sentence applies only in transactions with merchants.
The exchange claim does not cover the costs of removing the defective and the installation of free of defects.
Place of fulfillment and jurisdiction
a. Place of fulfillment is Vorchdorf.
a. If any provision of these Conditions or a provision under other agreements is or becomes invalid, this shall not affect the validity of the remaining provisions or agreements.
|The Terms and Conditions are valid since 01.07.2010