Brilliant Brighton G30619/73 User Manual
Product codes
G30619/73
General Sales and Delivery Terms
Section 1 General Scope / Offers
1. Our sales and delivery terms shall be exclusively applicable; terms to the contrary
or terms deviating from those of the purchaser will not be recognized by us,
unless we have expressly agreed to their validity in writing. Our sales and delivery
terms shall also be applicable if aware of terms to the contrary or terms deviating
from purchaser’s terms we will without any proviso carry out the delivery to the
purchaser. An assignment ban in the Buyer’s conditions is expressly refuted.
unless we have expressly agreed to their validity in writing. Our sales and delivery
terms shall also be applicable if aware of terms to the contrary or terms deviating
from purchaser’s terms we will without any proviso carry out the delivery to the
purchaser. An assignment ban in the Buyer’s conditions is expressly refuted.
2. Any agreements entered into between us and the purchaser with the intention
of implementing the contract, will have to be defined in writing.
3. Our purchasing and delivery terms shall also be applicable to all future trans-
actions with the purchaser.
4. Our offers are net and free. Contracts will be entered into upon receipt of our
written order confirmation, latest when the goods have been delivered. We can
accept orders within four weeks.
accept orders within four weeks.
Section II Prices, Freight Charges/ Payment Terms
1. Prices are net plus German value added tax (V.A.T.) and freight charges ex works
or ex warehouse, unless anything else has been expressly specified in writing.
For orders exceeding a net goods value of Euro 750.- (DM 1.466.87), Brilliant
will not charge any freight expenses. In case of a net goods value of Euro 750.-
(DM 1.466.87) or less, Brilliant will charge a global freight rate of 7% of the goods
net value for domestic deliveries, however at least Euro 12.50 (DM 24.45).
For orders exceeding a net goods value of Euro 750.- (DM 1.466.87), Brilliant
will not charge any freight expenses. In case of a net goods value of Euro 750.-
(DM 1.466.87) or less, Brilliant will charge a global freight rate of 7% of the goods
net value for domestic deliveries, however at least Euro 12.50 (DM 24.45).
2. Payment of the purchase price shall take place within the agreed term, with a
discount of 3% within ten days after receipt of invoice or net within 30 days,
unless agreed differently.
unless agreed differently.
3. Bills (promissory notes), and checks will be accepted by us only upon prior
agreement and provided they can be taken on discount. All discount fees shall
be debited to the customer and have to remunerated to us at once. Bill or check
amounts will be credited only upon definite receipt of the equivalent amount.
be debited to the customer and have to remunerated to us at once. Bill or check
amounts will be credited only upon definite receipt of the equivalent amount.
4. If payments are overdue, we shall be entitled to charge 8% interest for delay
above the respective to as set out in § 247 of the German Civil Code. If we are
able to claim a higher delay damage, we shall be entitled to assert it. Purchasers
on the other hand shall be entitled to provide evidence that due to such pay-
ment delays we have either not been suffering any damage or to a much lesser
extent.
able to claim a higher delay damage, we shall be entitled to assert it. Purchasers
on the other hand shall be entitled to provide evidence that due to such pay-
ment delays we have either not been suffering any damage or to a much lesser
extent.
5. If the purchaser will not pay its money when due or if a serious deteriorati-
on in its financial position has been incurred, we shall be entitled to make
payable the entire remaining amount due, even though we already have ac-
cepted bills or checks from the purchaser. In such particular circumstances
we shall be entitled to ask for prepayments or securities and to refuse fulfill-
ment of our obligations until we have received such prepayments or securities.
If such requests will not have been fulfilled within the suitable period specified
by us, we shall be justified to withdraw from the contract and/or to claim
damages because of non-performance. In case of cessation of payments or
over-indebtedness, an additional period of time will not be granted.
payable the entire remaining amount due, even though we already have ac-
cepted bills or checks from the purchaser. In such particular circumstances
we shall be entitled to ask for prepayments or securities and to refuse fulfill-
ment of our obligations until we have received such prepayments or securities.
If such requests will not have been fulfilled within the suitable period specified
by us, we shall be justified to withdraw from the contract and/or to claim
damages because of non-performance. In case of cessation of payments or
over-indebtedness, an additional period of time will not be granted.
6. We shall be entitled to set off all purchaser’s outstanding accounts payable to
us against our outstanding accounts payable to purchaser. A set off shall be
permissible even if payment of such accounts is not yet due. The purchaser’s
setting off rights will be acceptable only if its counterclaims have been asserted
to be legal, undisputed, and approved by us. For any disputed counterclaims,
purchaser shall be not able to assert any right of retention.
permissible even if payment of such accounts is not yet due. The purchaser’s
setting off rights will be acceptable only if its counterclaims have been asserted
to be legal, undisputed, and approved by us. For any disputed counterclaims,
purchaser shall be not able to assert any right of retention.
7. In the case of a delay with more than one liability, the complete claim against
the Buyer is immediately due for payment.
8. Our claims have been relinquished in favour of the Deutsche Factoring Bank,
Bremen.
Section III. Reservation of Proprietary Rights
1. All produce supplied shall remain our sole property until all outstanding ac-
counts payable to us (including any surplus outstanding accounts – even not
yet accepted ones – any current account surplus claims) which we are entitled
to against the purchaser for any legal reason have been paid.
yet accepted ones – any current account surplus claims) which we are entitled
to against the purchaser for any legal reason have been paid.
If for exceptional reasons the purchaser receives from us an acceptor’s bill, this
reservation of proprietary rights shall secure our claims under our right of recourse
against the purchaser in case of any recourse based on the bill.
against the purchaser in case of any recourse based on the bill.
2. Processing, converting and incorporating with other products shall be carried
out for us as the manufacturer, yet without any risk on our part. If due to incor-
poration, our (co) ownership shall cease , it shall be agreed even now, that the
(co) ownership in the new product shall devolve to us on the pro rata basis of
its invoice value of our product to the other products at the time of processing.
Purchaser shall hold our (co) property in trust for us free of charge. Any products
in which we have a co-ownership, shall be termed ‘reserved goods’.
poration, our (co) ownership shall cease , it shall be agreed even now, that the
(co) ownership in the new product shall devolve to us on the pro rata basis of
its invoice value of our product to the other products at the time of processing.
Purchaser shall hold our (co) property in trust for us free of charge. Any products
in which we have a co-ownership, shall be termed ‘reserved goods’.
3. Purchaser shall be entitled to process and sell the reserved goods in the ordi-
nary course of business, in as much as the purchaser discharges its business
relationship obligations towards us in due time. Any authorization to trans-
fer the sale to any third parties shall be excluded if between the purchaser
of the reserved goods and its clients a covenant against assignment is in
existence. The purchaser shall not be entitled to pawn the reserved goods,
nor pledge them as collateral security. Purchaser shall assign to us even
now by way of collateral security any outstanding accounts (including any
current account debit balances) and rights in the sale goods or in any other
respect, (e.g. insurance, illicit act regarding the reserved goods).
If we have only a co-ownership in any reserved product, the anticipatory assign-
ment shall be limited to the part of the claim in keeping with the participation
of our co-ownership (based on the invoice amounts).
relationship obligations towards us in due time. Any authorization to trans-
fer the sale to any third parties shall be excluded if between the purchaser
of the reserved goods and its clients a covenant against assignment is in
existence. The purchaser shall not be entitled to pawn the reserved goods,
nor pledge them as collateral security. Purchaser shall assign to us even
now by way of collateral security any outstanding accounts (including any
current account debit balances) and rights in the sale goods or in any other
respect, (e.g. insurance, illicit act regarding the reserved goods).
If we have only a co-ownership in any reserved product, the anticipatory assign-
ment shall be limited to the part of the claim in keeping with the participation
of our co-ownership (based on the invoice amounts).
4. Purchaser shall be authorized revocably by us to collect any outstan-
ding accounts on its own account and in its own name. This collecting
authority can be revoked if the purchaser does not discharge its contrac-
tual payment obligations towards us in due time. In case of a justified re-
vocation, the purchaser shall be obliged to name any debtor/s of the assi-
gned outstanding accounts and inform such debtor/s of the assignment.
authority can be revoked if the purchaser does not discharge its contrac-
tual payment obligations towards us in due time. In case of a justified re-
vocation, the purchaser shall be obliged to name any debtor/s of the assi-
gned outstanding accounts and inform such debtor/s of the assignment.
This will apply particularly if any third party shall assert any warran-
ty claim in opposition to the purchaser’s accrued outstanding accounts.
Price reductions due to defects and set-offs due to compensation for damage
have to be set off against any part of the outstanding accounts not assigned
to us. In as much as the purchaser has agreed to a preferred partial assignment
in favour of other trade creditor, this section shall apply with the purpose, that
the purchaser may collect the partial outstanding accounts ceded to us jointly
with the preferred partial outstanding accounts.
ty claim in opposition to the purchaser’s accrued outstanding accounts.
Price reductions due to defects and set-offs due to compensation for damage
have to be set off against any part of the outstanding accounts not assigned
to us. In as much as the purchaser has agreed to a preferred partial assignment
in favour of other trade creditor, this section shall apply with the purpose, that
the purchaser may collect the partial outstanding accounts ceded to us jointly
with the preferred partial outstanding accounts.
5. Purchaser shall be obliged to inform us without delay of any third party’s exe-
cution enforced on the reserved goods and shall instruct such third party about
their being our property.
their being our property.
6. If purchaser is in default - such as delay of payments - we shall be entitled to request
a temporary surrender of the reserved goods without granting a grace period, and
at purchaser’s expense - in handing over or dispatching the goods to us - or possibly
requesting assignment of purchaser’s rights of recovery towards any third party.
Such surrender or seizure of the preferred goods to and by us does not imply
contract withdrawal. This section shall also apply if a serious deterioration of
the purchasers’ assets become evident.
at purchaser’s expense - in handing over or dispatching the goods to us - or possibly
requesting assignment of purchaser’s rights of recovery towards any third party.
Such surrender or seizure of the preferred goods to and by us does not imply
contract withdrawal. This section shall also apply if a serious deterioration of
the purchasers’ assets become evident.
7. Upon purchaser’s request we agree at our own discretion to release the above
collateral securities, in as much as the amount exceeds the value of our claim
to be secured by more than 20 %.
to be secured by more than 20 %.
8. Purchaser shall also cede to us its claims to secure our claims against purchaser,
which due to the connection of the purchased matter with a piece of real estate
will be raised against any third party.
will be raised against any third party.
9. We shall be entitled to insure the reserved goods against all risks of any kind at
purchaser’s expense, unless upon being requested by us, the purchaser submits
evidence of a respective insurance policy. Any part amount owing to us claimed
and paid out of this insurance shall be ceded to us in advance when entering into
any respective contract. We shall be entitled to inform the insurance company
of such cession.
evidence of a respective insurance policy. Any part amount owing to us claimed
and paid out of this insurance shall be ceded to us in advance when entering into
any respective contract. We shall be entitled to inform the insurance company
of such cession.
Section IV Delivery and Lead Time
1. Unless any deviating specification is to be found in the order confirmation, de-
livery shall be “ex works” e.g. “ ex warehouse”. The risk of loss or damage of the
goods shall pass to the purchaser as soon as the goods have been handed over
to the haulage contractor, latest when they are removed from our warehouse.
goods shall pass to the purchaser as soon as the goods have been handed over
to the haulage contractor, latest when they are removed from our warehouse.
(except Russia)
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