KMP P1 1941,4001 Manual Do Utilizador

147

The following terms apply exclusively to deliveries and services if nothing to the 

contrary has been agreed in writing in individual cases. Oral subsidiary agree-

ments must be confirmed in writing to be effective. Our delivery and payment 

terms only apply if the contractual partner is an entrepreneur, legal entity in 

public law or a public law special fund. These terms then also apply to all future 

transactions between the contractual parties.

All prices are in euros, exclude value-added tax and are not binding. Contractual 

prices only apply when taking the planned quantity. We reserve the right to in-

crease the prices in line with the increase in costs due to rises in material prices 

for contracts for which the period between signing the contract and the delivery 

date (delivery period) is more than four months.

Delivery is only made to resellers; the export of our products is only permitted 

with our express approval. We only deliver to companies that are not known 

to us for cash on delivery if the appropriate references are not provided in the 

first order. Cases of force majeure, business disruptions, strikes, lockouts and 

boycotts that affect our operations, the operations of our buyers or important 

sub-suppliers, the delayed delivery of raw materials, transport problems and 

other circumstances over which we and the buyer has no influence are under no 

circumstances our responsibility or that of the buyer; in such cases delivery is not 

in default for us and acceptance is not in default for the buyer.If we are not able to 

perform as a result of force majeure or similar cases for longer than six months 

both we and the buyer may withdraw from the contract.If delivery is delayed the 

buyer must set an appropriate subsequent period before he can derive rights from 

the delayed delivery. Very small orders are uneconomic. We therefore only deliver 

for orders above EUR 80.00. If in special cases this sum is not reached delivery is 

made for cash on delivery in order to facilitate the work of both sides. Subsequent 

orders to orders already being processed can only be considered at the agreed 

price if the production status permits this at no additional cost. We reserve the 

right to decide the transport route and method as well as the suit-able packaging 

material. Delivery is made for invoice sums above EUR 125.00 whilst considering 

the usual freight and postage costs and postage paid from any German location. 

Under a net invoice value of EUR 125.00 we charge a flat-rate fee of EUR 10.50 for 

freight and processing costs. The additional costs of urgent freight are charged to 

the recipient. The risk of the accidental destruction or deterioration of the goods 

is transferred to the buyer when the goods are delivered to the freight forwarder, 

transport company, other people or organisations appointed to make the delivery. 

This also applies if we pay the delivery costs. Our invoices are also considered to 

be the order confirmation.

Complaints about the number, weight, characteristics and quality of the goods 

are only considered if a written complaint is received within one week of receiving 

the goods. For the decision on whether complaints about the characteristics and 

quality of the goods are justified, the result of an inspection of the goods in our 

factory after they have been returned is key. If a written complaint is received by 

us in good time and is justified, the buyer may only withdraw from the contract 

or claim a reduction. Other claims by the buyer, in particular for the payment of 

damages, e.g. due to lost profits or damage, that did not occur to the delivery 

and performance of the item delivered are excluded to the extent to which our 

liability is excluded in line with Section 5 of our delivery and payment terms.If 

the buyer notifies a fault that does not exist as per the seller‘s inspection and 

if the buyer knew that the fault did not exist when making the notification or if 

he was mistaken due to negligence, the buyer must reimburse the seller for 

the damage so caused. The buyer is entitled to prove that the notified fault does 

exist. Within the scope of the provisions stated above, the seller is in particular 

entitled to demand that the buyer reimburses the costs incurred by the seller, 

for example for investigating the matter or the repair demanded by the buyer.If 

the recipient wishes to process the goods they must be inspected in each case 

before processing starts. He must be convinced that the goods are suitable for 

the intended purpose.

The seller is liable in cases of deliberate action or gross negligence by the seller 

or his representative or vicarious agent and for injury to life, limb or health in line 

with the statutory provisions. In addition, the seller is only liable in line with the 

German Product Liability Act and for the culpable infringement of key contractual 

obligations. The claim to damages for the infringement of key contractual 

obliga-tions is however only limited to the predictable damage that is typical 

of the con-tract if none of the exceptions stated above apply at the same time.

The provisions of the paragraph above apply to all claims for damages no matter 

the legal reason, in particular due to faults, the infringement of duties from the 

contractual obligation and tort. They also apply to claims for the reimbursement 

of expenses made in vain. The other provisions of these delivery and payment 

terms are unaffected.

Cash payment within 10 days from invoice date with a 2% discount or net within 

30 days. If the agreed payment terms are exceeded the buyer is obliged to pay, 

without the need for a special reminder, default interest of 8% above the relevant 

basic interest rate (Section 247 of the German Civil Code (BGB)). If the buyer is 

in default of payment the seller has the right to demand payment of all pending 

invoices - even if not yet due for payment. Cheques are only considered payment 

after they have been cleared. Offsetting and the assertion of retention rights 

against the payment obligation are excluded. This does not apply to the buyer‘s 

undisputed or legally binding counter-claims. If after signing the contract there is 

a significant worsening of the buyer‘s asset situation that endangers the payment 

of the purchase price, the seller can demand that the purchase price is paid in 

advance.

Contracts should be concluded within the set periods. Approval is requested in 

instalments that are as even as possible. Each call off is considered a transaction 

in the version dated 01.06.2010

deliVerY and PaYMent terMs

in itself. If the buyer delays approval of the agreed quantity we are also entitled 

- after setting an appropriate subsequent period - to cancel the contract and to 

demand the return of the contract discount given on the deliveries that have been 

made or to claim damages for non-fulfilment. Costs incurred by us for blocks, 

labels, seals etc. must be paid to us in full.

If drafts that we have produced infringe third party protective rights and/or are 

seen as infringements of the competition regulations, we accept no responsibility. 

The buyer is solely liable for infringements of third party protective rights and 

infringements against competition regulations resulting from the contractual 

fulfilment of deliveries and services by us and/or the use of deliveries and 

services by the buyer. The buyer is obliged to indemnify us for any claim resulting 

from such infringements and to reimburse us from any resulting damage.

The goods remain our property until full payment of all claims from the business 

relationship. For ongoing invoices title retention guarantees the balance claim 

assignable to us. During the existence of a retention of title the buyer is not 

permitted to pledge or use the goods as collateral. The buyer must inform us 

without delay in writing if the goods are pledged, seized or otherwise accessed or 

subject to the intervention of a third party. The ongoing sale of the item delivered 

or the new item is only permitted for resellers in the normal business process.

If the buyer sells the goods we delivered without change, or processes or works 

on them, he already assigns to us the claims arising from such sales against 

his purchaser with all the subsidiary rights until full payment of all our claims. 

The buyer is entitled to collect such claims but is obliged to pass on the sums 

collected to us immediately. At our request the buyer is obliged to pass on to us 

the documents required to assert our rights. If the realisable value of all retained 

rights to which the buyer is entitled exceeds all the retained claims by more 

than 10% the seller will release an appropriate part of the retention rights at the 

buyer‘s request. It is assumed that the requirements of the above sentence are 

met if the estimated value of the security to which the seller is entitled reaches or 

exceeds 150% of the value of the retained claims. The seller is entitled to choose 

between various retention rights when approving this.

Returns are only possible with our agreement. For returned goods the current 

value minus the costs of making new and a 30% processing fee is credited if the 

return is not due to a justified complaint.

We reserve the right to make changes to the dimensions (width and length) for 

technical reasons.

Items are only sent in the quantity and packaging units stated in our catalogues. 

For customised products we have the right to undertake additional or reduced 

deliveries of up to 20%. The measurements and weights are understood as being 

within the normal tolerances for the industry.

We are authorised to process, save and analyse data received during the business 

relationship.

The place of performance and court of jurisdiction is Eggenfelden. The court of 

jurisdiction for all contractually agreed claims is exclusively the one responsible 

for the seller‘s head office.

German law applies to this agreement. The application of UN purchasing law 

is excluded. Should any of the provisions of this agreement become invalid, the 

validity of the remaining provisions shall not be affected.