INOCON - Terms
I. Delivery period
1.The delivery period starts with the sending of the confirmation of the order, however not before the supply of documents, releases and allowances by the customer (if necessary) and also not before an agreed disposit.
2.The delivery period is kept, when the date of dispatch can be told before the period has ended or the good has left the factory.
3.The delivery period extends in case of strike and locking out as well as in case of unpredictable preventions beyond our wills, like breakdowns, delivery delays of essential materials as far as such preventions are provable responsible for the delay. This is also a matter of the circumstances at subcontractors. The delivery period extends according to the durance of such measures and preventions. We are also not responsible for such circumstances mentioned before, if they break out during a present delay. We will inform you about the beginning and the end of such preventions as quickly as possible .
4.Part deliveries are legally within a promised delivery period as far as there will be no disadvantages for the customer.
II. Quantity delivered
1.The quantity delivered is determined by our confirmation of the order.
2.Modification of construction and design, which are necssary because of both technical improvements and demands by law, are with reservation during the delivery period, as far as the goods will be not heavily modified and the customer will agree to the modification.
III. Costs of cancelling
If the customer cancels an order unlegally, we can demand 10 % of the selling price because of costs, which arise from the carrying out of the order and the lost win, without taking into account the possibility to consider a greater actual damage. The customer will be not informed about the evidence of a small damage.
IV. Package and dispatch
Packages will be owned by the customer and and calculated. Costs of freigt, postages and package charges will be calculated separately. The kind of dispatch will we choosen according our best opinion.
V. Acceptance and crossing of danger
1.The customer is obliged to accept the goods. The goods will be handed over at the location of the customer, if there is nothing else agreed. The customer is allowed to prove the goods at the location of acceptance within 14 days after reception of the infomation about commitment or other information about finishing. The customer is obliged to accept the goods within the same period, if temporaly peventions from the acceptance are not his fault.
2.If the customer does not accept the goods within 14 days after reception of the information about commitment or other information about finishing on purpose or careless, we are allowed to cancel the contract or to claim compensation after the extention of time of 14 days. The extention of time is not possible, if the customer refuses the acceptance seriously or finally or he is obviously unable to pay the selling price at this time.
3.The crossing of danger to the customer occurs by the acceptance of the goods. If the customer declares, that he would not accept the goods, he will be responsible for the danger of an accidental lost or damage of the goods.
VI. Changing of prices
Changing of prices are legally, if the time between the conclusion of the contract and the delivery date is longer than 4 month. If the wages, costs of marerial or the cost prices do increase after this time until the finishing of the goods, we are allowed to raise the price properly according to the increase of costs. The customer is just entitled to a resignation, if the chaging of prices does not cross the increase of the common costs of living between the date of order and the date of delivery not even insignificant. If the customer is a businessman, a legal person of a public right or a public-lawful foundation, changing of prices a allowed, if the time between the conclusion of the contract and the delicvery date is longer than 6 weeks.
1.We take over the responsibility for the deficiency of the goods in following ways:
a)During a period of 6 month after the acceptance of the goods, the customer has the right to the removement of the defects of the goods (Touching up). If we can not remove the fault, which is included in the warranty or futher touching up attempts are not reasonable for the customer, so the customer can instead demand a cancelling of the contract or the diminution of the price.
b)Natural wearout is not included in the warranty in any case.
2.Because of further claims and rights we take over the responsibility in case of purposes or rough careless. In other respects the responsibility is exluded.
3.The takeover of warranty claims concerning damage caused by delay, production downtimes, financial loss and others are explicity excluded.
VIII. Ownership Reservation
1. goods delivered by us remain our property until full settlement of all our claims from the entire business relationship with the customer.
2. The purchaser is obliged to separately store and mark the goods under retention of title. He shall insure the goods under retention of title at his own expense against fire, water damage, burglary and theft. At the request we transmit the insurance policy for inspection. The purchaser hereby assigns to us the claims against the insurance in advance.
3. If third parties seize the retention of title, the Purchaser shall inform us immediately. The Purchaser shall bear all costs that must be incurred for cancellation of the seizure and recovering the goods supplied by us.
4. The purchaser is entitled to resell the reserved goods in the ordinary course of business as long as he is not in default if he agreed with his buyer no prohibition of assignment. Pledges or collateral assignments are inadmissible. The resulting demand from the resale or any other legal grounds (insurance, tort) with respect to the conditional goods, the ordering party now transfers in full to us for security reasons. We authorize the purchaser to collect the receivables assigned to us for our account in his own name. This authorization, can be revoked if the Purchaser at least one week in arrears, has made an application for commencement of insolvency proceedings or cessation of payments and thereby our security interest is endangered. In case of cancellation, the customer will, at our request disclose out the assignment and give us the information necessary for recovering the debt information and documents.
5. If the goods are combined with other goods, the retention of title of the newly created thing continues. We thereby acquire a co-ownership in proportion to the value of the goods (invoice value) to the value of other related matters. If one of the related matters to be considered as the main item, the buyer transfers to us co-ownership in proportion to the value of the goods supplied by us (invoice value) to the value of other related matters. The purchaser shall keep the new item free of charge with regard to our co-ownership. If the reserved goods are resold as part of the new product, it is the in point. 4. of the debt only in the invoiced amount of the reserved goods.
6. If the realizable value of which we are entitled under the above provisions our claims by more than 20%, we are obliged to release with regard to the excess value.
IX. Responsibility by criminal case
Claims of compensation are excluded unless the damage was caused on purpose or rough careless. That goes for action of our collaborators, too.
X. Terms of payment
1.The selling prices and additional costs become payable at the delivery.
2.Checques and bills of exchanges are considered as payment after their redemtion. The reception of a bill of exchange needs are previos written agreement. If we accept bills of exchange, we will calculate the current discountand redemtion costs. They must paid cash directly.
3.Default interests are calculated with 3 % p.a. above the current discount interest rate of the Deutsche Bundesbank. They will be calculated lower or higher, if we can demonstrate a charge by a higher interest rate or the customer can demonstrate a lower charge.
4.If the customer is a businessman, a legal peron of public right or a public-lawful foundation, the refusion of payment is not legally if the customer has any claims against us, which we can not agree to. The payment can also not be counted up whith such claims.
XI. Place of execution and jurisdiction
1.The place of execution is Rheinbach
2.If the customer is a legal person of public right or a public-lawful fondation, the court of law, which is responsible for our headquarter, is also responsible for all legal actions, which are caused by faulty excecutions of contract. We are also entitled to take legal action at he headquarter of the customer.
3.German right can only be used for the purchase of mobile good even if the customer has his headquarter in a foreign country.
1.The transfer of rights and obligations of the customer which arise from the concusion of the contract need for their impact our written agreement.
2.Should one regulation be null and void or it seemed to be, the validity of the other regulations will be untouched.
Explanation of the order number (order codes), and additionally some order examples see page 8. Further options for clamps, like other screws, adjustment levers in different sizes, surface treatment and coating, and special treatments see page 10 and upwards. Suitable tubes in steel, stainless steel and aluminium up to maximum 6000mm in any desired length (up from 500mm with no extra charge for cutting), 0 inside and outside deburred, see page 74 and upwards.