Service Service - Maryland Metrics

Terms and conditions of delivery and payment
The version of the “General Terms and Conditions of Delivery of the
ZVEI for Products and Services in the Electrical Industry” which is in
force at the time in question shall apply as well as the following supplementary
regulations of KAISER GmbH & Co.KG.
The place of performance shall be Schalksmühle and the place of jurisdiction
Lüdenscheid.
1. Scope of deliveries or services
The written declarations of both parties shall carry equal weight in all matters
relating to the scope of deliveries or services. If a contract has been concluded
without such mutual declaration, either the written order confirmation from
the supplier or service provider (hereinafter: supplier), shall be decisive. If such
a document has not been issued, the written order from the purchaser shall be
decisive.
Supplementary agreements shall only be valid if confirmed in writing.
2. Prices
The gross prices are recommended retail prices given in euros and exclusive of
VAT. The prices of products made of brass are subject to certain fluctuations
that are based on the relevant DEL listings. Our prices are based on a metal
price quotation of Euro 150 of Ms 58. In case of any increase or reduction in
these prices by more than 15 Euro, a five per cent surcharge or deduction shall
be made for each 15 points. The calculation of any supplements due will be
based on the DEL-price quotation for the date of receipt of the order by us.
3. Passing of risk
The risk shall pass to the purchaser, even when carriage freight paid delivery
has been agreed:
1. When the delivery package has been brought to the shipping department
or been collected, if assembly or mounting are not included in the delivery
package. The goods shall be packaged with the utmost care. The goods
shall be shipped in the manner deemed most appropriate by the supplier. At
the request of the purchaser, the supplier shall insure the shipment against
breakages and damage caused in transit or by fire.
2. Should the shipping, delivery, start or performance of installation or mounting
be delayed at the request of the purchaser or for reasons for which he
is responsible, the risk shall pass to the purchaser for the duration of the
delay. However, the supplier shall be obliged to take out insurance cover if
requested to do so by the purchaser. The costs for such cover shall be borne
by the purchaser.
4. Retention of title
The goods shall remain the property of the supplier until the purchaser has
satisfied all claims which the supplier can make on him under the terms of the
business relationship. Prior to this time, pledging the goods or transfer by way
of security shall be forbidden, and the goods may only be resold to the trade
in the normal course of business subject to the proviso that the reseller receives
payment from him customers. Any intervention costs shall be borne by the
purchaser. If the combined value of the security interests of the supplier exceeds
the value of all secured claims by more than 20%, the supplier shall release
a corresponding portion of the security rights if so requested by the
purchaser.
Should the purchaser breach the contract (in particular if it defaults on payment),
the supplier shall be entitled to take back the goods under his ownership
or, if necessary, enforce assignment or claims for return against third parties.
All costs arising from the return and recycling of the goods shall be borne
by the purchaser. Should the supplier take back goods to which still retains
ownership rights, this shall not be interpreted as terminating the contract.
Should external warehousing facilities be used for goods from the supplier to
which the supplier still retains ownership rights, the supplier must be informed
of this. In such cases, the purchaser must conclude an individual agreement
with the warehouse company in order to ensure that no liens will be executed
on the goods to which the supplier still retains ownership rights. When such
goods are delivered, the warehouse company must be informed in writing
that the goods in question are the property of the supplier and are only being
stored with the warehouse company on the proviso that it does not acquire a
lien on the goods.
5. Terms of payment
1. Payment is to be made in euros and free of transaction charges to the designated
account of the supplier.
2. The purchaser may only offset those claims that are uncontested or have
been recognised by declaratory judgement.
3. Unless otherwise agreed, the purchaser shall have 30 days . /. to effect net
payment and shall be granted a 3% discount if payment is made within 10
days, both counted from the date the invoice is issued.
6. Shipping costs
The prices shall apply for terms of delivery ex works for the acceptance of
sealed shipping cartons for which no packaging costs are levied. If cartons are
broken open, a surcharge of 5 EUR shall be levied per carton, irrespective of
the value of the order.
7. Free delivery
Orders for sealed delivery within the Federal Republic of Germany which have
a net value of 800 EUR or more shall be delivered free to the purchaser‘s address.
8. Returns
Goods may only be returned in exceptional circumstances and must first be
approved by us. If we are not notified in advance, returns will not be accepted
by our distribution warehouse and shall be returned at the expense of the
consignor.
9. Acceptance
1. Even if they exhibit minor defects, the delivery items must be accepted by
the purchaser.
2. Part-deliveries are permitted.
10. Liability for defects
The supplier shall be liable for defects as follows (if the delivered goods do not
exhibit the warranted characteristics, this shall also be deemed a defect):
1. If parts or services become unserviceable or if their serviceability becomes
seriously impaired within 12 months (regardless of the operation period) of
the day of the passing of the risk, and if such unserviceability is due to factors
which date from a time prior to the passing of the risk (in particular
faulty construction, poor quality material or faulty workmanship), the supplier
must either repair or replace the parts or perform the services again
free of charge. Should such defects be discovered, the supplier must be informed
in writing without delay.
2. The purchaser must comply with his contractual obligations, in particular
the agreed terms of payment. If a complaint in respect of defects is lodged,
the purchaser may withhold payments to a value considered appropriate in
light of said defects. If, however, the contract concerns the operation of
trade, the purchaser may only withhold payment if there is absolutely no
doubt as to the legitimacy of the complaint that has been lodged.
General information
1. The issue of this catalogue renders all previous editions null and void.
2. This edition only contains KAISER standard product ranges. Special product
ranges and developments on request.
3. KAISER catalogues in other foreign languages are available on request.
4. We make every effort to ensure that technical advice given by us is correct.
Such advice is given on a purely non-binding basis. The installer of electrical
installation systems shall be responsible for the selection of suitable installation
boxes, the materials for such boxes and performing installation in a safe
manner.
January 2012
>> Subject to technical changes. No liability for errors.
The current term and conditions of delivery and payment can be found
on our website: www.kaiser-elektro.de
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AGRO Products from: MARYLAND METRICS P.O.Box 261 Owings Mills, MD 21117 USA web: http://mdmetric.com email: sales@mdmetric.com
phones: (410)358-3130 (800)638-1830 faxes: (410)358-3142 (800)872-9329 RFQ form: http://mdmetric.com/rfq.htm
How to order: Please prefix the Agro part number or description with ‘R952-’ example: R952-1060.06.025