Lathe chucks

Terms and conditions
I. Quotation, Conclusion of Contract
1. The present Terms and Conditions shall apply exclusively. We do not recognise any terms
and conditions that are contradictory or different from our own, unless we have explicitly given
our written agreement to do so. Any amendment – verbal or by phone – shall not be accepted.
Our Terms and Conditions will also apply if we effect delivery to the Purchaser without any reservation
in full awareness of the contradictory or different nature of the terms of the Purchaser,
as compared to our own Terms.
2. Our quotations are always subject to change wihout notice. Orders shall be considered
accepted if confirmed by us in writing. If any delivery/service is provided immediately without
any confirmation, the invoice shall also be deemed to be the order confirmation.
3. Excess or short deliveries of up to 10 % of the order quantity (at least 1 off) are acceptable
for special tools made to the customer’s specification. The respective delivery shall be invoiced.
4. All details like weight, dimensions, performance and other technical parameters shall be
considered approximative unless they are explicitly defined as binding.
II. Delivery and Pricing
1. Our deliveries are made on an “ex works” basis at the Purchaser’s expense and risk plus the
statutory Value Added Tax.
VI. Claims
1. Obvious quality flaws and defects shall have to be announed in writing immediately, however,
no later than 8 days after receipt of the goods.
VII. Warranty and Liabilities
We are liable for the following defectsd in quality:
1. All parts or services will be remedied, at our discretion, free of charge or redelivered or
provided again, that are found to feature a quality defect during the statutory period of limitation
– irrespective of service life – providing the origin thereof already existed at the time of passing
of risk.
2. Claims to quality defects will become statute-barred in 12 (twelve) months. The period of
time commences with the passing of risk.
3. The Purchaser will immediately file written objection to the quality defect with us.
4. In the event objections are filed, the Purchaser will be permitted to refrain from payment to
an extent appropriate to the quality defects featured. The Purchaser will only be able to refrain
from payment, if an objection is asserted, the justification of which cannot be doubted. If the
objection has been asserted unjustifiably, we will be entitled to call for the reimbursement of the
espenses incurred by us.
Allgemeine Geschäftsbedingungen / Terms and conditions
2. Delivery dates confirmed by us shall not be binding but subject to a correct and punctual
supply to ourselves. Delivery periods shall be prolonged adequately in case of labour disputes,
strikes, lockouts and by other unforeseeable events beyond our control. We shall not be held
responsible for the aforementioned events even if they occur within an existing delay. The
Purchaser shall be informed on the beginning and end of such event.
3. If a binding delivery date has been agreed upon by way of exception and delivery is delayed
causing verifiable damages to the Purchaser, he shall be entitled to charge a lump-sum penalty
of 0.5 % for each entire week of delayed delivery, however, restricted to 5 % of that portion of
the order value that was not available in time as a consequence of our delay in delivery.
4. Return shipments have to be agreed upon with us. In particular if shipments are made
through “Deutsche Post” or DHL.
5. As a matter of principle, we do not accept any “freight collect” shipments.
6. The minimum order value amounts to Euro 40,00.
7. We shall not take back or credit any articles sold more than 6 months ago.
III. Payment, Default of Payment
1. Payments within Germany are due within 10 days after the respective date of invoice less
2 % cash discount or within 30 days net. Foreign payments are due within 30 days net. Other
agreements are admissible, however, they have to be confirmed in writing by ourselves.
2. Letters of credit are accepted on account of performance, however, subject to prior agreement
and if discount charges are borne by the Purchaser.
3. For delayed payments we charge default interest in the amount of 8% above the relative
base rate. Default of payment entitles us to a cancellation of the contract without prior notice.
IV. Make-and-Hold-Orders
1. Orders confirmed by us on a make-and-hold-basis have to be called off within one year after
the date of order – at the latest.
V. Retention of Title
1. All goods delivered shall remain our property until full payment of the purchase price (incl.
all related claims incurred with shipment of the goods) has been effected. Any claims of the
Purchaser resulting from a resale of our goods – delivered under retention of title – shall be
deemed to be ceded to us as security. The Purchaser is allowed to collect receivables for the
ceded claims as long as he fulfills his payment obligations with Mack. If title retention goods are
processed, we acquire property of the new product. In case of any processing, commingling or
mixture of our title retention goods with other products, we acquire a co-ownership according
of the share of our product.
2. In case of any resale of title retention goods by the Purchaser, the latter shall be obliged to
provide all information necessary to collect payment and notifies the debtors (third parties) of
the assignment.
3. The Purchser shall be obliged to resell our goods with a retention-of-title-clause, too.
4. Pledging or security transfer of our title retained goods and/or ceded claims as well as
factoring are impermissible.
5. Initially we will always be granted an opportunity to remedy a defect within an appropriate
period of grace.
6. Should the remedy fail, the Purchaser – notwithstanding any claims to damages – will be able
to cancel the contract or reduce remuneration. The Purchaser will only be able to call for the
reimbursement of fruitless expenditure if the defect in question is attributable to our own wilful
intent or gross carlessless for which we are responsible.
7. Claims to defects in quality are not given if the divergence from the agreed nature of the
product is only minimal, if usability is only insignificantly impaired, in cases of natural depreciation
or damages generated after passing of the risk as a result of faulty or negligent treatment,
excessive exposure, unsuitable operating media or because of specific outer impact that was
not to be expected given the contract, as well as in cases of non-reproducible software errors.
If amendments or repair work is carried out impromperly by the Purchaser or by third parties,
there will be no claims to the defects resulting or the effects thereof. The same will apply to a
lack of compliance with our instructions on handling and other instructions and if maintenance
is not carried out properly.
8. Claims of the Purchaser for a refund of the expenses incurred for the purpose of remedy,
such as costs of transport, travel, labour and materials will be ruled out, when such expenses
increase because the item delivered was brought to a destination other than the Purchaser’s
premises.
9. Legal claims to recourse against us on the part of the Purchaser will only be given if the
Purchaser has entered into no agreement with his customer in excess of those claims to
defects regulated by the law.
10. Claims to compensation for damages will be goverend by Section VIII. Any fartherreaching
claims to quality defects or others than those governed in this Section or in Section VIII. will be
ruled out.
VIII. Overall Liabilities
1. Any application-related information provided in our general sales catalogue, project
documents etc. shall not release the Purchaser from his obligation to convince himself of the
adequacy and suitability of our products for the intended use. Any liability claims based on culpable
infringement of other collateral duties shall be excluded in any case, unless attributable to
gross negligence or willful intent of our legal represenatives or leading staff. Where applicable,
such liability shall be limited to a maximum of 5 % of the pertinent order value.
IX. Supplier’s Right of Withdrawal from the Contract
1. If the performance of an order that is based on the Purchaser’s draft or drawing turns out to
be not feasible for any reason (e.g. missing technical or technological design requirements), we
shall be entitled to withdraw – fully or in part – from the contract. No claims for damages shall
be accepted by the Purchaser resulting from such withdrawal.
X. Trade mark rights
1. For all sketches, drawings, photographs and other illustrations contained in our documents
and quotations we reserve both property and copy rights. Any reproduction, duplication,
disclosure to third parties shall be prohibited unless expressly authorized by us.
2. The Purchaser shall assume sole responsability for all kinds of document, plans, samples or
the like to be submitted. Moreover, he shall assure that said documents will not infringe on any
property rights of third parties.
5. Upon our instigation the Puchaser shall have to inform all debtors of any ceded claims, provide
all information required for collection and submit the corresponding documents.
6. Prior to any seizure of the goods delivered or any other impairment whatsoever by a third
party, Mack has to be informed. Any costs entailed by such seizure of pledge shall have to be
borne by the customer.
7. We are entitled to withdraw delivered goods in case of any late payments, payment stops, insufficient
information about the the buyer’s liquidity or his financial status, pending compulsory
executions or procedures based on claims arising out of bills of exchange. The buyer is obliged
to hand over the delivered goods. Any costs incurred shall have to be borne by the buyer.
8. Any petition in insolvency proceedings entitles us to resign from the contract and insist on a
return of the delivered object.
9. For any goods returned (for reasons attributable to the Purchaser) we will charge a restorage
fee of 10% of the order value, however a minimum amount of 10 €.
3. Production facilities manufactured for the purpose of fabrication of the subject-matter of the
contract, shall not be delivered but remain our property even if invoiced fully or in part.
XI. Place of jurisdiction and payment
1. Place of performance and jurisdiction shall be our gesistered office in Sontheim. We are,
however, entitled to file a suit at the Purchaser’s headquarters.
2. Our contractual relationships shall be governed by the laws of the Federal Republic of
Germany exclusively.
XII. Miscellaneous
We expressly declare our willingness to negotiate contractual terms other than those seth forth
in the present “General Terms and Conditions”. The ineffectiveness of individual contract terms,
however, shall not affect the validity of the remaining ones.
Purchaser’s data shall be stored within the frame of regular data processing on the basis of the
existing business relation.
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