KPM Katalog 2011-2013 - Lampen-Shop Sissach

General Terms & Conditions of Sale & DeliveryI. Scope of applicationThese Terms and Conditions of Sale and Delivery are legally binding unless otherwise agreedin writing. Conflicting or differing terms of the purchaser are not binding, even if no objectionhas been explicitly made to them or if the delivery is made or is accepted without objectionto the conflicting term.II. Scope of services and conclusion of contract1. Quotations issued are subject to change. An order is considered as accepted when confirmedin writing or when delivery takes place.2. Agreements made with sales agents or commercial travellers or verbal agreements do notbecome legally binding until our written confirmation is issued.III. Delivery deadlines1. The delivery date shown on the Order Confirmation is without obligation unless other agreementsare explicitly made in writing. The delivery period is extended should unforeseen,unusual or inevitable incidents of any kind occur, in particular strikes and similar incidents,also in the event of delayed self-supply for reasons we are not accountable for. In suchcases we will inform the purchaser immediately whenever possible.2. Should a delivery delay occur for which we are accountable, the purchaser will grant us anadequate period of grace before asserting his rights according to the contract concluded.If this period of grace is not met, the purchaser can claim compensation up to max. 0.5%of the delivery value for each full week of further delay, however, in total max. 5% of thedelivery value. Extensive compensation of any kind whatsoever is excluded.IV. Transfer of riskDelivery is made generally on the basis ex works at the risk of the consignee.V. Return of goodsGoods may be returned only after prior written agreement. Goods must be returned carriageprepaid. Subsequent handling costs related to the return, e.g. inspection, repair, re-packing,will be deducted. This provision does not apply in the event of justified termination of thecontract.VI. Prices and payment terms1. All prices are ex works excluding VAT.2. For an order value of min. € 500 net we deliver carriage paid within FRG. For individualorders with an order value of less than € 100 net we will invoice a handling charge of€ 6 in addition to the usual costs for packing and freight.3. For payment within 10 days of invoice date we grant 2 % discount. The amount invoiced isdue in full 30 days after invoice date.4. If the purchaser is in arrears with payment, we are entitled to charge interest payable onarrears of 8 % above the respective base lending rate.VII. Retention of title1. We retain title to the goods until receipt of payment in full. In this regard the purchasershall assign to us all sales claims towards his customers to the value of our claims.2. In the event of behaviour contrary to the contract on the part of the purchaser, in particularin the event of payments in arrears, we are entitled to recover the goods supplied undercondition of retention of title, nor does this represent a cancellation of the contract fromour part.VIII. Terial damageThe supplier accepts liability for material damage as follows:1. All parts or services shall be repaired, replaced or provided anew, free of charge, at thesupplier’s discretion, when showing material damage within the period of limitation forwarranty claims – regardless of operation hours – provided the damage had already beencaused at the point of time of transfer of risk.2. Claims for material damage are time barred after the expiry of 12 months. This does notapply in the event of injury to life, body or health, in the event of a wilful or grossly negligentbreach of duty on the part of the supplier and in the event of fraudulent concealmentof damage. Legal provisions governing suspension, interruption and delay to expiry remainunaffected.3. The purchaser shall give immediate written notice of material defects to the supplier.4. In the event of notice of a defect the purchaser is entitled to withhold payments in reasonableproportion to the amount of material damage that has occurred. The purchasercan only withhold payments if a claim is made and its validity is beyond doubt. Shouldan unjustifiable claim be made, the supplier is entitled to demand compensation from thepurchaser for expenditure that has occurred.5. The supplier shall first be given the opportunity for subsequent performance within anappropriate period.6. Should the subsequent performance fail, the purchaser is entitled – regardless of anyclaims for damages under Provision IX – to withdraw from the contract or reduce thepayment amount.7. Warranty rights do not exist if there is only slight deviation from the agreed appearanceand workmanship, if there is only insignificant impairment of serviceability, in the eventof natural wear and tear or damage that has occurred after the transfer of risk due to improperor negligent treatment, excessive wear, unsuitable equipment, defective constructionwork, inappropriate construction sites or that has arisen due to particular externalinfluence that is not presupposed in the contract, as well as software errors that are notreproducible. Should inappropriate modifications or repairs be made by the purchaser orthird parties, no warranty rights apply for these or for their consequences.8. Claims asserted by the purchaser due to costs, in particular freight, transport, work andmaterial costs resulting from subsequent performance, are excluded insofar as the costs increaseas the object of delivery has subsequently been brought to a destination other thanthe place of business of the purchaser, with the exception that the transfer corresponds toits intended use.9. Recourse rights of the purchaser against the supplier according to § 478 German Civil Code(recourse of a company) exist only insofar as the purchaser has made no agreement withhis buyer above and beyond the legal warranty rights. For the extent of the recourse claimof the purchaser against the supplier in accordance with § 478 Section 2 German Civil Codeno. 8 applies accordingly. As compensation in the sense of § 478 Section 4 Clause 1 GermanCivil Code the supplier grants overall discount and payment terms in accordance with theabove regulation (VI Clause 3) for the exclusion of the warranty rights named therein.10. For other claims for damages Provision IX applies (Sundry Claims for Damages). Furtherclaims or claims other than the claims of the purchaser against the supplier and his performanceaids arising from material damage, governed in this Provision VIII, are excluded.IX. Sundry claims for damages1. Claims for damages and costs asserted by the purchaser (hereinafter: Claims for damages),irrespective of their legal basis, in particular on the grounds of breach of duty from contractualobligation and claims in tort, are excluded.2. This does not apply insofar as liability is mandatory e.g. according to the Product LiabilityAct, in cases of deliberate intention, of gross negligence, due to injury to life, body orhealth, due to breach of significant contractual obligations. Damage claims for breach ofsignificant contractual obligations is however limited to damages foreseeable and contractcoherent, insofar as intent or gross negligence are not given or liability due to injury to life,body or health is not applied. A change of the burden of proof to the disadvantage of thepurchaser is not connected to the preceding provision.3. As far as the purchaser is entitled to damages arising from a claim in accordance withthis Provision IX, these shall be time barred on expiry of the effective time bar for materialdamage claims according to Provision VIII no. 2. For claims for damages in accordance withthe Product Liability Act, the legal time bar regulations apply.X. Place of Jurisdiction1. The exclusive place of jurisdiction – irrespective of the amount in dispute – is the districtcourt in 59821 Arnsberg. This applies also for claims asserted through enforcement proceedings.We however reserve the right to file suit against the purchaser with any other courthaving jurisdiction over the purchaser.2. German law is agreed applicable – also for export agreements.205