The Electronic Load

The Electronic Load
General Terms and Conditions of Business, Delivery and Payment
Application Notes ZS PL H&H
ZSLC
water-cooled
ZSLV
Low Voltage
PMLI
Multi-channel
ZSAC
AC
NL
Source-Sink
Accessories
Software
GTC
We only deliver to merchants and customers who have equal statements to
these „General Terms and Conditions“, regulating matters according to the
law.
For business transactions with this clientele the following conditions of
business, delivery and pay shall be valid.
1. Offers
We shall reserve the title of ownership and copyrights of all drawings, drafts,
and estimates of cost and others.
They may not be made accessible to a third party. In the event there is no
placing of an order, any supporting material shall be returned immediately.
2. Confirmation of the Order
When receiving our confirmation of the order, the party ordering acknowledges
our terms of business, delivery, and payment. Any opposing purchase
conditions of the purchaser shall not be subject matter of the contract.
3. Range of Obligations
The range of obligations set forth according to the offer shall determine the
extent of the performances to be made and that have been made. For
subsequent requests for alteration the amount for higher or lower
performances shall be accounted or credited according to the expenses.
4. Conditions of Delivery
Deliveries are expressly started ex works. The shipment shall be carried out for
the account and at the risk of the orderer. Any deliveries shall principally be
insured at the expense of the orderer, unless he is not subject to a ban of a
forwarding agent´s insurance certificate or a cartage insurance certificate.
H&H shall choose the means of shipment, whereas in any case that means of
traffic shall be chosen that seems to be the most suitable. H&H shall give no
guarantee for speed and price.
5. Packing
We charge fees for packing at prime cost.
6. Delivery Periods
Periods of delivery shall begin after all the technical and commercial details
have been clarified, and after the order has presented all the required
supporting material and ancillary supplies. We shall endeavour to fulfil the
determined periods of delivery according to our best discretion. In the event of
a delay of delivery due to circumstances that were unknown to us at the time of
the order, and for which we are not responsible, the periods of delivery shall
be prolonged to an acceptable extent.
7. Final Inspection
Equipment and installations agreed upon to be accepted by the customer shall
finally be inspected 14 days after receipt of a request in writing, otherwise the
equipment shall be considered as accepted. Requests for alteration after
acceptance that differ from the extent of the order shall be charged according
to expenses.
8. Warranty
Warranty shall only be given on the condition that no change has been made
on the equipment, and that the defect has occurred in accordance with the
determined use of the equipment.
Since H&H does not know the intended application of the devices as well as
the physical conditions of the units which will be tested no warranty for the
desired function can be given.
Defects shall be remedied by repair or replacement, if we or a representative
of ours are informed of it 24 months of the date of the delivery note, and if
they are acknowledged. Place of fulfilment of a warranty is 94357 Konzell. The
customer shall pay the shipment to H&H, the costs for the return are paid by
H&H. If, after consulting H&H, the warranty will be fulfilled by one or more
H&H employees at the place of the customer, the costs for the required
material and the working time shall not be charged. The costs for travel, driven
kilometers and overnight stay, if necessary, shall be charged.
After expiration of the warranty period, all material and working time costs are
charged to the customer. In this case the customer has to pay both the freight
to H&H and back to the customer. In case of repair on site, also the costs for
travel, driven kilometers and overnight stay, if necessary, shall be charged.
At unauthorized complaints all costs are billed to the customer if necessary.
Claims for warranty shall be notified in writing, with a precise specification of
the detected defects, as well as the naming of the competent partner.
In the event the equipment is damaged by exceeding the technical data, there
shall be no justified claim for warranty. Replacement deliveries are principally
understood ex works. Ancillary expenses such as transport charges, fitting, or
expenses for fitting, shall be borne by the purchaser. Warranty is not liable for
replacement parts that are subject to normal wear and tear. Damages due to
transport are also excluded from warranty. We shall not be liable for
subsequent damages, unless they are subject to our gross negligence.
9. Limitation of Liability
Compensation for damages which have not occurred to the contract itself, are
excluded.
10. Reservation of Ownership
We deliver only on the basis of the reservation of title described hereinafter
more nearly.
This also applies to all future deliveries even if we particularly don't always
refer to it.
We keep the proprietary right to the delivered thing until the complete
payment of all demands from the contract of sale. We are authorized to take
the purchased thing back if the buyer behaves in breach of contract
agreement.
The buyer is obliged as long as the property hasn't changed on him yet to
treat the purchased thing carefully. Note: particularly he is obliged to insure
these against theft, fire and water damages at the own expense to the value
as new sufficiently. If maintenance and inspection work must be carried out,
the buyer has to execute these at the own expense on time. As long as the
property hasn't changed yet, the buyer has to inform us immediately in writing
if the delivered object is impounded or exposed to other interventions of third
parties. The buyer is liable for the failure resulted for us the legal costs out of
court of a complaint to refund us in accordance with § 771 ZPO as far as the
third party is not able.
The buyer is authorized to the further disposal of the reservation product in
the normal commercial traffic. The buyer hands over the demands of the
buyer from the further disposal of the reservation product to us already now
in height of the invoice final amount agreed on with us (including value
added tax). This assignment is independently of valid whether the purchase
thing has been resold without or after processing. The buyer remains
authorized to the collection of the demand also after the assignment. Our
authority to move in the demand by ourselves, remains untouched of this. We
won't retract the demand, however, as long as the buyer meets his financial
obligations from the taken earnings, is not in delay of payment and no
application for opening of an insolvency method particularly is made or there
is stoppage of payments.
Provided that the purchase thing is processed with objects not belonging to
us, we purchase the co-ownership of the new thing for the objective value of
our purchase thing to the other finished objects in the time of the processing
proportionally.
We oblige each other to release the securities being entitled to us on desire of
the buyer as far as their value exceeds the demands to be secured around
more than 20%."
11. Prices
Prices are valid ex works, packing excluded. We reserve the right to an
adjustment of prices according to an increase of wages or prices for material
between date of order and delivery.
12. Conditions of Payment
Payment of amount of invoice: net payment without any deduction within 30
days of date of invoice. By date of invoice we understand day of shipment or
day of readiness for shipment. A discount of 2 % shall be granted if payment
is made 14 days after date of invoice. Payment of amount of repair invoice:
net payment without any deduction within 14 days of date of invoice.
Less 3% when the payment is made in advance after the goods are ready for
shipment. Shipment is made after incoming payment.
If the value of the order is at least of a net amount of EURO 25 000.00, 30 %
advance payment shall be due as of date of the incoming order, and 70 %
when delivered. Orders for which an advance payment is made shall only
then be valid as accepted and shall be executed, when the advance payment
has been paid into an account of H&H. In the event the period of payment is
exceeded, default interest of 2 % above the discount rate of the Land Central
Bank shall be charged. The handling charge for a letter demanding payment
is al lump sum of Euro 5.00.
Deliveries to new and delinquent customers are subject to advance payment.
13. Place of Performance and Jurisdiction
For delivery and payment the place of performance is Konzell.
Jurisdiction is Straubing.
14. Storage of Data
This is what me make known to you: According to paragraph 26
subparagraph 1 of the Federal Data Protecting. Law (German abbreviation:
BDSG = Bundesdatenschutzgesetz) we have stored your data in our EDP –
equipment, on the purpose of business transactions.
The Höcherl & Hackl GmbH keeps all documents -- technical and business --
for at least 10 years.
LZB_E_08 valid as of March 1st., 2013
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