Wiha Product Catalogue 2008/2009 - KAVON CZ sro

Wiha General Terms of Trading.Terms and conditions of sale, delivery and payment. Effective as of March 2007.1. Validity. These terms and conditionsshall be binding in respect of all orders. Anydepartures from them or secondary verbalagreements shall be valid only if confirmedby us in writing. We will not accept theterms and conditions of the customer evenif we do not expressly refuse to acceptthem. By placing his order the customeracknowledges our terms and conditions.Events beyond our reasonable control andinstances of force majeure shall release usfrom commitments entered into.2. Offers. All offers are made without obligation.Our currently valid catalogues orprice lists form an integral part of our offers.Samples are invariably supplied againstpayment.3. Orders. Orders shall not be deemedaccepted by us until we have confirmedthem in writing. This provision shall alsoapply to orders taken by our representatives.The acceptance of an order does notplace us under any obligation to acceptfollow-on orders under the same conditions.4. Prices. Prices are quoted in Euros (€),excluding value-added tax at the statutoryrate. Prices are quoted without obligationand are applicable to delivery ex works,excluding packaging. If the agreed deliverydate is more than 6 weeks after the timethe purchase agreement is concluded, wereserve the right to make appropriateadjustments to our prices due to generalincreases in wage, material or marketingcosts or if higher rates of public taxes andsimilar charges are imposed. All prices arebasic prices; in the event of resale by thetrade, however, they are non-binding targetprices and do not constitute a price recommendation.5. Delivery. All deliveries are made at therisk of the consignee even if delivery isagreed carriage paid to destination. Deliveriesshall be made for the account of thecon signee. We will effect delivery using themethod of shipment considered most suitablefor the goods in question. For smallorders up to a net value of EUR 300.00, wewill invoice an administration and deliveryfee of EUR 6.00. Goods with a net value ofEUR 500.00 or more will be supplied toforeign customers free to the German borderor FOB German sea port, includingpackaging. Deliveries of goods with alower value will be made ex works excludingpackaging. In the case of orders thatdo not conform to our packaging units wereserve the right to deliver the goods in amanner compatible with our packagingunits, otherwise a surcharge of 10% will becharged.6. Delivery lead time. As a general rule,we deliver all articles listed in our catalogueex warehouse or within a few days. In allother cases, we will state the anticipateddelivery lead time, which depends on ourworkload; however, we shall not be boundby the lead time quoted. If the lead time isexceeded by us the customer may, to theexclusion of all other claims, withdraw fromthe contract upon the lapse of a reasonableextension allowed by him. Partialdeliveries shall be permitted. If performanceis delayed for reasons attributable tothe customer, we shall not be bound byour delivery dates. If the customer doesnot take remedial action immediately, weshall be entitled to claim compensation forthe additional costs incurred by us or withdrawfrom the contract after the lapse of areasonable extension.7. Terms of payment. Our invoices arepayable within 10 days of the date of theinvoice less 2% discount or net within 30days from the invoice date. Invoices forgoods with a value of less than EUR 50.00are due for payment immediately and withoutany deductions. Payments by cheque,bank transfers or cash payments madeagainst presentation of a bill made out byus and accepted by the customer shall bedeemed to have been effected after the billhas been honoured by the drawee thusdischarging us from any liability under thebill. The agreed reservation of title shallremain effective in our favour until the billhas been collected.8. Property rights. We reserve title andcopyright in illustrations, drawings andother documentation.9. Reservation of title.9.1 All deliveries will be made with reservationof title. The products delivered(reserved goods) shall remain our propertyuntil the customer has met all his obligationsarising from the contractual relationshipwith us. The risk of loss of or damageto the reserved goods shall be borne bythe customer, also during the period thisreservation of title is effective.9.2 During the time this reservation oftitle is effective the customer shall not beentitled to pledge the reserved goods or toassign them by way of security. The customeris entitled to sell the goods ownedby us (reserved goods) in the normalcourse of business. However, the customeralready cedes all accounts receivablefrom this resale to us.9.3 Processing or alteration of thereserved goods is without obligation to usas a manufacturer as per Section 950 ofthe German Civil Code. If the reservedgoods are processed together with otherobjects, we shall acquire a co-ownership inthe new object in the ratio of the currentmarket value of our goods to the value ofthe other processed objects at the time ofprocessing. The customer will store thenew object for us with due care and attentionfree of charge.9.4 If the value of all security interests weare entitled to exceeds the amount of allsecured claims by more than 20%, we willrelease a corresponding portion of thesecurity interests at the written request ofthe customer.9.5 The customer shall inform us withoutdelay in case of garnishments, confiscationsor other court orders or interventionsby third parties.9.6 If the customer violates contractualobligations, particularly if the customer is inpayment default, we shall be entitled, afteran appropriate deadline that we set for thecustomer to make payment lapses withoutsuccess, to withdraw from the contractand demand the return of our goods. Thelegal provisions regarding the dispensabilityof setting a deadline shall remain un -affected. The customer shall be obligatedto surrender the goods.10. Warranty for defects. The customershall be entitled to warranty claimsunder fully commercial business transactionsonly if he has discharged his obligationsin respect of examination andnotification of defects without delay and asprescribed by Section 377 of the GermanCommercial Code (HGB). Any defects inthe purchased goods for which we areresponsible shall be repaired or a replacementsupplied, at our discretion. The warrantyrefers to the condition of the goodsupon delivery. Subsequent damage due tonormal aging, wear or excessive use is notcovered by the warranty.Liability for harm to life, limb and health dueto a culpable breach of obligations by us,one of our legal representatives or one ofour agents shall neither be excluded norlimited. We shall be liable for such harm onthe part of our contractual partner only ifsaid harm was due to an intentional orgrossly negligent breach of obligations byus, one of our legal representatives or oneof our agents. If we caused the harm onlydue to simple negligence, we shall be liableonly if the harm was due to a violation ofkey contractual obligations, limited to theharm that is reasonably foreseeable andtypical for this type of contract.Further claims by the customer shall beexcluded, irrespective of their legalgrounds. The exclusions of liability shallalso apply in all cases to consequentialdamage. The above exclusions of liabilityto not apply to claims based on the ProductLiability Act.11. Returns. Perfectly packaged goodsfrom the current catalogue which do notrequire any further processing will be creditedwith a deduction of up to 20% of thecorresponding order value.12. Dimensions and weights. Thedimensions, drawings and illustrationscontained in offers, brochures, cataloguesand price lists shall not be binding and maybe modified by us without further notice. Alldimensions are quoted in mm and allweights in g.13. Special manufacture. In the case ofspecial manufacture, we reserve the rightto deliver up to 10% more or less. Ordersfor special products cannot be cancelled.The same provision shall also apply toseries production articles if they wereordered with a special symbol or specialmarking.14. Place of performance and jurisdiction.The place of performance fordeliveries and payments shall beSchonach/Schwarzwald (Germany). Alldisputes arising from the business relationshipshall be referred to the court underwhose jurisdiction Schonach falls.Subject to technical changes.All illustrations and graphics, specifieddimensions and values andreferences to standards, e.g. DIN/EN,are non-binding. Any liability claimsbased on this will therefore be rejected.No liability claims will be acceptedfor printing errors and mistakeswhich have occurred during theproduction of the catalogue.All property rights to the catalogueheld by Wiha Werkzeuge GmbH arereserved. The printing or copying ofthe texts and illustrations containedin this catalogue or its design is prohibited.Our General Terms and Conditions(Terms of Sale, Delivery and Payment)apply.301