PRODUKTKATALOG PRODUcT cATALOG ... - Fisch-Tools
PRODUKTKATALOG PRODUcT cATALOG ... - Fisch-Tools
PRODUKTKATALOG PRODUcT cATALOG ... - Fisch-Tools
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1. offers<br />
orders<br />
order acceptance<br />
Offers, orders and other agreements<br />
are generally subject to our conditions<br />
of sale. These conditions are also valid<br />
when orders are taken or deliveries accepted.<br />
Undisputed order con-firmations<br />
are considered officially accepted. Other<br />
conditions set forth by business partners<br />
are invalid, even without our express objection.<br />
Offers are subject to change until<br />
confirmed by us. We retain the right to<br />
sell articles from the warehouse which<br />
were offered or agreed to.<br />
Changes in information in printed literature<br />
are permissible as long as the<br />
information is not noted as binding by<br />
us. An order is considered accepted<br />
when it is either confirmed in writing<br />
by us or the items delivered immediately<br />
without written confirmation. Later<br />
changes require our written confirmation<br />
or permission. The customer assumes<br />
responsibility for the accuracy of materials<br />
provided (such as sketches and<br />
drawings, samples, instructions, etc.) as<br />
well as conditions of use. Verbal statements<br />
con-cerning measurements, etc.<br />
require written confirmation. Samples<br />
will be delivered against payment. Offers,<br />
correspondence, order confirmations, or<br />
other samples or documents remain our<br />
property, may not be misused and are<br />
subject to copyright laws. Reproductions,<br />
imitations or transfer are not permitted.<br />
Design changes and changes due to<br />
progress and development remain our<br />
right.<br />
2. prices<br />
Prices are understood to be, if not otherwise<br />
negotiated, in Euro, including packaging,<br />
ex St. Josef, free Austrian border<br />
or F0B German port. Postage and insurance<br />
are not included. The same applies<br />
to partial shipments. We have to charge<br />
a service fee of EUR 10,00 up to an order<br />
amount of EUR 100,00, and a service fee<br />
of EUR 5,00 for any orders in the amout<br />
between EUR 100,00 and EUR 150,00.<br />
If additional shipments are necessary<br />
because of shipments to a second address,<br />
we have to charge the additional<br />
shipment cost. The confirmed<br />
prices are valid up to 2 months from the<br />
date of order confirmation. Other-wise,<br />
prices in effect on the date of delivery<br />
are valid.<br />
3. delivery<br />
The buyer agrees to partial shipments<br />
and, in the case of custom orders, to<br />
reasonably sized deliveries, whether too<br />
small or too large, provided no other a<br />
reements have been made. Each partial<br />
delivery is considered its own business<br />
transaction subject to the conditions of<br />
sale. Order cancellations or returns require<br />
our written permission. The buyer<br />
agrees to reim-burse us for expenses<br />
incurred. <strong>Tools</strong> may be returned only with<br />
our permission. The cus-tomer agrees to<br />
the assessment of a reasonable fee for<br />
tools returned for repair or improvement.<br />
Custom-made tools cannot be returned.<br />
Shipments are generally made at the expense<br />
and risk of the customer.<br />
4. delivery time<br />
Delivery times are quoted without obligation.<br />
The delivery period begins with an<br />
order con-firmation or the finishing of<br />
specially made tools. Reasonable delays<br />
in delivery do not give the buyer any right<br />
to damages, replacement purchases,<br />
claims against purchases or release<br />
from the contract. Events due to ”Acts of<br />
God“ such as work interruptions, strikes,<br />
lockouts, lack of raw material, high reject<br />
percentages, etc. free us from our delivery<br />
obligation for the length of the problem<br />
as well as its consequences. Such<br />
events also give us the right to cancel a<br />
contract, postpone delivery or to partially<br />
cancel agreements already made with no<br />
right to claims on the buyer‘s part. The<br />
same applies to late or incorrect deliveries<br />
by subcontractors. These delays in<br />
delivery are not the responsibility of the<br />
supplier even if they happen during an<br />
already existing problem.<br />
5. payment terms<br />
Our invoices are payable within 30 days<br />
net of the in-voice date. Repairs are pyable<br />
immediately.<br />
Checks and drafts are accepted, but are<br />
considered payment only after having<br />
cleared. Dis-counts and collection fees<br />
are the responsibility of the presenter<br />
and are payable immediately. In case<br />
of late payment we are entitled to collect<br />
costs and normal bank interest or,<br />
should the customer‘s situation change,<br />
to payment in advance or COD delivery<br />
or, to nonfulfillment of contracts entered<br />
into. In case of inability to pay, we are<br />
to be informed immediately. Deliv-ery<br />
to companies unknown to us are made<br />
COD. Withholding payment or disputed<br />
amounts on the part of the customer is<br />
unlawful.<br />
6. right of ownership<br />
merchandise returns<br />
Delivered merchandise remains our<br />
property until complete payment of all<br />
claims is made. As a reseller the customer<br />
has the right to sell this merchandise<br />
within the framework of normal business<br />
practice while protecting our rights and<br />
interest. Pawning or mortgaging of goods<br />
is not allowed. The seizure of goods yet<br />
belonging to us, i. e. those goods where<br />
we retain right of ownership, must be<br />
communicated to us immediately. In<br />
case of delay or actions contrary to this<br />
contract, we retain the right to repossess<br />
all of our merchandise, i.e. those goods<br />
where we retain ownership, without explanation.<br />
Returned merchandise will be<br />
sold where possible and credited acco<br />
dingly to the customer‘s account.<br />
7. warranty<br />
construction<br />
We guarantee the delivery of tools free of<br />
defects in workmanship and quality, and<br />
guarantee technical precision as long as<br />
they are used according to their usual<br />
function or according to individual conditions<br />
as explained to the buyer. We do<br />
not assume any responsibility for hid-den<br />
defects (defective materials, etc.) which<br />
are outside our influence, or for normal<br />
wear and tear, changes by third parties or<br />
unusual application, use or repair. Notice<br />
of defects must be given in writing imediately<br />
or at the latest within 10 days of<br />
invoicing. Subsequent claims will not be<br />
honored. In the case of unrecognizable<br />
defects, written notice must be given immediately<br />
upon discovery.<br />
We decide whether recognized claims<br />
will be handled by repair or replacement.<br />
We accept no responsibility for<br />
subsequent damage claims. Withholding<br />
full or partial payment against war-ranty<br />
claims or claims not honored by us is not<br />
permitted. We are not responsible for any<br />
kind of damages. The warranty period is<br />
three months.<br />
We retain the right to change design or<br />
materials as dictated by technical progress.<br />
Catalog pictures and other descriptions<br />
are therefore without obligation. In<br />
the case of custom-made milling and<br />
drilling tools with exceptionally long<br />
shafts, no guarantee is made by the<br />
seller.<br />
8. place of delivery<br />
jurisdiction<br />
law<br />
Place of delivery and payment is St.<br />
Josef. Place of jurisdiction is Graz. Only<br />
Austrian law is applicable. However, we<br />
retain the right to sue at the customer‘s<br />
domicile.<br />
9. miscellaneous<br />
Reproduction of this catalog, either in<br />
part or entirety, is not allowed. Exceptions<br />
require our advance written permission.<br />
Should individual clauses/points in this<br />
agreement become invalid or change,<br />
the remaining content is still binding.<br />
general conditions of sale<br />
gENEral<br />
coNDItIoNs<br />
of salE<br />
registration number of our<br />
company: FN 69615a<br />
manager:<br />
Ing. Andreas Eberhard<br />
Mag. Christoph Riegler, Bakk.<br />
uid-nr: ATU27317506<br />
ara no.: 3359<br />
stand: As at January 11th, 2012<br />
Misprints and Errors excepted<br />
Johann Eberhard Ges.m.b.H.<br />
201