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Standard Terms and Conditions PDF Print E-mail

Standard Terms and Conditions of Lavair AG Klimatechnik

§ 1 Formation of sales contract

(1) All contracts require written confirmation by the vendor. The sales contract is only valid subject to this confirmation. The contract is based exclusively on the content of the letter of confirmation.
(2) Oral agreements or agreements made by telephone, telegraph or facsimile are only binding subject to subsequent written confirmation.

§ 2 Carriage – acceptance of goods

(1) The carriage of the goods from the point of dispatch shall be paid by the buyer. The route and mode of shipment shall be at the vendor’s discretion.
(2) If a carriage-paid delivery is agreed, the buyer does not have to pay freight or incidental costs.
(3) Any increase in the freight costs resulting from a subsequent change to the type of packaging, shipping route, etc. shall be borne by the buyer. Reductions of the freight costs resulting from a subsequent change to the place of destination or other influencing factors shall not be reimbursed.
(4) If goods from the manufacturer’s warehouse are reserved for the exclusive use of the buyer or sold for production without a shipping destination (blanket order), they must be accepted by the buyer within 6 weeks after advice of completion.
(5) Transport insurance and other goods insurance obligations shall be assumed by the buyer.

§ 3 Transfer of risk

The risk shall be transferred to the buyer as soon as the goods leave the manufacturer’s factory, even if a carriage-paid delivery is agreed.

§ 4 Delivery period

The delivery period shall commence on the date of dispatch of the order confirmation (post mark) and end on the date when the goods leave the factory (outgoing stamp) unless fixed delivery dates have been agreed. If the buyer requires an amendment to the contract after the issue of order confirmation, the delivery period shall not commence until this amendment has been confirmed.

§ 5 Notice of detect

(1) The goods must be inspected immediately on arrival at the place of destination and must be handled with due care and attention.
(2) If this inspection is not performed, the vendor shall be released from all guarantee obligations with respect to defects.
(3) The quality of the goods shall be deemed to be approved if no notice of defect is received by the vendor within 10 working days after receipt of the goods at the place of destination.
(4) If the goods are defective, the buyer is entitled to demand an abatement of the purchase price (reduction) or the delivery of fault-free goods in return for the faulty goods. All other guarantee claims of the buyer are excluded.

§ 6 Force majeure

In the event of circumstances beyond the vendor’s control which prevent him from delivering the goods, e.g. Acts of God, strikes, industrial action, raw material shortages, war, shipping bans, intervention by state authorities, etc., the vendor’s obligation to deliver shall be suspended for the duration of the relevant hindrance. In this case, the buyer is not entitled to claim compensation from the vendor.

§ 7 Delayed acceptance by the buyer

(1) If the buyer delays acceptance of the duly delivered goods, the vendor can, after fixing a reasonable period of grace (at least 10 days) withdraw from the contract or demand compensation on the grounds of non-fulfilment.
(2) If the event of delayed acceptance, the vendor is also optionally entitled to supply identical goods within a reasonably extended delivery period and subject to the agreed terms.

§ 8 Term of payment

Unless otherwise specified in the contract, the following payment schedule shall apply:

10 % of order value on award of contract
20 % at start of production
65 % on delivery
5 % following acceptance by the customer

If the payment deadline is exceeded, the vendor is entitled to charge interest on arrears from the due date onwards at the statutory annual rate (but no less than 2 % above the relevant bank rate of the German Central Bank). The agreed terms of payment must still be observed even if guarantee claims are asserted.

§ 9 Deterioration of buyer’s credit status

Should the buyer’s credit status deteriorate during the period between receipt of order confirmation and delivery, or should the vendor subsequently learn of any doubt surrounding the buyer’s ability to pay, the vendor is entitled to demand payment prior to the agreed due date, withhold outstanding deliveries or withdraw from the contract.

§ 10 Payment of the purchase price

(1) All charges for the transfer of the invoice amount to the vendor shall be assumed by the buyer. The vendor shall not be liable for ensuring the prompt submission or protestation of bills, cheques or other papers issued for payment purposes.
(2) The risk involved in the transfer of the invoice amount to the vendor or paying agent specified by the latter shall be borne by the buyer.
(3) The buyer’s obligation to pay the purchase price shall not be deemed to be fulfilled until the amount is received by the vendor or paying agent specified by him or credited to his bank or giro account.

§ 11 Reservation of title

The delivered goods shall remain the property of the vendor until all primary and secondary obligations of the vendor arising from his contract with the buyer have been fully discharged. This shall also apply in the case of goods already sold or processed by the buyer. The buyer shall assign to the vendor all claims to the sold items up to the amount of the purchase price. The buyer must keep the goods safely until they have been fully paid for and must ensure them sufficiently at his own expense against theft and fire.

§ 12 Place of fulfilment and court of jurisdiction

The place of fulfilment for all obligations arising from the supply agreement and the legal venue for all disputes arising therefrom shall be Aach.

§ 13 Invalidity of other clauses

Should any provision of these standard terms and conditions be or become invalid, this shall not affect the validity of the other provisions.