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Terms & Conditions of Trade:
Terms & Conditions of Trade:
Delivery will only occur according the following terms & conditions of trade. Other regulations on behalf of the customer will only be accepted upon agreement of both parties. These terms also count for the repair of the delivery. Additional agreements, changes and modifications of contract are subject to written confirmations by the Boehm Stirling-Technik e.K. company.
Prices:
Only the newest prices are valid. Upon shipping, postage and freight expenses will be charged extra. If an interval of 4 months between order and delivery is the case, the newest prices are valid, if a price increase is not unreasonable.
Delivery:
Listed dates of delivery are non-binding. In case delivery has not occurred within 6 weeks after the non-binding date of delivery, the customer can impose the Boehm Stirling-Technik e.K. company to deliver within a fair time period (per writing) with the notice that the commodity will not be accepted after this period. Upon damage by delay of delivery and/or damage by non-fulfillment, liability of the Boehm Stirling-Technik e.K. company upon buoyant negligence is limited to 5% of the commodity price.
Consignment and Hazard Assignment:
Upon shipment, the customer accounts for payment and accomplishment hazards of commodities via the haulage contractor or via the person responsible for shipment contracting. This also counts for freightless delivery. If demanded by the customer, Boehm Stirling-Technik e.K. is obliged to contract insurance at customer’s cost.
Payment Conditions and Right of Ownership:
All deliveries are to be paid (net cash) within 10 days beyond the date of invoice. Repairs are due to payment hence the day of issuance. For deliveries, Boehm Stirling-Technik e.K. determines payments to be cash on delivery. The delivered commodity stays in ownership of Boehm Stirling-Technik e.K. until the customer has solved all debt claims. The customer can only forward the reserved commodity in a proper business process in case of an ownership right. Under this circumstance, the customer is obliged to carry the debt claim upon forwarded sales to Boehm Stirling-Technik e.K..
Further Ownership:
The preserved product remains my property up to the entire payment. It is worth in every case the enlarged retention of title for the purposes of Civil Code. By wide disposal of the property without payment balance the property nachwievor with Böhm remains a Stirling technology e. K. Only after entire payment balance, (also with the third acquirers) the entire property goes over only then to the third. The same one is also valid, if no direct legal business between Böhm Stirling technology e. K. and the third exists. Legal venue and place of fulfilment for both parts is Neustadt/Aisch.
Acceptance:
Should the customer not acquire the commodity, Boehm Stirling-Technik e.K. is then eligible to give the customer an extended 14-day deadline (per written statement) with the notice that the commodity will not be able to be accepted thereafter. Boehm Stirling-Technik e.K. is then authorised to demand damage claims worth 20% of the agreed commodity price. This percentage is to be verified depending on whether Boehm Stirling-Technik e.K. is able to prove a larger damage or the customer a smaller damage.
Guarantee:
Boehm Stirling-Technik e.K. accounts for a faultless state of the delivered commodity during 6 months after delivery. This term is valid for self-fabricated products and products of other fabricators. The customer is then obliged to claim damage or flaws immediately after detection - personally or per written statement - among enclosure of the faulty commodity. Should repair or improvement not restore perfection, faulty cannot be corrected, or repair is not to be expected by the customer, the customer is eligible to cancel the contract or demand price decrease. Replacement delivery is not possible. Other claims, especially those related to damages, will not be taken in consideration - if legislated by law. Damage claims subject to other objects other than the agreed commodity are void, except when Boehm Stirling-Technik e.K. is purposely responsible for gross or light negligence that has lead to a faulty state. Boehm Stirling-Technik e.K. is not obliged to responsibility or to act in favour of a guarantee under the following circumstances:
The customer did not convey faulty state or inform Boehm Stirling-Technik e.K. of faulty state.
The customer did not give Boehm Stirling-Technik e.K. the opportunity to repair or correct the commodity, or the commodity was not handled with reasonable care.
The commodity was already repaired in a different store or trial of repair was initiated in general.
The customer tried to repair the commodity by himself after it was delivered, or made prohibited changes of any kind.
The customer did not abide by the instruction manual.
In case clause 4 of the guarantee enactment tends to be situation after Boehm Stirling-Technik e.K. has inspected the claimed commidity, the customer is then obliged to replenish the hours of work and material expenses derived thereof.
Court of Jurisdiction:
For all current or future claims with regards to correspondence and business with qualified business units or persons including check and allowance claims, the Court of Jurisdiction lies in the county of the tradesman (seller). Court of Jurisdiction is also valid when the customer does not have a general, national Court of Jurisdiction, his residence or usual location is being changed or shifted during contract settlement, or his residence is not known at the time of complaint/suit. Claims on behalf of Boehm Stirling-Technik e.K. against the customer are applicable to the customer’s Court of Jurisdiction.
Send the article back to delivery-Address:
Boehm Stirling-Technik e.K.
Werner-von-Siemens-Str. 2
D- 91413 Neustadt a. d. Aisch
Germany
Tel. Nr. +49-9161-1808
Fax Nr. +49-9161-1560
info@stirling-technik.de
In the cause of sending back the article, please perpare it carefully and baggage it very good.
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