Chritol!ne Terms of Delivery and Payment
1. All offers are subject to order confirmation by the seller. The issue of a new catalogue and/ or pricelist renders previous ones invalid. Unless agreed otherwise accepted orders will be executed at the prices and the terms listed in the current price list. Confirmed orders with a delivery time exceeding 6 months, as agreed in the contract or if the delay is due to circumstances which are outside of the control of the seller, will be executed on the sales prices which prevail at the date of delivery.
2. The buyer agrees to the seller’s terms of delivery and his terms of payment when placing the order. Purchasing terms of the purchaser do not invalidate the terms of the seller irrespective as to whether the seller repudiates the purchaser terms or not.
3. The buyer bears the risk of transport this also applies where the seller has agreed to bear all transport charges. Unless special transport terms have been agreed the method of transport will be at the discretion of the seller. A transport / marine insurance will only be affected on the stated request of the buyer and the cost of such insurance is to be borne by the purchaser. All selling prices are “ex-factory” prices unless agreed otherwise.
4. All prices include the costs of packing.
5. All quoted delivery times are based on careful planning and are permanently supervise they are, however, only estimated and can therefore deviate up to 4 weeks from the date that has been quoted in the contract.
6. A deviation of plus or minus 15% of the ordered quantity must be accepted by the purchaser for all items which are not stock items but are manufactured on the request of the buyer.
7. Terms of payments must be agreed between the buyer and the seller.
8. Complaints with regard to defective goods or incomplete delivery must be stated in writing within ten days from receipt of the goods and such statement must be made prior to the assembly with other components and/or further resale of the goods in question to third parties. The seller undertakes to repair at his costs and at his works the defective items, unless the seller decides at his discretion to replace or to credit the purchase price to the buyer, always on the assumption that the seller accepts the responsibility for the defective goods. Claims will not be entertained unless the defects are reported within the stated time limit and such report must be accompanied by a report which details the nature of the defect. Defective goods must be returned free-of-charge to the seller. The seller has the right to demand the submission of such defective items for the purpose of checking the functioning of the complained items. Such items have to be returned free of charge to the seller within 10 days. The seller is not liable for losses that arise in consequence of:
a) Employment of the goods for purpose which are alien to their intended purpose.
b) Faulty handling and/or the faulty application of the goods by the buyer of a third party.
c) Improper usage of working materials such as unspecified lubricants etc.
9. Unless agreed otherwise all contracts are subject to jurisdiction of German law and the District Court of Reinbek/Hamburg shall be the competent court for all legal actions.
10. All goods offered by the seller are goods which are offered for purpose of being used as spare parts. All given reference numbers are solely for identification purposes.
11. Drafts and / or cheques issued by the buyer are only credited after same have been cleared by the relevant Banking Institutions of the buyer.
12. Claims for damages on the basis of information in our house catalogue cannot be recognized.
13. According to date protection act we point out to the fact that we have stored data of you and will also process these data.