AGB

General Terms and Conditions of Sale and Delivery

Scope of application
All quotations and orders shall be non-binding and subject exclusively to the Terms and Conditions of Sale and Delivery set out below.The buyer’s own terms and conditions shall have no effect, insofar as they vary from our own, even if we do not expressly oppose them. Once an order has been received, the buyer shall have ten days to withdraw from the resulting contract without having to give a reason. Such withdrawal cannot be used as the basis for any claims.

Prices and terms of ayment
Our price calculations are based on the currently applicable price lists or the corresponding quotation issued for a particular item. Initial deliveries and those completed outside the Federal Republic of Germany require advance payment in all cases. All invoices are otherwise to be settled immediately and net (without discount). All prices are shown ex works, carriage forward and in euros, subject to value added tax (VAT) at the applicable rate. In the event of delayed payment, we shall be entitled, at our discretion, to charge either specific compensation for such delay or interest at 3% above the current base rate of the European Central Bank. In the latter case, the customer shall be responsible for demonstrating that interest is either not due or due only at a considerably lower rate. We shall be entitled, in the event of any deterioration in the buyer’s financial situation, to demand settlement before the expiry of the agreed payment period, and to withhold any deliveries that might be outstanding or withdraw from the agreement. The contractual terms of payment shall remain valid in the event of any claims being made.

Reservation of title
We shall retain all legal title to goods delivered and items prepared for despatch until payment has been received in full. While our claim to title remains in force, the buyer shall have no right to use the items that we have supplied as security or to pledge them to any third party. We are to be notified immediately of all and any third-party pledges or claims. The buyer shall bear the cost of all and any interventions that might be required in such cases.

Liability
We shall under no circumstances accept liability for the use for general or specific applications of products supplied by us. Such liability can likewise not be implied by or inferred from our information literature, instructions for use or written correspondence. The buyer shall under no circumstances be excused its duty to verify that our products are suitable for the proposed purpose or application.

Despatch and delivery
Delivery dates confirmed by us, whether orally or in writing, refer to the date of despatch from our premises. Our obligation to deliver shall be waived in the event of force majeure, plant breakdowns and/or delays in delivery on the part of our own suppliers, along with incidents arising from strikes or lockouts. Despatch shall be carriage forward, ex works and at the customer’s risk. Transport insurance shall only be supplied at the buyer’s request and at the buyer’s expense. Claims for loss or damage due to delayed delivery are hereby excluded, unless such delays arise from wilful misrepresentation or gross negligence on our part.

Guarantee
Our products have been tested in accordance with EU guidelines EN 60598. Failing this, the requirements of the statutory warranty periods shall apply. Consumables excepted.

Complaints
Justified complaints and claims can only be accepted at the moment of delivery or within eight days of delivery and before the items concerned have been used in any other process. Claims must include full details of the fault or anomaly concerned. The seller reserves the right, in the event of a justified claim, to provide at its own discretion either a reduction in the purchase price or cost-free return and replacement of the item or items concerned. The extent of the seller’s liability shall under no circumstances exceed the purchase price cost of replacing defective items. Returns can only be accepted if there is prior written agreement to that effect.

Place of performance and legal jurisdiction
The place of performance for delivery, payment and any claims or complaints that might arise shall be, for both parties, the town of Hilter (Germany). The place of legal jurisdiction shall be Bad Iburg, Germany. This provision shall likewise apply to all and any claims arising from the settlement of bills of exchange or cheques.

Amendments to the agreement
The placing of an order confirms acceptance of our terms of delivery and payment. All and any alterations or amendments to these terms and conditions require our written confirmation before they can apply. The possible invalidity of an individual part of the agreement shall have no effect on the legal power of the document as a whole.

Firma SOMMER® GmbH
Eisenbahnstraße 20 - D-49176 Hilter
Tel.: +49 (0) 5424 / 2212 - 0
Fax: +49 (0) 5424 / 2212 - 12
E-Mail: info@coustico.de

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