General terms and conditions of delivery and payment
1. General
The following terms and conditions are valid for the complete business relation with our customer. The customer accepts all terms and conditions obligatory for the existing contract. Any differing agreement needs our written confirmation.
The customer is not allowed to claim any of his own purchasing specifications. These also cannot become terms of the contract by reason of our silence or our delivery.
2. Offer and delivery
Our offers are not binding.
The execution of an order is carried out according to provisions of the models, Illustrations, specifications written in block letters and other documents of the seller. Our products always change and improve due to further development. If this happens after conclusion of a contract, the seller is allowed to deliver the changed version of the product. In addition to that the seller is authorised to change illustrations/specifications, colours, and details concerning measurements, weight and quality, as long as that is economically reasonable for both seller and buyer.
The time of delivery will be delayed immediately as long as completion or delivery of the product is constrained due to circumstances caused by the buyer or other unforeseen circumstances. Following circumstances and obstacles are meant: force majeure, industrial dispute, lack of employees energy, or material, as well as traffic congestion, problems with delivery of the primary material, any kind of breakdown caused by water, fire or machinery breakage, official decree and any other circumstances. It does not matter if they happen at the buyer’s or seller’s side.
The product is delivered in time when it was sent or the buyer was informed about the collection before the deadline.
The seller has the right to partial deliveries and partial invoicing.
If the buyer is overdue with payments of a previous delivery, we are authorised to withhold the present delivery without being obligated to pay for any kind of compensation, which can be caused by that.
The minimum orderamount is 50,00 €. If it is less than 50,00 € a surcharge will be invoiced.
3. Dispatch and acceptance
In case the buyer does not issue a written instruction concerning the dispatch in time, the seller will choose mode and route of dispatch according to custom and usage. In this case we assume no liability for fastest and cheapest shipment.
The buyer accepts the following obligations: the obligation of examination, acceptance and notice in case of defects. The merchandise has to be checked by acceptance. If any damage or loss can be detected from the outward appearance of the good, the buyer has to induce a recording of facts by the carrier and has to inform the seller about that immediately. Any other obvious complaints (like defect, wrong delivery and shortfall quantity) have to be notified in writing by the seller within one week after acceptance of the merchandise.
4. Liability for defects
For defects including missing but warranted features the seller is liable as follows:
Defects that occur within 12 months after delivery and could be detected during passing of risks have to be repaired or replaced by the seller free for charge. Exchanged components pass into the ownership of the seller. If rectification of a defect or replacement fails, the buyer has the right to a reduction of payment or a cancellation of the contract.
If a defect is detected, the seller has to be informed about it in written form immediately. In addition to that he has to be allowed enough time and opportunity to repair the defect. If he does not get appropriate time for that, he is relieved of seller’s warranty. The seller is authorised to realise the repair of a defect by a third party.
The seller is not liable for defects that are caused by natural wearout, faulty usage or handling, excessive workload, incorrect interventions by the buyer or a third party, or electrical and any other impacts
Any other damageclaims by the buyer, irrespective of legal basis, are excluded. Claims exceeding replacement of rejected goods, like consequential damage, generally will not be accepted. Just in case of rough guiltiness or missing features that were guaranteed.
5. Prices and Payments
Deliveries are calculated in €. All prices are quoted ex works Essen also including costs for dispatch. VAT (value added tax) is charged separately in the lawfully prescribed amount. Calculation is carried out at prevailing prices by the day of delivery.
Payment is to be made by bank transfer, in cash or by cheque at the seller’s pay office. Payment is effected as soon as the seller has the complete amount at his disposal. Bill of exchange, cheques and any other means of payment are accepted on account of performance. Bill-discount and bank charges are placed to the debit of the buyer. The payment is due within 30 days after invoice date. Deductions are not allowed even if previous debts of former deliveries are still left. If delay of payment takes place the seller is allowed to charge interest in the amount of 5% from a consumer and 8% from a company according to ESB § 1 discount- transition law; proof of a bigger damage is reserved. The buyer can claim the right of retention only if it is based on the same contractual relationship. He shall be entitled compensation in case of acceptance of counterclaim by the seller or determined with legal capacity.
Our offered prices do not contain installation costs. If installation needs to be done by us, the buyer will be charged for occurring costs.
Invoices for repairs contain net price. Any kind of deduction, even discount, is not possible/allowed.
6. Reservation of proprietary rights
The seller reserves the right of ownership of the delivered good until complete payment is made and any other claims of the existing business connection are fulfilled. The buyer has to mark the good as reserved property of the supplier and has to store it separately. The reserved property cannot be pledged, assigned for reasons of safeguarding or burdened by rights of a third party. The buyer is authorised to resell the good or to connect it with other movable things in the business. He also has to make sure that the reservation of the seller’s proprietary rights persists. The buyer is obligated to maintain the quality of property and to insure it against all common risks. The buyer has to prove the insurance on demand of the seller. He also has to inform the seller immediately about any kind of damage. In the event of damage the buyer tansfers a title to insurance benefits or benefits of a third party to the seller immediately, who accepts the transfer. If payment delays and grace period notification takes place, or defaulting, the buyer is obliged to give the reserved property back to the seller. The buyer is charged for any costs this may cause. The seller is authorised to sell the reserved property for an appropriate price or to take it over.
7. Data security
The seller is authorised to use and to save all relevant information of the buyer for own purposes. Personal data of the buyer is used according to the data privacy act of the teleservices as well as the Federal Data Protection Act in order to fulfill the contract of purchase. To perform all rights and duties of the sales agreement, the seller is entitled to transmit all personal details to a partner. In addition to that data can be given to the Schufa and other information services for purposes of credit assessment.
8. Jurisdiction
All disputes arising from the existing contractual relationship are subject to jurisdiction in Essen even in case of resignation. All rights of the German Federal republic are valid, Uniform Law on the International Sale of Goods is excluded.
9. Validity
If one of these terms and conditions cannot be implemented – for whatever reason- all remaining terms and conditions are still valid.
BUCHI Labortechnik GmbH
Het Tasveld 30
3342 GT Hendrik-Ido-Ambacht
Netherlands
Tel. 078 684 94 29
Fax 078 684 94 30
E-Mail netherlands@buchi.com
www.buchi.nl