General Terms and Conditions RUFF GmbH
All Quotations are until final acceptance without engagement, so far they are not specifically and temporary explained for legally binding considering existing price regulations).
2. ORDER AND CONTRACT
Verbal arrangements and special agreements, as well as order acceptances have only so far validity, as legal sign confirmation effected. The order confirmation is only mandatory, if this General Terms of Sale thereby as a component of the contract to be recognized. The General Terms of Sale are downloadable as pdf file from our web page at any time. Its formulation could be affected from mistakes. Later occurring, force majeure which can not be foreseen, releases us of the execution of the order. Contradicting order conditions are recognized only when written confirmation is given by us and do not release of the purchase obligations.
3. DELIVERY TIME
The delivery time indicated by us, are as most exact as possible, but without obligation. In case of delay the client is not entitled to apply Â§Â§ 325 and 326 Civil Law Code (BGB). We do not recognize other conditions without legal agreement in the case of each order, unless otherwise stated in written forms and confirmed.
4. SHIPPING AND PACKING
The packing happens appropriately and carefully. The dispatch of the goods takes place on calculation of the client, on each danger when leaving the plant premises, equal to DDU, FOB or CIF-delivery are agreed upon. When the goods are ready for dispatch, handover to railway, post service, forwarder, courier the supply is considered of out as carried out.
Transport insurance takes place only on express desire of the client. If there is none direct mode of shipment and no certain transit period prescribed, we will make the dispatch after best discretion, debited and to the danger of the client. We can not be made responsible for delays and extra costs of the transport. We reserve ourselves the right, to dispatch only against cash on delivery or prepayment.
Measure, weight, power, turn und current consumption data are approximately and just like the picture without exact commitment.
6. PRICES AND SETTLEMENTS
Prices apply to deliveries ex works, excluding shipping and packing in EURO, unless otherwise stated in written forms and confirmed. Goods which are ready for delivery, will be charged. Any partial delivery forms a legal transaction for itself.
Price agreements are not considered as binding. The necessity for a price increase can be generally caused through the increase of personnel, commodities, and delivery costs.
Dates of payment require a previous written agreement. It is valid as receipt of payment, the day of the credit note on our bank account. cceptance of cheques and drafts takes place under usual reserve. If there is a delay in the payment, we can charge and occur a delay interest of 3 points over the present Euribor interest rate.
The preventing of payments because of any of the supplier not agreed counterclaims of the orderer is not permitted, likewise the compensation with such.
8. RESERVATION OF PROPRIETARY RIGHTS
We reserve ourselves property right up to the fulfilment all – even from earlier or later business – due requirements.
With appropriate use and maintenance we are liable for defects of the supply, among those also the absence of assured characteristics, under exclusion of further requirements (in particular guarantee claims) in such a manner, that we, within 12 months for all European Union countries (with day and night operation within 6 months) or rather 6 months (with day and night operation within 3 months) for all other countries, will remedy free of charge all demonstrably due to incorrect design, bad construction materials or unsatisfactory execution arising errors, by returning of the supply to our factory at our expenses.
A condition for it is, an immediate written message, the fulfilment up-to-date of the contract and of payment liabilities of the client, and an appropriate period. Changes and repairs accomplished by unauthorized persons cancel our liability. As assured only such characteristics are considered, which are confirmed by us expressly in writing or have been unequivocally recognizable.
The right to withdraw from the contract is only foreseen in case of failure of assured characteristics, which latter fulfilment is impossible for us, and only if an already supplied article has been returned to us intact immediately, at the latest in period of one month after supply, In case of delay of unconfirmed orders the client does not have the right to withdraw from the contract. We keep also the right to withdraw from the contract, as far as we later state, not to be able to fulfil it.
For the attention of locally more conditionally accident prevention, setting up and connection regulations and rules outside of the CE-guideline (in at the present valid version) the fitter and user carry the exclusive responsibility. All other requirements of the client, in particular on compensation for indirect damages, consequential losses, consequential damages or losses like for example loss of earnings, loss of use, loss of productivity, working capital costs or costs which are connected with an operating interrupt, hereby in each case and under all circumstances are excluded.
10. LEGAL STATUS
Place of performance for supply, payment and execution is Grafing. Exclusive area of jurisdiction is Ebersberg.
This version comes into force immediately and replaces with it any past General Terms of Sale.