General Terms And Conditions
Terms of Service
General terms and conditions of sale and delivery of Vector Welding Technology GmbH
I. Scope of application
These General Terms and Conditions apply to the sale of products and services offered by Vector Welding Technology GmbH. The customer's terms and conditions are expressly contradicted, insofar as these have not been expressly acknowledged. This also applies if Vector Welding Technology GmbH does not expressly object to this again
II. Offer and order
Offers from Vector Welding Technology GmbH are free. A contract shall be concluded only by written confirmation of order. Written and verbal agreements become effective only by written confirmation by Vector Welding Technology GmbH. Changes and supplements to the written contractual documentation of Vector Welding Technology GmbH also require the written form.
III. Delivery and performance
All deliveries, sales transactions and services within the scope of the business relations shall be subject to the terms and conditions of Vector Welding Technology GmbH. The offers of Vector Welding Technology GmbH are non-binding and free of charge and require a written order confirmation. Deliveries shall be made as far as legally required and contractually agreed, subject to approximate delivery times. Delivery times are complied with, if Vector Welding Technology GmbH can not send without fault in time.
Vector Welding Technology GmbH reserves the right to use property rights and copyrights to the full extent without prejudice to cost estimates, drawings and other documents. Documents may only be made available to third parties with the prior consent of Vector Welding Technology GmbH. Drawings and other documents, if any, shall be returned upon request. This applies accordingly to the documents of the buyer. However, these may only be made available to third parties if Vector Welding Technology GmbH has allowed the delivery / service to be permitted.
The prices stated by Vector Welding Technology GmbH are valid for delivery without installation or assembly ex works plus applicable VAT and freight costs. The prices stated in the offer are authoritative and shall be valid as of the date of the delivery valid prices of the price list Vector Welding Technology GmbH as amended from time to time. VAT, freight, insurance and other incidental expenses are charged separately.
Vector Welding Technology GmbH is entitled to make price changes. The goods are shipped in appropriate packaging. The commercial customer has to conclude a separate transport insurance. Vector Welding Technology GmbH is governed by the provisions of the VDE (German Association of Electrical Engineering, Electronics, Information Technology), which become a contract component.
The invoices of Vector Welding Technology GmbH are immediately due and payable; unless otherwise agreed. In the event of a delay in payment, Vector Welding Technology GmbH is entitled to charge default interest.Any further claims for compensation of Vector Welding Technology GmbH due to default remain unaffected. Delayed payment by the customer entitles Vector Welding Technology GmbH to refuse a further delivery.
VI. Retention of title
The goods remain the property of Vector Welding Technology GmbH until complete payment.
The customer is not entitled, without written agreement, to sell to him delivered goods before the full payment has been made. In the case of processing, the customer's purchase is not permitted until full payment has been received. If the goods owned by Vector Welding Technology GmbH become an essential component of another item as the main item, the ownership of the newly purchased item remains with the Vector Welding Technology GmbH at the amount of the co-ownership share. When processing with other goods subject to retention of title by Vector Welding Technology, Vector Welding Technology GmbH is entitled to co-ownership of the new item in the ratio of the value of the reserved goods to the total value. The customer's claim arising from a possible resale of the goods of Vector Welding Technology GmbH is assigned to Vector Welding Technology GmbH and serves to secure the claim. These rights include all ancillary rights and collateral. At the request of Vector Welding Technology GmbH, the customer is obligated to transfer assignments to the acquirer and to provide Vector Welding Technology GmbH with all necessary information for the assertion of its rights against the acquirer and to hand over the documents. A pledge or security surrender subject to the delivered goods is prohibited. Pfleiderer shall immediately notify Vectorwelding Technology GmbH, stating the attachment creditor. The custody of the goods delivered under reservation is free of charge. The customer has to insure them against the usual dangers such as fire, theft and water damage. The Purchaser assigns to the Vector Welding Technology GmbH his compensation claims, which are due to him from damages on the delivered goods under insurance companies, in the amount of his claim.
VII. Transfer of risk, delivery and performance
Delivery ex works unless otherwise agreed.
Vector Welding Technology GmbH is entitled to partial deliveries insofar as they are reasonable for the Purchaser. The risk of accidental loss is transferred to the commercial customer as soon as the goods leave our factory. Compliance with agreed deadlines requires the timely receipt of all documents, necessary approvals, plans and other obligations to be provided by the customer. The deadline for delivery, without setting up or assembling the ordered consignment within the agreed delivery periods, shall be deemed to be met. If the delivery is delayed due to reasons for which the customer is responsible, the deadline shall be deemed to have been adhered to when notification of the dispatch is received. If Vector Welding Technology GmbH is not implicitly prevented from complying with the date of delivery, the performance date shall be postponed by a reasonable period, in particular in cases of force majeure and other circumstances which Vector Welding Technology GmbH is not responsible for. If the dispatch is delayed at the customer's request, Vector Welding Technology GmbH may demand reasonable storage charges. Compensation claims due to delay of delivery are excluded, unless they are legally prescribed by law. Vector Welding Technology GmbH may require the customer to oblige the customer to declare within a reasonable time whether the customer resigns or insists on delivery.
VIII. Warranty / deficiency / liability
Vector Welding Technology GmbH is liable in the case of defects according to statutory provisions with the following peculiarities: The obligation to retrofit is subject to all those parts and services that were defected within the statutory time limits from the date of transfer of risk as a result of a circumstance before the risk transfer or their usability was impaired ,
The determination of such defects is to be made by Vectorwelding Technology GmbH immediately in writing against the commercial customer. Vector Welding Technology GmbH is only liable in case of intent and gross negligence and excludes any further liability, as far as permissible. In the case of simple negligence, further damages, in particular for lost profits and other damages, are excluded. The above limitation of liability and the above exclusion of liability shall not apply to claims which have caused personal injury or material damage due to faulty products.
The customer's rights are excluded if the purchaser has not, or has not completely, complied with the service and operating instructions, or if any other improper operation has been carried out. If the commercial customer has a defect, within the warranty period in writing, his claims for warranty expire one year after the dispatch of the advertisement.
IX. Applicable Law and Jurisdiction
For merchants the following follows:
The contractual relationship is subject to the law of the Federal Republic of Germany, in particular to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, the CISG and private international law. Exclusive jurisdiction for all contractual and related claims is Cologne.
X. Severability clause
Should individual provisions of these terms or other contractual components be or become invalid, the remaining provisions remain valid. This shall not apply if the retention of the contract would constitute an unreasonable hardship for one of the contracting parties.
As of July 2017