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1. Validity of the conditions
1.1 Our offers, sales and deliveries are based on these sales and delivery conditions. The purchaser's purchasing conditions or other deviating agreements are only deemed to be accepted if they are confirmed by us in writing as an addition to these sales conditions.
1.2 References or counter-confirmations by the purchaser with reference to his purchasing conditions are hereby expressly rejected.
2. Offer and conclusion of contract
2.1 Our offers are subject to change until they are accepted by the purchaser and can therefore be revoked by us at any time until we receive the written declaration of acceptance or until the delivery item is delivered.
2.2 Offers/orders from the purchaser only become legally binding upon our written order confirmation or upon our delivery of the delivery items. The purchaser is bound to his order/offer for 14 days. This period begins from the time we receive the order. During this 14-day period we are entitled to refuse to conclude this contract. If we do not reject the order within this period or if the goods are delivered before this period, the contract will be concluded without our written order confirmation, as an exception.
2.3 The information on weights, dimensions, capacities, prices, services and the like contained in catalogues, brochures, circulars, advertisements, illustrations and price lists are non-binding unless they are expressly included in the contract - the latest version applies. We are only obliged to comply precisely with DIN standards, drawings, weight and dimension specifications and plans if this has been expressly agreed in writing. Otherwise, the contractually owed properties of our products are based exclusively on our product description. Ideas expressed unilaterally by the buyer are not taken into account, as are advertising statements and other public statements made by our company or one of our suppliers.
3. Scope of delivery
3.1 The scope of the delivery is determined by our information in the order confirmation or, if no order confirmation is available, the information in our offer.
3.2 The customer assumes full responsibility for the accuracy of the documents he is to supply, such as drawings, gauges, samples and the like. All information on dimensions and the like must be confirmed in writing.
3.3 Samples are only supplied against payment.
3.4 The seller reserves the right to make changes due to technical developments.
4. Prices
4.1 The prices are ex works plus the VAT applicable in the Federal Republic of Germany. Additional costs for packaging, transport, insurance, customs, etc. will be invoiced at cost. This also applies to agreed partial deliveries and express deliveries.
4.2 The prices stated in our offer/order confirmation are based on the calculation existing at the time the offer/order confirmation was submitted. If there is a significant change in the raw material prices - at least 10% - after the order has been completed, we are entitled to increase the agreed prices by the proportionate additional costs. The customer will be notified of this.
4.3 The minimum order value is 50 euros.
5. Delivery time, delay, impossibility, purchase on demand, flat-rate compensation
5.1 The delivery time is the date specified in writing in our order confirmation. If the customer does not provide the documents he is required to provide in a timely manner or does not meet his individual contractual obligations (e.g. advance payment, compliance with the deadline for the release of the approval drawing, etc.), the delivery time is extended accordingly by the period of delay.
5.2 The delivery time is met if the delivery item has left our factory by the end of the delivery time or if we have made the delivery items available for delivery and notified the customer that they are ready for dispatch. 5.3 If the customer suffers damage due to a delay that is due to gross negligence on our part, our senior employees or our vicarious agents, the customer shall receive 0.5% as a flat-rate compensation for damages, excluding further claims, including compensation for consequential damages, for each full week of delay, but a maximum of 5% of the value of that part of the total delivery that was not delivered on time as a result of the delay. We reserve the right to prove that the damage was less. In all other respects, section 10 applies.
6. Force majeure/reservation of self-supply
6.1 If we are prevented from fulfilling our obligation after conclusion of the contract due to the occurrence of unforeseeable, unusual circumstances,
Register court Freiburg HRB 602138,
Registered office: St. Georgen
Managing director: Ralf Vetter, Falk Bäurle
Am Tannwald 17
D-78112 St. Georgen
Tel. +49-7725-9166-0 | Fax +49-7725-9166-5055
electronic-solutions@de.schunk.com | www.schunk.com
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