All supplies are provided subject to the application of these conditions as well as other agreements set out in writing. A contract will be formed exclusively on the basis of the contents of the supplier's written order confirmation. The supplier retains ownership rights and copyrights to any samples, calculations, drawings and other information both tangible and intangible including in electronic form. These may not be made accessible to third parties without the express permission of RC Hydraulik- und Industrieservice GmbH.
Prices, Terms of Payment
Our prices shall apply ex works, excluding packaging and unloading. Value-added tax at the current statutory rate will be added to these prices. Unless otherwise agreed, payment shall be made without deductions within 10 days after receipt of invoice. The same applies for reparation invoices which shall be payable net on receipt of invoice. Without further request for payment, failure to comply with these payment terms constitutes default. In case the dates set for the payment deadlines are exceeded, we charge for damages caused by default at the presently valid gross bank interest rate for overdrafts from the date the payment is due. If no date has been set for the payment, after the first reminder, we are entitled to charge interest without needing to set an extension. Offsetting and retention due to deficiencies or alleged counter-claims are excluded. The customer has the right to object to invoices (in written form) within 5 working days of receipt of the invoice. If not agreed otherwise, in addition to the payment of any additional costs accruing, such as travel costs, the customer bears the costs for the transportation of the tool and personal luggage and allowances, plus a processing fee. All costs for licences and permits and all charges such as taxes, customs duties, stamp costs or freight papers are borne by the buyer.
Delivery Times, Delays in Delivery
All delivery dates indicated by RC Hydraulik- und Industrieservice GmbH are non-binding unless explicitly specified as such in writing. Also where dates are agreed, we only default once a reminder has been sent; part deliveries are permissible. The delivery period is determined through the agreements of the contractual parties. If we default on delivery, the customer is committed to set us an appropriate subsequent extension depending on the circumstances. Only after expiry of this additional extension is he entitled to demand damages caused by default for every subsequent full week, at 0.2 % of the value of the respective delivery object, however, up to a maximum of 5 % of the delivery value. In case of default in delivery, the customer has no further entitlements, apart from those expressly designated above. The observation of the delivery term requires that all commercial and technical issues between the contractual parties are settled and the customer has fulfilled all the duties incumbent on him such as, e.g. furnishing the necessary official certificates, permits or the payment of a deposit. If this is not the case, the delivery term changes accordingly. The observation of the delivery deadline is subject to correct and punctual self delivery. The delivery period is deemed to have been observed if the contract goods have left the works or if the customer has been notified that they are ready for dispatch prior to the deadline. If non-observance of the delivery period is attributable to Force Majeure, such as labour disputes or other events beyond the supplier's control, then the delivery period will be extended by a reasonable amount of time.
Retention of Title
We shall retain title to the object of purchase until all debts relating to the supply contract have been settled. We are entitled to insure the contract goods at the customer's expense against fire, water and loss by any other means, unless the customer can prove that he has taken out insurance against these risks himself. The customer is not entitled to pledge the object of purchase or transfer title for the purpose of securing a debt before payment has been completely settled. In case of attachments and seizures or other actions by third parties, we are to be informed immediately in writing. The customer is entitled to sell on, process, blend or combine and then sell the reserved goods within the framework of the extended retention of title provided this is done within the due course of business. The customer may only transfer ownership of the reserved goods to his buyer once the amounts due to us have been paid in full. If the object sold is taken back by us due to the retention of title, the customer is obligated to return the said object carriage and expenses paid.
Transfer of Risk, Acceptance, Limitation of Time
Unless otherwise agreed in our Confirmation of Order, the object of purchase is delivered “ex works”. For taking back packaging, special agreements apply. If the customer wishes, we will provide transport insurance cover on the delivery; the costs incurred by this are to be paid by the customer. All forwarding costs, in particular packaging, transport costs, transport insurance and deliveries are to be paid by the customer. If additional forwarding costs are incurred because a wrong delivery address or a wrong consignee is given, these costs are to be paid by the customer. The limitation period for the claims due to liability for material defects amounts to 24 months and commences with the transfer of the goods purchased. If the customer is a contractor (§ 14 German Civil Code), the period is 12 months from transfer of the goods. For traders, the statutory provisions and duties to inspect and give notice apply in accordance with the German Commercial Code. We take on no guarantee for wearing parts. Subsequent delivery of wearing parts is only carried out against payment.
For obvious defects and the absence of guaranteed features, a written notice of defects is required within a period of two weeks of receipt, otherwise guarantee claims are excluded. The customer bears the responsibility for checking whether the goods ordered from us are suitable for the purpose designated by him. A defect only exists if we have confirmed the suitability in writing. The guarantee is neither extended, interrupted nor restricted by reworking, supplementing or replacing the objects. The elimination of defects may be refused so long as the customer fails to fulfil his obligations. The place of performance for guarantee claims is Syke. In case of repairs, the liability for defects is limited to the wearing parts replaced and the proper completion of the repair and assembly works. With regard to these works, liability is subject to the proviso that the corresponding defects are reported immediately after the repairs are carried out. RC Hydraulik- und Industrieservice GmbH is liable for any claims for defects in accordance with the terms of its business and product liability insurance. The date of commissioning is defined as the date on which the delivery object is first put into operation or use. Any subsequent interruptions in operation for which the supplier is not responsible have no influence on the expiry and the term of the guarantee period. The customer is to notify the supplier of the date of commissioning without being asked.
Place of Performance and Jurisdiction
The place of performance for delivery is the respective place of dispatch. The place of performance for all of the customer's duties is Syke. The applicable law shall be German law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction shall be the court competent for our headquarters. RC Hydraulik- und Industrieservice GmbH is however authorized to take legal action at the location of the customer's headquarters.
Effective as of: 2006