AVL
04 / 2014
1. General
The following terms and conditions are part of any
agreement for supply.
Any deviations from these conditions will be effective
only if we have granted our prior written consent.
Conflicting or interfering purchase terms and
conditions of the Purchaser shall be invalid even if we
do not explicitly contradict to the conflicts or
interference.
The unconditional acceptance of the goods does not
invalidate the exclusive validity of these terms and
conditions.
Should any individual provision be void, illegal or
unenforceable, the validity of the remaining
provisions hereof shall in no way be affected.
2. Quotations / Orders
Our quotations are subject to confirmation regarding
price, quantity, delivery deadline and availability for
delivery.
Orders as well as verbal agreements shall become
binding for us only by our written confirmation.
Catalogue pictures and illustrations in quotations are
not binding in as far as a modification of design,
measurements and weights is subject to change
without notice.
3. Price and Payment
The prices shall be effective ex factory Hamburg,
without packaging material, unless agreed on
otherwise.
Payments must be made by money transfer. The
terms of payments listed in the order
acknowledgement or invoice resp. shall be in effect.
In case of delayed payments, we are entitled to
charge interest of delay.
4. Delivery Period
The delivery period results from the agreements
reached by the parties of the contract.
Meeting the deadline by the supplier requires that all
commercial and technical matters have been settled
first and the buying customer has met all his
obligations. Failing that, the delivery time will be
prolonged appropriately.
Meeting the deadline of the delivery period is
warranted under the reservation of our being
supplied correctly and in time.
Claims cannot be made against us in case we fail to
meet a delivery deadline.
5. Passage of Risk
The risks will pass on to the Purchaser at the latest
with the dispatch or collection of the goods to be
delivered, even a case of partial deliveries.
We will conclude a transportation insurance policy
only if the Purchaser has given explicit written order
to do so.
Partial deliveries are permissible.
6. Retention of Title to Ownership
The right of ownership in the item supplied will
remain with the Supplier pending receipt of all
payments resulting from the delivery contract.
The Purchaser assigns already now the claims
resulting from this transaction to the Seller if the
item supplied is resold prior to our receipt of
payment (extended retention of title to
ownership).
Behavior contrary to the contract, especially in
case of default of payment, entitles us to take
back the items supplied, after having sent a
reminder, and the Purchaser is obliged to
surrender the items.
The assertion of the retention of title to
ownership as well as the attachment of the items
supplied by us shall not mean the rescission of
contract by us.
Filing insolvency application on the part of the
Purchaser entitles us to withdraw from the
contract and request the immediate return of the
items supplied.
7. Warranty
Starting with the date of delivery, the statutory
warranty period is applicaple for our products.
Wearing parts are excluded from this provision.
The products are subject to a density test as well
as a final test after their assembly and pressure
adjustment. All tests are performed pursuant to
standard by means of air or water resp., on
examined and calibrated test stations / test
devices.
Test documents of the individual acceptance
tests / material tests will be kept in the archives
for a minimum period of ten years.
8. Liability
Notices of obvious defects must be given in
writing immediately after their detection, at the
latest, however, within eight (8) days after
receipt of the item supplied.
Other defects subject to liabilty must be reported
immediately after detection in writing.
If we decline to accept a claim for a warranty, the
claim made by the Purchaser is regarded as
waived unless contradicted within one month in
writing.
Accepted defects will be repaired without charge
in our Hamburg works or replaced by new items
without charge. The parts subject to complaint
have to be returned to us without charge.
We will bear the direct costs of repair or of the
replacement parts; in case the complaint is
justified, we will bear the costs of the
replacement part.
Delivery of new goods is effected on principle
subject to thorough examination of the defect
and its result with reference to the part
complained about. The Purchaser has to
reimburse the costs of examination if the claim
proves to be unjustified.
We are not liable for consequential damage as a
result of slight negligence unless a warranted
property has not been supplied.
In addition, no warranty is accepted in the following
cases: unsuited or improper use, wrong assembly or
putting into operation by the Purchaser or a third
party, normal wear, incorrect or negligent treatment,
improper maintenance or unsuitable operating
equipment.
We are not liable for consequences of unprofessional
repairs by the Purchaser or a third party. The same
applies to modifications of the items supplied without
our prior consent.
Assembly instructions are aimed at the know-how of
qualified personnel. Only skilled personnel should,
consequently, perform the assembly work.
9. Returns
Goods supplied are allowed to be returned only after
our prior written consent. Return shipping must be
made by prepaid freight.
In case of contract cancellation or returns of the
goods for reasons the Purchaser is liable for, the
Purchaser will be charged with the necessary costs
incurred relating to the return as well as the
dismantling performed.
Custom-made items as well as spare parts can, on
principle, not be taken back.
10. Statutory Limitation
All claims of the Purchaser, for whatever legal
reasons, are limited to 12 months.
11. Documentation
Any documentation included in the supply is not
allowed to be altered. Manufacturer marking on
products is not allowed to be removed. Further use
by a third party is only permitted with our expressed
consent.
12. Place of Jurisdiction
Place of performance for delivery and payment and
place of jurisdiction for both contract parties is
Hamburg.
Management: Dorrit Niezgodka, Verena Niezgodka-Seemann
Registered at the District Court Hamburg, HRB Nr. 29139
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