VENDOR´S SALE, DELIVERY AND GUARANTEE TERMS & CONDITIONS
1. The contents of the purchase contract are binding with regard to the range of the vendor’s and purchaser’s duties (e.g. model, execution, method of payment). Special characteristics other than those in the purchase contract overleaf are not guaranteed. The purchase contract overleaf is accepted when the vendor has signed it, or has not rejected it within two weeks.
2. Withdrawal from the purchase contract due to delayed delivery with the exclusion of a claim to damages is only permitted when the purchaser, upon occurrence of the delay, sets a deadline of 4 weeks in writing and the vendor fails to deliver within this time. Occurrences due to force majeure, general company or transport problems release the vendor from his delivery commitment and permit later delivery without making himself liable to damages. If a delivery date is mentioned this does not mean that it is a firm date.
3. When financing is provided, whether through the vendor himself or through external financing, absolute ownership of the goods will be retained by the vendor until such time as the purchaser has fulfilled all his commitments (title retention). The sale, pawning, letting or transfer of ownership by any other means is not permitted prior to full payment of the purchase price as calculated overleaf. Should goods which are still in the ownership of the vendor be impounded from the purchaser, the purchaser is obliged to inform the vendor immediately and to provide all necessary documentation, in particular a statutory declaration concerning the identity of the goods. The costs of any necessary intervention will be carried by the purchaser(s). The purchaser undertakes to treat the goods correctly, to keep them clean and in good working order. The purchaser also undertakes to allow the vendor or his agent access to the premises in which the goods delivered with retention of title are situated for the purpose of inspection, or to procure such access. When exercising his right to cancel the contract, the vendor is granted irrevocable permission to retrieve the goods from their location either personally or using an agent. This does not constitute an infringement of rights or a breach of property rights as permission hereto is granted by this contract. The purchaser, co-debtor and warrantors consent to the vendor informing the credit information office which he usually uses about the raising of credit and the credit settlement.
4. Should the purchaser be in default of the contract and fail to take delivery of the purchased goods, in particular at the end of a deadline, the vendor is entitled to claim compensation for non-fulfilment. The amount of compensation is normally equal to 30% of the purchase price without the necessity of proof, except where it can be proven that no loss, or a substantially lower loss, was incurred. The vendor may, of his own choice, claim the actual loss sustained from the purchaser.
5. The legal warranty on all new machines is 24 months, unless these are commercially used. The legal warranty on commercially used goods is 12 months. Where no agreement to the contrary has been reached, the warranty on used goods for non-commercial use, as well as on repairs, is 12 months; for commercially used machines and repairs on commercially used machines the warranty is 6 months. The warranty period begins on the date of delivery or completion. Warranty claims should be notified promptly i.e. at the latest within 2 weeks. The warranty claim is limited to the effect that the vendor corrects the defects without charge. The purchaser can demand the rescission of the contract or the lowering of the purchase price should the correction of the defect(s) or the delivery of a replacement prove to be impossible, fail or be unreasonably delayed. Claims due to the absence of guaranteed features or guarantee promises can only be asserted when the guaranteed features and guarantee promises have been confirmed in writing. Liability for indirect or consequential damage is precluded in the case of commercially used machines, unless the manufacturer pays the costs. Warranty claims will not be accepted when
· the fault is due to inappropriate use of the goods, an incorrect connection or incorrect operation of the goods
· the object has not been maintained and cared for in accordance with the recommendations of the vendor and/or the manufacturer thus causing the fault
· the fault is caused by a modification of the goods
· the fault is caused by force majeure, e.g. lightening strike or water damage
· the fault is due to wear & tear through overuse of the mechanical parts
The above-mentioned warranty claim regulations apply when exercising rights from the guarantee. Deviating terms in the guarantee certificate which forms part of the contract will supersede the afore-mentioned conditions.
6. In the event that individual parts of this contract are invalid the remainder of the contract shall remain binding.
7. The vendor is entitled to assign his rights from this contract to a third party. Modifications or additions to the purchase contract must be in writing.
8. The place of jurisdiction and fulfilment is Worms. The contract is subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the international sale of goods (CISG) does not apply.
Conbuy GmbH, Grosser Riedweg 2, 67551 Worms (Germany)