General terms and conditions of STAGO GmbH
- The quotation of price refers exclusively to this way of delivery. Our quotation is without obligation. Orders are executed upon written confirmation by us. All agreements being made are subject to Supplier’s written confirmation.
- All invoices are payable within 10 days less 2 % cash discount or within 30 days net.
All invoices being issued for maintenance work are payable within 10 days net. Agreements deviating from those laid down under item 1. and item 2. require a written agreement thereto beforehand.
- We supply only ex works Neuffen. Packing will be charged and is not returnable.
- All deliveries are effected at Buyer’s cost and risk. We are not liable by possible errors committed by the forwarder, even if the forwarder has been chosen by us at Buyer’s request.
- The goods supplied remain our possession until payment in full of the purchase sum and all accessory claims, i.e. till the complete honouring of acceptances whatsoever are accepted by us for payment only.
We number among accessory claims especially cost of bill discount, bill brokerage and expenses pertaining to cheques and expenses and fees of a possible legal procedure.
- If we are entitled to any claims towards the Buyer, which are not safeguarded by a reservation of ownership, all payments will first be compensated with not safe guarded claims in the instance of an attachment of the material supplied in favour of a third party, the Buyer must ensure at his expense said material against fire, water and theft.
In the instance of loss or damaging the Buyer’s claim towards the insurance company is deemed assigned to us. The Buyer bears the risk accidental damaging and accidental loss.
- As long as the reservation of ownership is valid the Buyer will allow us and our agents to enter those rooms/premises where the goods supplied are and in the instance of the exercise of the reservation of ownership as well as withdrawal from the contract to take the goods away or request their shipment at Buyer’s cost.
- The Buyer assigns us as a safeguard all claims resulting from a possible resale or processing till the purchase sum and accessory claim is paid in full.
- Our obligation for replacement is restricted in principle to the supply of faultless goods instead of such goods that we have acknowledged as defective.
No liability for indirect damages is accepted unless these are attributable to gross negligence or intention on the part of our staff.
- The Buyer commits himself to immediately undertake it to check the delivered goods for faultlessness and completion of consignment and to report to the Supplier within 2 weeks from date of delivery. Transport damages are to be reported to the forwarder immediately after delivery (see under item 4).
- Warranty for our goods, i.e. machines with serial number, is valid 12 months from date of invoice and includes a supply free of cost of the defect parts (see item 9).
No warranty is granted for accessories, i.e. paper drill bits, punches and wearing parts.
- Delivered goods can only be returned to supplier in good condition and original
packing. 15 % of the net value are charged to the Buyer.
- Place of performance for all obligations to supply and payment obligations is the Supplier’s competence place of arbitration. All obligations are subject to the INCOTERMS 1990 in case of possible doubts in interpretation of the terms and clauses.
Status: 03.2013