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1.1 In these Conditions “the Seller” means DUDEK-PUMPEN Georg Dudek, Schlachthofstraße 34, D – 21079 Hamburg (“the Premises”) and the Buyer means any person placing an order with the Seller for the purchase or supply of goods or the provision of services (“Goods”).
1.2 These standard terms and conditions of sale and delivery shall apply to all present and future deliveries and services under all sale and purchase-, service and work delivery contracts. Conditions imposed by the Buyer shall not be bindung for the Seller. They shall not even apply if the Seller does not object to these conditions.
1.3 The contract takes effect when the Seller’s written confirmation of order is dispatched. Further alterations of the contract require the Seller’s written confirmation.
1.4 Drawings, sketches, weight data and other documents relating to the offer shall, insofar as they are not expressly specified to be binding, remain the Sellers proparty. The right to make alterations in design is reserved. The Seller retains the property in and the copyright in estimate of the costs, drawings, photos and any other documentation; access to them may not be given to a third party without the Seller’s consent.
1.5 The interpretation of the delivery conditions (e.g.fob, cif, c.u.f.) shall be governed by the latest issued edition of the “Incoterms” established by the Internation Chamber of Commerce.
2.1 The Seller’s prices are current prices; they are net ex works without packaging. Amounts paid as deposit do not count as part of the performance. Bills of exchange and cheques do not cont as payment until they are cashed. Discount charges and bank charges shall be borne by the Buyer.
2.2 Unless otherwise expressly agreed, upon, payment has to be made as follows: 10 days with 2% discount or net, 30 days after the date of invoice.
2.3 The Buyer shall not have the right of retention unless it is based upon the same contractual relation. A set-off of counterclaims is only permittred insofar as these are acknowiedged by the Seller as existing and due or have baen determinad as legally binding.
2.4 Insofar as the import licenses or other permissions are required, the Buyer shall provide the number, date of commission and period of validity.
3.1 Periods of delivery commence upon the date of the Seller’s order confirmation but not before technical and commercial details and the licenses which may possibly be required have been clarified and produced. The delivery period shall be deemed to have been complied with when notice of readiness for dispatch has been given within the agreed period. Any alterations in the performance of deliveries demanded by the Buyer within that delivery period shall interrupt or extend the delivery period accordingly.
3.2 Unforeseeable events entitle the Seller to defer delivery for so long as the impediment persists plus an appropriate additional period. Unforeseeable events are such circumstances as those which cannot be avoided by reasonable care due to circumstances in particular cases, such as war, currency and economical or other sovereign measures, civil disturbance, natural events, fire, strikes, lock-puts, non-supply of materials arising through no fault of the Seller, traffic obstructions, interruptions of operations and other events of force majeur through which the performance of the contract is endagered, made substantially more difficult or rendered impossible. In such cases the Seller ist entitled to withdraw any obligation to pay damages. The Buyer may demand a statement from the Seller as to whether the Seller will withdraw of deliver within an appropriate period. If no statement is given by the Seller, the Buyer may withdraw from the contract. The Buyer shall not refuse part deliveries and part performance.
3.3 If deliveries are delayed for other reasons, the Buyer shall grant an appropriate extension of time in writting. Upon expiration of such an extension without the goods being dispatched by the Seller, the buyer is entitled to cancel those supplies which have not been dispatched of declared ready for dispatch prior to the expiration of such an extension. In case the deliveries, which have already been partially performed are of no practical interest to the Buyer, he shall be entitled to withdraw from the entire contract. If the Buyer suffers damage due to a delay attributable to the Seller’s fault, the Seller shall replace proven damage, limited, however, to an amount of 0,5 % of the consideration per week of further delay of the delivery, limited, however, to max. 5 % of the purchase price. This limitation of action does not apply, if the Seller is liable for wilful actions or gross negligence which cannot be excluded. The Buyer’s right to withdraw upon expiration of a reasonable extension granted to the Seller is not excluded.
3.4 If the Buyer does not accept the delivery at the agreed date, he shall nevertheless be obliged to pay the purchase price. In such a case the Seller may arrange for storage of the goods at the expense and risk of the Buyer.
4.1 The goods will be transported at the expense and risk of the Buyer. Upon transfer of the goods to a forwarding agent or a carrier the risk shall pass to the Buyer, but in no case later than on leaving the Seller’s warehouse or the premises.
4.2 Transport insureance will only be effected at the express wish of the Buyer and at his expense.
5.1 The goods shall remain the property and in absolute ownership of the Seller until settlement of all claims, at whatever the legal basis, even if payment has been made in respect of specially designated claims. With regard to a running account of the Buyer, the property to which the Seller has reserved title shall be security for the outstanding balance on account.
5.2 Processing or manufacturing of the goods to which the Seller hast retained title may be carried out by the Seller as manufacturers as provided in § 950 BGB without imposing any obligation on the Seller. If such goods are processed by the Buyer with other goods which are not the Seller’s property, then the Seller is entitled to share in the ownership of the manufactured product, in the proportion which the invoiced value of the goods to which the Seller retained title and which have been used in the process, bears to the total invoiced value of all other goods uses in manufacturing process.
5.3 The Buyer is entitled to sell or process the goods to which the Seller has retained title in the normal course of business unless he is in breach of this agreement with the Seller, has suspended his payments, or a bankruptcy, of voluntary arrangement petition has been filed. It is hereby agreed that the Buyer’s claims arising from re-sale and auxiliary rights are now assigned to the Seller to thair full extent but in the case of re-sale following combination, mixing of processing, only to the extent for share in the ownership of such goods. The Buyer ist not entitled to dispose of the goods to which the Seller has retained title in any other manner, in particular, by way of pledge or transfer by way of security to third parties unless the Seller has given his written consent hereto.
5.4 The Buyer shall inform the Seller immediately, if third parties are enforcing right to the goods to which the Seller hast retained title.
6.1 The Buyer shall examine the goods immediately after receipt with reasonable care; defects discovered shall be given to the Seller, within a preslusive period of 2 weeks in writting, by fax or telephon. Not recognisable defects shall be given to the Seller within 2 weeks after discovery, if the Buyer is a merchant or a public law entity.
6.2 In case of justification, immediate notification of defects, the Seller, as a cause of bad materials, faulty design or faulty workmanship, will repare the goods or replace the parts in the Seller’s premises. The buyer has to send the defect products to the Seller’s premises. Costs for disassembly ,transportation and assembly are borne by the buyer. Cost compensations for production interruption will be not supported by the Seller.
6.3 If the Seller sends out his maintenance person on the Buyer’s demand to recury defects, although this is not necessary, the Buyer shall reimburse the Seller the costs that incurred in doing so.
6.4 The Buyer shall be entitled to reduce the remuneration or at his option to rescind the contract, if the Seller is in breach of his obligation to rectify defects or to carry out additional supplies.
6.5 Other or further claims for guarantee are excluded. The same shall apply for any claim of damages that occur as a consuquence of harm caused by the defect. In the case of absence of guaranteed quality claims for damages this can only be enforced if it was intended that the warranty given to the Buyer should apply precisely to damage of the kind that has occurred.
6.6 The Seller’s warranty obligations are extinguished if the goods supplied have been dismantled by a third party or altered by the incorporation of parts produced elsewhere and the cause of the damages connected with such alterations. The Seller’s warranty obligation is also extinguished if the Buyer does not duly observe the Seller’s instruction for handling the goods (operation instructions). The warranty obligation is further excluded if it is established that the maximum allowable number of revolutions or the maximum pressure have been exceeded.
6.7 Claims based on warranty are subject to a limitation period of 12 months beginning with passing of the risk.
7.1 Place of performance for the Seller’s delivery is the place of manufacturing.
7.2 The place of jurisdiction is Hamburg for all matters including any action concerning bills of exchange and cheques, if the Buyer is a merchant of a public law entity.
7.3 All legal relations between the Seller and the Buyer shall be governed by German law applicable for the legal relations of domestic contracting parties.
Any (personal) data that becomes known to DUDEK-PUMPEN in the course of use will be treated in accordance with the relevant provisions of data protection law. In particular, they will only be stored for as long as the purpose of the transmission requires and will not be passed on to third parties beyond that.
