General terms of supply and payment

1. Order

Exclusively the following sales and delivery conditions apply for the business dealings with our customers. Deviating agreements are only effective if they are expressly confirmed in writing by us. In the event of different order conditions, the purchaser waives any differently worded conditions that he imposes by the acceptance of the delivery. Counter-confirmations by the purchaser with deviating conditions are hereby denied.

2. Scope of delivery

All details and illustrations in our printed matter are only approximate and are not binding upon us for the execution of the order. In particular, we reserve the right to make changes to the technical description.

3. Order confirmation

The order copy is considered to be the binding order confirmation. The order is irrevocable.

4. Prices

The prices are – unless expressly agreed otherwise – ex works, excluding packaging

5. Shipping and passing of risk

The shipping of the goods shall always take place at the expense and risk of the purchaser. This applies even if the goods are delivered in the seller's own vehicles or if carriage-paid shipping has been agreed. The passing of risk takes place upon handover to the shipping agent or carrier and in the case of delivery in the seller's own vehicles upon the completion of loading into the vehicle. We accept no guarantee for the cheapest form of shipping. If the consignment is delayed due to an action on the part of the orderer, we need only apply the care that we would apply in our own affairs.

6. Payment

Payments shall be made according to the terms of payments set out in the order forms or in the invoices. The debtor shall fall into arrears 30 days after the due date of the invoice without any reminder. In the event of overdue payments, interest on arrears at the statutory rate shall be charged. Bankable bills of exchange will only be accepted - after agreement - on account of payment and do not represent fulfilment of the payment obligation. Any bill expenses and interest shall be borne by the purchaser.

7. Supplier's rights and rescission

Delivery times are only approximate and should be regarded as being without obligation. An obligation to adhere to the agreed delivery and performance periods is only accepted under the prerequisite of undisrupted operation; in particular, cases of force majeure and other disrupting events to us, our suppliers or the transportation companies, e.g. operational or traffic disruptions, fire, floods, shortage of labour, energy or raw materials, strikes, lockouts or official measures release us from the obligation of punctual delivery or performance and furthermore give us the right to discontinue delivery without subsequent delivery. Claims for damages due to delay or non-delivery are excluded unless we are responsible for intent or gross negligence. In the event of intent or gross negligence we are however only liable if a reasonable time limit has been set and has expired.

8. Claims for damages

Claims for damages of all kinds and on whatever legal basis, including culpa in contrahendo, positive breach of contract and claims based on tort in accordance with §§ 823 ff, BGB (German Civil Code) - in particular for producers' liability - against us, our legal representatives, assistants and associates are excluded as far as legally permissible.

9. Withdrawal from the purchase by the purchaser

If the purchaser withdraws from an order that has been properly confirmed and accepted by him, he must bear the full costs that arise. Withdrawal from the purchase after order confirmation is not possible in the case of special models.

 

10. Reservation of title

Until the purchase price has been paid in full and until the final payment has been made for all consignments of goods supplied in the past or to be supplied subsequently within the business relationships with the purchaser, the supplied objects remain our property and will be clearly separated from similar products. If the agreed payment is not received we are entitled to take possession of the goods subject to reservation of title without prior notice and to enter the commercial premises of the customer for this purpose. Before the ultimate settlement of our accounts the customer is not entitled to transfer for security or to assign the goods. The purchaser must notify us immediately of impending or executed attachment or of any other encroachment on our rights. Upon the conclusion of the contract the purchaser shall make over to us all debts and claims for compensation arising from the further sale to a third party. The purchasing dealer is entitled to recover the debts and claims made over to us in the ordinary course of business. Without a specific agreement the amount paid to him is transferred to our ownership and shall be handed over to us.

11. Claims

Written notices of defects must be received by us within 8 days of the arrival of the consignment at its destination. A prerequisite is that the consignment is still at the destination in the condition in which it was delivered. The right of the orderer to claim for defects is defined as follows, firstly for private end customers (consumers) and secondly for commercial customers (tradespeople):

a) Consumers

The limitation period for claims for damages is 2 years after the passing of risk for the goods. For the purchase of used goods, the limitation period is reduced to 1 year.

b) Tradespeople

The limitation period for claims for damages is 1 year after the passing of risk for the goods. This is based upon the assumption of single-layer operation of the supplied machines. In the case of multilayer operation, the limitation period is reduced accordingly. The commercial purchaser shall bear the burden of proof for demonstrating that the goods were already defective at the time of the passing of risk.

12. Guarantee

We provide a 2-year guarantee for machines supplied to end customers (consumers); we provide a 1-year guarantee for machines supplied to commercial customers (tradespeople) if the machine is used in single-layer operation (for multilayer operation the guarantee period is reduced accordingly). For used machines we grant a 1-year guarantee. The guarantee covers fault-free function and the parts used. The guarantee covers the free repair or replacement of faulty parts. The costs of despatch, the removal of faulty parts and the fitting of new parts shall be borne by the purchaser. Further claims by the orderer, in particular claims relating to compensation for damages that have not arisen from the delivery object itself, are excluded unless based upon intent or gross negligence. In the case of duly raised and proven notices of defect we are entitled, at our discretion, to rectify the defect or supply a replacement. Wearing parts are excluded from this guarantee. Damage caused by improper operation or the use of force is also excluded from the guarantee. In principle, the purchaser must prove that the item contained a defect upon the passing of risk. This principle is maintained for commercial purchasers. In the case of private end customers (users) the burden of proof for the freedom from defects of the item at the time of passing of risk lies with the seller for the first 6 months and only after the expiry of this period with the purchaser. In the case of claims relating to the vacuum bags or meal trays supplied, the check slip and a few defective items should be sent to us for examination.

13. Place of performance and jurisdiction

The place of performance and jurisdiction is Bad Homburg v.d.Höhe. We are entitled, at our discretion, to apply to the court with jurisdiction for the purchaser's headquarters. The legal relations are subject solely to German law.

14. Validity of the conditions

If some of these General Terms of Supply and Payment should be or become wholly or partially ineffective, the validity of the remaining terms shall not be affected. The content of the ineffective conditions shall be reduced to the legal requirements by reinterpretation such that the desired economic meaning is as far as possible attained.

Contact

Helmut Boss Verpackungsmaschinen KG

Dipl.-Kfm. Waltrud Kunze

Zum Wingert 5 61352 Bad Homburg

workPhone +49 6172 457097 faxFax +49 6172 44139


www.vacuum-boss.com 

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