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| General conditions of sale and delivery |
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| 1. | Tender, Contens and conclusion of the contract
The quotation made by JONGEN GMBH is without binding effect. Any addition or modification and any collateral agreements shal be void unless accepted by the Supplier in writing.The contract shall be concluded only after the supplierīs written confirmation of order.
Until that point the quotation remains without binding effect. Our deliveries are made and our services performed in strict accordance with our conditions of sale specified hereinafter.Any conditions of purchase or any divergent counter confirmation of the buyer or orderer shall be regarded by us as without binding effect, even if they have not expressly been contradicted. The buyer or Orderer is deemed to have acknowledged our conditions of sale at the time of the placing of the order, at the latest after our goods have been accepted without contradictions. Measure specification, designs and plans are binding only if they have expressly been declared as such by us in writing. | | 2. | Delivery
The period set for delivery starts when the confirmation of order has been mailed and refers to the time of despatch ex factory or warehouse. We do our best to deliver within the time stipulated, however, those periods set for delivery are not binding. Transactions for delivery at a fixed date are to be expressly referred to as such. Over- or underdeliveries up to 10 per cent, respectively 1 piece, of the volume of the order shall be regarded as being within the quantity ordered. The supplier may make deliveries by instalments. Default of delivery shall require a reasonable deadline and extension of deadline to be set and entitles the Buyer only to rescind the contract precluding any claim for damages of any kind. | | 3. | Delivery Prices and Conditions of Payment
Our prices are understood to be ex warehouse respectively ex Supplierīs plant plus VAT and excluding the cost of contingent packing. The buying prices of all our goods are understood to be our list prices valid on delivery day unless fixed prices have expressly been agreed upon. Payments are made within 30 days from the invoice date net free of all bank charges at the Supplierīs paying office (e.g. bank account). If payments is effectet within 10 days from the invoice date the Buyer may deduct a discount of 2 per cent. Cheques and bills of exchange are accepted only with the consent of the Supplier and shall not be deemed to constitute payment or be in lieu of payment. The Buyer has to bear the discount charges and the cost of collection. | | 4. | Minimum Order Value
The minimum order value is 50,00 net plus VAT. Should the order value fall short of the aforementioned minimum order we charge a processing fee of 5,00 net plus VAT. | | 5. | Replacement
In case of replacement or return of the goods, due to misordering of the Buyer, we retain a processing fee of 10 per cent of the value of the goods. | | 6. | Despatch and Passing of Risk
The choice of the mode of despatch is left to our own discretion unless a particular mode of despatch has been stipulated and confirmed by us. The risk shall pass to the Buyer when the goods are despatched to him from our warehouse. The goods shall be insured against transport damage only by instruction of the Buyer and at his own cost. | | 7. | Liability for Defects
Transport damages must be immediately notified in writing to carrier and to us. Claims in respect of defects have to be lodged in writing by the Buyer or Orderer within 14 days from the reception of the goods. Defects, which cannot be discovered within this period, not even after a thorough check has been carried out, are to be notified without undue delay on their discovery. If defects are discovered, the processing and incorporation in other goods has to be interrupted at once. The Supplier shal be liable for defects, evidence of which is furnished by the Buyer, only in such a way that the Supplier shall at his discretion repair or replace such parts free of charge where the goods have become unserviceable within a period of 6 months form delivery date. The defects must be notified to the Supplier without undue delay and the parts referred to have to be sent upon request. The Supplierīs liability presupposes faulty design or poor workmanship; the Supplier shall be liable for material defects only in as much as his application of professional care should have led him to recognize such defects.
Upon agreement with the Supplier the Buyer shall grant the Supplier such adequate time and opportunity as the Supplier deems necessary to repair or renew the defective parts. In case of refusal, the Supplier shall be released from his liability. From the direct cost from the repairs or replacement and renewals, and in as much as the claim in respect of the defects has proved legitimate, the Suppliershall bear the cost of the spare part including the cost of its despatch. The Buyer has to bear the costs as for the rest. The goods delivered by us are guaranteed exclusively in accordance with the present General Conditions of sale and delivery. Further claims by the Buyer against the Supplier, in partocular claims for damages, are excluded in as much as this is admissible by law. | | 8. | Reservation of Ownership
The goods remain the property of the Supplier until all payments arising from the business transaction have been made. The Buyer assigns to the Supplier to the amount of the value of delivery his claim to the disposal of the goods supplied. Herewith the Supplier accepts the assignment. The Supplier is entitled to insure the goods at the cost of the Buyer against fire, water and other damages in as much as the taking out of such in insurance cannot be proved by the Buyer. The goods may not be plegded or transferred as security. The Buyer must inform the Supplier in the event of attachment by third parties. | | 9. | Place of Performance and Jurisdiction
The contract between the Supplier and the Buyer shall be governed by German law. The place of performance and jurisdiction for both parties is KREFELD/GERMANY, namely also with regard to actions on bills or cheques case the legally founded venues shall be effective. However, we also are entitled to sue the Buyer in the court of law which has juridiction over the Buyerīs domicile. A contingent legal invalidity of any of the present sections shall not affect the remaining parts of the present General Conditions of sale and delivery. |
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