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1. General All
Offers and deliveries are only valid under the following
conditions. The customer agrees our conditions with his order. Other
agreements are only valid in written form.
2. Offer - Order - Prices
Our offers are binding after our written
confirmation of the order. If not expressly signed different, all our
prices are excluding VAT and Ex Works our warehouse/factory. If we supply
without a confirmation to the buyer before, our terms of sale are excepted
by the buyer with the acceptance of the delivery. Freight is inssured only
if confirmed in writen form. Smaller deviations from the description of
the offer are possible and do not affect the fulfilment of the contract.
Changes of the product, which will improve the quality or changes as well
as errors in the discription are reserved.
3. Supply
Times for delivery are non committal, as far as we do not
agree expressly in writing form. Partial deliveries are permissible. The
way of transit is determined by us. Recognizable transport damages have to
be immediately noted on the customer receipt of the deliverer and signed
by the driver. Covered transport damages are to be announced us within 5
days in writing. The damaged commodity and the packing are to be kept
available to proof purposes. If a return delivery is necessary Traub
Fahrzeugtechnik GmbH has to be informed before sending and the sending has
to be made cost-effective and free of charge. If the claim is accepted by
Traub Fahrzeugtechnik GmbH, the buyer gets a credit note for costs of
resending.
4. Payment
If not arranged in different terms delivery is made against
advanced payment. We reserve the right of accepting different forms of
payment if agreed in written form by us. Buyer failing to make payment in
time will be held liable for any resulting consequences such as loss of
exchange etc. With delay of payment we are allowed to charge the buyer
Euro 10.- for each printed reminder. Also the buyer will be charged for
bank interest as well as for all collection charges because of payment
delay. First orders, special productions take place against prepayment.
Traub Fahrzeugtechnik GmbH keeps owner of the delivered goods until the
complete payment through the customer.
5. Dispatch
The dispatch takes place on danger of the buyer. Transport
costs or charges for delivery go debited to the receiver. Same applies to
express impacts and packing expenditure, if not other arrangements agreed
in writing from us.
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6. Retention of title
The supplied commodity remains up to the complete
payment our own. The buyer is permitted to use our products for a pawn, a
safety conveyance or a safeguard assignment.
7. Quality liability
By this customer guarantee, Traub Fahrzeugtechnik
GmbH guarantees the product to be free from defects in materials and
workmanship for a period of 12 month after delivery. This guarantee will
not cover the damages resulting from adaptions or adjustments which may be
made to the product without the prior written consent of Traub
Fahrzeugtechnik GmbH. This guarantee does not cover any damage resulting
from misuse the product for its normal purpose or in accordance our
instructions on the proper use and maintanance. Colour changes and colour
deviation from printed leaflets are excluded from the guarantee.
Recognizable lack must be communicated to us in writing immediately after
knowlege. The buyer cannot refuse payment because of any counterclaims or
on counterclaims up count her, unless these counterclaims is in writing
recognized from us or judicially determined.
8. Place of delivery and area of jurisdiction
For contracts as place of
delivery and area of jurisdiction the headquarter of Traub Fahrzeugtechnik
GmbH society is agreed upon, under the condition that we are also entitled
to complain at an address of the buyer. The contractual relation is
subject to the right of the Federal Republic of Germany. With publishing
this terms all previous descriptions become unvalid. If one of these
conditions should be completely or become partial ineffective, the
validity of the remaining conditions are not affected thereby.
12/2004
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