Conditions
Conditions
Conditions
Conditions of sale, delivery and payment as of November 1st, 2020
1. These terms of sale, delivery and payment are an integral part of the contract. The provisions of all other parts of the contract take precedence over those of these terms of sale, delivery and payment. Any general terms and conditions attached to the inquiry, order or declaration of acceptance by the buyer are not part of the contract, even if the seller has not expressly objected to them.
2. For all cases not mentioned here, the general terms and conditions of delivery of the business group electrical industry apply. The legal bases of the Federal Republic of Germany apply to the interpretation.
3. Oral agreements and changes are only valid if they have been confirmed in writing.
4. Orders placed with our representatives require our express written confirmation in order to be legally binding for us.
5. Our offers are non-binding.
6. This price list replaces all previous lists. The prices stated herein are recommended retail prices excluding VAT. We reserve the right to make any printing errors. SPEZIALELECTRIC reserves the right to adjust prices to market requirements or product changes without prior notice.
6a. We reserve the right to accept or reject your request for access to the price lists.
7. The invoice amount is to be paid in the currency shown on the invoice.
7a. We send our invoices by email.
8. If, after an order has been confirmed based on the information obtained, there is a risk to the receipt of payment, we are entitled to demand security or advance payment of the invoice amount or to withdraw from the contract.
9. The delivery times specified by us in offers, confirmations, etc. are set to the best of our judgment, but are only to be regarded as approximate and in no way binding on us. Any overdrafts do not entitle the buyer to withdraw from the contract or to claim compensation.
10. Unless otherwise agreed, orders and call-offs are to be accepted no later than 6 months from the date of the order, without any demand for acceptance or a notice of default on our part. We reserve the right to invoice the goods or cancel the order after this period has expired.
11. Deliveries abroad:
Up to EUR 500 net: ex works excluding packaging / insurance
From EUR 501.00 net: ex works including packaging / insurance
From EUR 1,501 net: CPT to your German forwarding agent or to another German address
or DAF free German border including packaging / insurance
11a. Surcharge for small quantities abroad:
Minimum order value EUR 125, - net. Surcharges for small orders: a processing fee of EUR 25.00 (20.00) is generally charged for orders that are accepted under EUR 125.00.
12. If the buyer is obliged under the contract to provide the seller with information about the manufacture of the purchased item or its specification and if he does not comply with this obligation in time, the seller is entitled, regardless of his rights under Section 13 and improper performance to determine the information yourself and then to manufacture the purchased item.
13. If the buyer does not fulfill his duty to cooperate on time, the deadlines for the seller's services are extended, without prejudice to the provisions of section 22, by the period of the delay caused by the seller, and the seller is entitled to demand compensation from the buyer for the To demand delay caused expenses.
14. Partial deliveries, early deliveries are permitted. If the seller notifies the buyer of the date of an early delivery or a partial delivery, the buyer has his obligations, including payment obligations, in order to fulfill as much earlier as the delivery is to take place in advance.
15. The purchased item remains the property of the seller (reserved goods) until the buyer fulfills all performance obligations, in particular payment obligations, from the business relationship, and in particular pays any current account balance. The handing over of bills of exchange or checks only counts as payment when the paper has been redeemed. The buyer is not entitled to pledge reserved goods or assign them as security. The buyer is only entitled to resell reserved goods (unprocessed, processed or combined) in the ordinary course of business; The buyer hereby assigns the resulting purchase price claims to the seller as soon as they arise. The buyer is obliged to inform the seller of the names of the third party debtors and the amount of their liabilities on request. As an authorized representative of the seller, he is only entitled to collect the assigned claims as long as he properly fulfills his obligations towards the seller. The assigned claims are to be collected on a separate account and the amounts collected remain the property of the seller. The buyer has to pay the collected amounts to the seller immediately. If the reserved goods are processed or processed by the buyer or on his behalf, the seller's retention of title extends to the new item. When processing or mixing with other things, the seller acquires co-ownership. The buyer must notify the seller in writing of the seizure of the reserved goods or the assigned claims by third parties by way of foreclosure, the announcement of such a seizure or the assertion of other claims by third parties with regard to the reserved goods or the assigned claims. If the effectiveness of the retention of title in the country of destination depends on legally prescribed requirements or formal requirements, and the buyer has not ensured that they are fulfilled in good time, this is considered a breach of duty within the meaning of section 22. The buyer has the purchased item at his own expense until it has been paid for in full to insure against all risks and to prove the conclusion of the insurance to the seller on request. If the insured event occurs, all claims of the buyer against the insurance company are deemed to have been assigned to the seller. If the value of the goods subject to retention of title not yet sold and the assigned claims exceed the claims to which the seller is entitled against the buyer by more than 20%, the seller is obliged to release securities at his option at the buyer's request.
16. The seller is obliged to use the purchased item from the place of delivery at the buyer's expense to the place of destination, ie to the address given by the latter or, if no address has been given, to the buyer's registered office. The seller determines the transport route for free deliveries. In the case of ex-works deliveries without specific regulations, dispatch is always made to the best of our judgment. A responsibility for the cheapest transportation is not accepted.
17. As far as it is customary to pack the purchased item, the seller must pack and mark the goods for the normal duration of the transport from the place of delivery to the destination in the manner customary in the trade for the type of transport.
18. If goods are sent directly to third parties, the acceptance must take place in our works. Otherwise they are deemed to have been delivered in accordance with the conditions. If the buyer wants to inspect the goods for the purpose of acceptance in our factories, he must inform us of his intention in good time.
19. The packaging is charged at cost price.
Return of packaging: The prices agreed with you do not include the return of packaging from «freight collect deliveries». Of course, we take the packaging back on the basis of “return delivery excluding our packaging free domicile”. Any other type of return must be agreed with us in writing. In any case, our previously agreed sales prices will then change.
20. Is the amount to be delivered with "approx." or a similar clause or if a quantity deviation is customary in the trade (packaging unit), the seller is entitled to determine the amount of the deviation within a tolerance of 10%.
21. The seller is obliged to deliver the purchased item in an average type and quality. Samples, drawings, descriptions, catalog and brochure information, etc. are only binding if this has been expressly agreed.
22. If the purchased item has been sent to the destination or if the seller has not shipped the purchased item due to breach of duty on the part of the buyer and stores the purchased item, the delivery is deemed to have been completed. The buyer bears the costs of storing and maintaining the value of the purchased item and all other costs arising from breaches of duty by the buyer. In particular, the following are deemed to be breaches of duty by the buyer:
a) Failure to fulfill the contractual obligation on time to issue dispatch instructions or requests by the agreed date or - in the absence of an appointment - one month before the delivery date
b) Refusal of acceptance or failure to provide transport space on time
c) Failure to obtain the documents required for transit and import into the country of destination in good time
d) Failure to timely fulfillment of obligations arising from the agreed terms of payment or agreements on payment security.
23. With the completion of the delivery the risk is transferred.
24. If there is one of the breaches of duty on the part of the buyer named in section 22, the seller is entitled to withdraw from the contract and to claim compensation instead of storage.
25. Any damage occurring during transport does not entitle the recipient to refuse acceptance. Damage or shortage of weight must be detected and certified by the recipient immediately upon arrival of the shipment by rail or post office or by the forwarding agent or customs.
26. Only if the buyer inspects the purchased item immediately after it arrives at the destination and notifies any defects in quality or quantity immediately after the inspection or if the buyer, if an immediate inspection is not possible or the defects were not detectable during the inspection, the defects immediately Once this has been confirmed by written notification by registered mail (if possible by airmail), he is entitled to assert claims for defects within 3 months after completion of the delivery due to quality defects or within 1 months after completion of the delivery due to quantity defects. In the written confirmation of the notification of defects, the defects are to be precisely described and their obvious reasons stated. The notification of defects must also be supported by evidence (expert reports, analysis protocols etc., photographs or samples).
26a. The contractor is only liable for damage - for whatever legal reason - if he, his legal representatives or vicarious agents have caused damage intentionally or through gross negligence. Liability is excluded in the event of slight negligence.
27. If the buyer asserts justified defects, the seller grants subsequent improvement, replacement delivery or reduction (in the case of quality defects) or subsequent delivery or reduction (in the case of quantity defects). Only defects in the design, material or manufacture are deemed to be quality defects.
27a. In the event of a defect in the purchased item, the statutory right to subsequent performance is limited to the subsequent delivery of a defect-free item.
28. If the seller does not carry out the repair at the location of the purchased item and the buyer, he can request the buyer to cooperate free of charge.
29. If the seller has replaced the purchased item or parts thereof, the buyer is obliged, at the seller's request, to return the replaced purchased item or parts free of charge without delay.
30.If the buyer remedies a quality defect himself or through a third party within the deadline for asserting claims for defects and the seller had previously consented to this in writing, the buyer is entitled to request reimbursement of the costs actually incurred, but no more than the costs that the Seller would have spent to remedy the defect.
31. If the seller grants a guarantee, paragraphs 26 to 30 only apply insofar as the guarantee conditions do not contain any deviating regulations.
32. If the seller is prevented from fulfilling delivery or other performance obligations due to force majeure or other circumstances beyond his control, he is entitled to either extend the delivery time or to withdraw from the contract in whole or in part. Preferential penalties or other claims for damages on the part of the buyer are not given without prior express written agreement.
33. If, up to the day of delivery, exceptional wage increases and material price increases occur due to special economic events to an extent that could not be foreseen under normal circumstances, the seller is entitled to demand correspondingly higher prices in the appendix procedure or to withdraw from the purchase contract.
34. Terms of payment abroad:
for customers unknown to us: against prepayment or by arrangement
35. The place of performance for the payment of the purchase price is the seller's bank. The service is considered completed when the amount to be paid is credited to the seller's bank account.
36. Payments must always be made to us directly. Payments to third parties may only be made against specially issued powers of attorney.
37. If the buyer does not make payments on time, or if he does not provide letters of credit, bank guarantees or the like on the agreed date or if he does not extend them in good time if necessary, he shall pay the seller interest of 0.25% for each week of delay commenced the amount in arrears or the value of the letter of credit, the guarantee or the like. In these cases, the seller is entitled to withhold deliveries that are due (also from other contracts), provided that all outstanding payments are to be made (regardless of the due date) and that services are discontinued due to claims for defects.
38.Banking and legalization fees in both the seller and buyer's country are borne by the buyer.
39. Discount and bill charges are borne by the sender, and these are to be paid immediately. In the event of a change, we do not accept any liability for timely presentation or protest.
40. The buyer is not entitled to set off counterclaims that are disputed or not legally valid at the time of the set-off, or to withhold payments and services for this reason or to withdraw from the contract.
41. The place of performance is Ludwigsburg, the place of jurisdiction for both parts is Ludwigsburg.
42. We are not responsible for any violations of third party property rights not known to us. The customer is liable for this.
43. Product changes: SPEZIALELECTRIC reserves the right (at any time and without prior notice) to make all changes it deems necessary at its own and incontestable discretion, which serve the functional and qualitative improvement of the products, as well as in-house technological and production-related requirements.
We reserve the right to deviate from the illustrations.
44. Printing, typing or calculation errors release us from any obligations we may have entered into, even if these only emerge later.
45. Differences of opinion, disputes or differences in the interpretation of the content of the contract are to be settled in a friendly manner if possible; if this is not possible, by an arbitral tribunal that acts and decides according to the rules and regulations of the Paris International Chamber of Commerce (INCO-Terms 2020).
46. Various items that are sold by us and that are partially apparent from our catalog and website are intended exclusively for export and are therefore manufactured taking into account the level of safety technology in the countries of destination. This is based on security requirements other than those applicable in the FRG / EU. The articles may therefore not be brought into circulation in the FRG / EU.
47. Our label "for export":
Articles marked with "for export" are not approved for use in Germany or partially in the EU.
You must inform yourself about the legal situation regarding the approval and use as well as possibly the sale in your country.
A return of incorrectly ordered articles in this regard is not intended.
A reference for the re-export is possible.
If you order from us and do not contradict our order confirmation immediately, you accept our delivery and payment conditions, including our information, without reservation.
48.Origin of our goods:
If a movement certificate or a certificate of origin is required, we will specify the country of origin as the country of origin - if it is possible to create it at all:
European Union.
If you require a confirmation of origin from us, this must already be noted in your order so that we can comment on it in our order confirmation.
49. CE marking
Most of the items we carry are marked with "CE" on the product itself.
However, for a number of products the marking cannot be affixed or the parts are made from old tools before the CE marking has come into force.
In this case, the marking is on the packaging.
Not all of our products are CE compliant for the following reasons:
a) the parts were manufactured and manufactured before the CE regulation came into force and are in our warehouse
b) Some of our products that we import worldwide are built into devices in Germany or the EU that are exported.
These devices are manufactured according to the regulations of the respective country and are not subject to the regulations of the EU.
Most of the parts that we supply for these devices have certificates that are required for the respective country.
c) Articles that are imported or manufactured for export are not subject to a CE declaration according to the information we have available to us.
d) Articles that are required for repair purposes for old devices are not subject - according to our information - to the CE regulation.
50th WEEE Electrical Act (EAR):
We deliver our devices according to WEEE under the following conditions:
a) W = WEEE available
b) N = not required
c) B = as components
d) E = only for export
e) K = as a component
Articles that we deliver as “components” (K) or parts (B) are not delivered as “finished goods”.
Articles with the marking "E", "B", "K" are mostly not marked with the crossed-out wheeled bin marking.
The parts that are intended for export have some designations that are necessary for the country as a regulation for import.
Every buyer of our products must inform himself to what extent he uses the product he has bought and resells it.
51. Disclaimer
We have no influence on the content of linked websites and those operated by other providers, and we therefore accept no liability for them. The respective operators are solely responsible for the content of this external site.
At the time of linking there were no legal violations. However, we are unable to carry out ongoing checks. As soon as we become aware of legal violations through the linked pages, we will delete the respective link immediately.
52. Information on the EMBARGO
Spezialelectric undertakes to inform all business partners about the measures to comply with the applicable laws and regulations with regard to embargo, economic, commercial or financial transactions.
In the event that our customers and business partners act as exporters or resellers and if our trade agreements do not exclusively extend to the domestic market, we assume that our customers and business partners ensure that they obtain all licenses, shipping documents and permits that are due to of the defined provisions are required for the resale, export or re-export of products from Spezialelectric.
It is important to Spezialelectric that our business partners comply with all embargo regulations and take the following into account:
- No export or re-export of Spezialelectric products to a prohibited country or a country that is subject to restrictions without having obtained all necessary approvals from the European or US authorities, the United Nations or any other country that has imposed such restrictions .
- No delivery of Spezialelectric products to parties, companies or bodies that are subject to restrictions imposed by the Bus Republic of Germany, the USA, the EU, the UN or any other country. The same applies to deliveries to parties, companies or corporations for which there is reason to believe that they have not fully complied with the applicable national or international regulations.
- No export or re-export of Spezialelectric products for use in areas that are restricted by laws or regulations or that are currently subject to economic or financial sanctions.
If the delivery of products, services or documentation from Spezialelectric by our customers and business partners requires an export or import license from certain authorities or if delivery is prohibited due to an embargo, Spezialelectric is entitled until the approval is granted or for a period of time of restrictions or prohibitions to suspend their obligations to the customer.
This information is systematically included in all of our sales agreements - regardless of the country in question - and they are effective immediately.
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