Text from page 31 of catalogue Plugs
Page 31 of catalogue Plugs of Kunststoffverarbeitung Gebr. Hüfner Betriebs-GmbHVI. Other claims, liabilities If nothing to the contrary is stated below, other and further claims of Customer against us shall be ruled out. This shall particularly apply for claims to damages on account of breaches of obligations from the contractual relationship and from tort. We shall therefore not be liable for damages not occurring to the goods delivered themselves. Above all, we shall not be liable for loss of profits or other consequential loss by Customer. The above mentioned limitations of liability shall not apply for malice aforethought and gross negligence of our legal representatives or senior employees or for culpable breaches of essential contractual obligations. In the event of culpable breaches of essential contractual obligations, we shall only be liable - except for cases of malice aforethought or gross negligence of our legal representatives or senior employees - for damages typical for the contract and reasonably foreseeable. The limitation of liability shall further not apply in the cases in which there is liability for damage to persons or objects for privately used objects according to the Product Liability Act in defects of the goods delivered. It shall also not apply in cases to injury to life, limb or health or if assured properties are missing, if and insofar as the assurance had the precise purpose of securing Customer against damage not occurring to the goods delivered themselves. To the extent that our liability is ruled out or limited, this shall also apply for the personal liability of our employees, workers, fellow-workers, legal representatives and vicarious agents. The statutory provisions on onus of proof shall remain unaffected hereby. VII. Payment terms Payment shall be made "net cash" within 20 days as a matter of principle, however no later than the day of the latest payment period stated on the invoice. Payments within 8 days can be made with 2 % discount. If we have indisputably delivered partly defective goods, our Customer shall nevertheless be obliged to make the payment for the defect-free part, unless the part delivery is of no interest to it. Apart from this, Customer can only offset with legally effective or undisputed counter-claims. If the payment period is exceeded, we shall, notwithstanding further claims to damages, be entitled to charge default interest without further reminder to the amount of the rate which the bank charges us for current account loans, albeit at least 8 percentage points above the basic interest rate of the European Central Bank at the time. In arrears in payment or a considerable deterioration of Customer's economic situation after conclusion of the contract, we shall be entitled to demand pre-payment and securities on account of claims which are mature and not yet mature from all existing contracts and to reject fulfilment until pre-payment or securities are rendered. If Customer fails to comply with the request for pre-payments within a suitable subsequent period set by us, we shall be entitled, at our option, to withdraw from the contract or to demand damages on account of non-performance. The same shall apply if circumstances making creditworthiness of Customer appear dubious and in existence upon or before conclusion of the contract only become known to us after conclusion. Unpunctual payment shall entitle us, in part delivery, to reject further delivery of the quantity still to be delivered from the contract without an obligation to damages. Rights of offsetting shall only accrue to Customer if its counter-claims are legally effective, undisputed or have been acknowledged by us. Rights of retention can only be exercised for claims which are undisputed, ready for decision or legally effective and only if they are based on the same contractual relationship. Reference to exclusion of rights of retention shall additionally be forfeited if we have made ourselves guilty of gross breaches of the contract. For sales in foreign currency, Customer shall bear the exchange rate risk upon conclusion of the contract. VIII. Retention of title We reserve ownership of the goods delivered until fulfilment of all claims from the business relationship with Customer. Customer shall be entitled to sell these goods in the ordinary course of business as long as it punctually complies with its obligations from the business relationship with us. However, it may neither pledge nor transfer the conditional commodities by way of security. It shall be obliged to secure our rights in credited reselling of the conditional commodities. . In arrears in payments by Customer, we shall, following setting of a suitable subsequent period and also without withdrawal, be entitled to demand return of the conditional commodities at Customer's expense. Customer entitles us here and now to have access to its premises and to collect the goods delivered. Return of the goods or claiming of rights of retention and seizure of the goods shall only entail a withdrawal from the contract if we expressly declare this. We shall be entitled to withdraw from the contract if an application for opening of insolvency proceedings against Customer's assets has been made. All claims and rights from the sale or, possibly, rental of goods permitted to Customer, to which rights of ownership accrue to us, shall be ceded to us here and now by Customer by way of security. We hereby accept this cession. Any processing and machining of the conditional commodities shall always be done by Customer on our behalf. If the conditional commodities are processed or inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the invoice for the conditional commodities to the other processed or mixed objects at the time of the processing or mixing. If our commodities are combined or inseparably mixed with other movable objects to form a single object and if the other object is to be regarded as the principal object, Customer shall transfer co-ownership to us pro rata insofar as the principal object belongs to it. Customer shall keep the property or co-property on our behalf. The same shall apply for the object resulting from the processing, combining or mixing, as the case may be, as for the conditional commodities. Customer shall notify us without delay of compulsory enforcement measures of third parties against the conditional commodities, the claims ceded to us or other securities, handing over the documents necessary for an intervention. This shall also apply for impairments of any kind. We shall release the securities accruing to us in accordance with the above provisions upon request by Customer insofar as the value of the commodities delivered under our retention of title exceeds the claims to be secured by more than 20%. IX. Place of performance, venue and applicable law The place of performance for both parties shall be Waltershausen. Venue in any case - also for plaints on bills of exchange and cheques - shall be Erfurt. The contractual relationship shall be exclusively governed by the law of the Federal Republic of Germany. Application of the United Nations Convention of April 11, 1980 of the International Sale of Goods (CISG - "Vienna purchasing law") shall be ruled out. X. General Subsidiary agreements shall be in writing and shall only be effective if they have been expressly confirmed by us in writing. This shall also apply for doing away with the necessity of written form. Should any of the above terms and conditions be or become ineffective for any reason, the effectivity of the remaining terms and conditions shall remain unaffected.
Kunststoffverarbeitung Gebr. Hüfner Betriebs-GmbH Papiermühlenstraße 58 99880 Waltershausen / Germany 01.October 2008
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A choice of products and services from the Kunststoffverarbeitung Gebr. Hüfner Betriebs-GmbH delivery programme: Nail anchors Plastic anchors Expansion dowels ... You will find information about the complete product range in the Kunststoffverarbeitung Gebr. Hüfner Betriebs-GmbH catalogues.