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General Terms and Conditions

General Terms and Conditions

General Terms and Conditions

Product catalog summary
General Overview
This document details the General Terms and Conditions of Business for transactions between the Seller and Purchaser, covering offers, delivery, payment, complaints, warranty, liability, and retention of title.
1. General Provisions
These terms apply to all offers and contracts. Any deviations require written confirmation from the Seller. If a provision is ineffective, the rest remain valid.
2. Offers and Delivery Times
Offers are non-binding, and the Seller may withdraw if the Purchaser has payment issues. Delivery times depend on the Seller receiving correct and timely deliveries unless otherwise agreed in writing.
3. Delivery and Risk
The Purchaser assumes risk upon delivery. Unloading is the Purchaser's responsibility. Strikes or unforeseen events release the Seller from delivery obligations.
4. Payment Terms
Payment is due upon receipt of goods unless deferred terms are agreed. Discounts apply only if no other payments are due. The Seller may demand advance payment if there are payment difficulties.
5. Complaints, Warranty, and Liability
Defects must be reported within five working days. The Seller's liability is limited to legal provisions, especially in cases of deliberate intent or gross negligence. Liability exclusions apply to the Seller's staff and agents.
6. Application Technology Notes
Instructions are guidelines and do not guarantee product success. The Purchaser is responsible for testing and assumes the risk of application success.
7. Retention of Title
The Seller retains ownership until full payment is received. If goods are processed or combined with others, the Seller may acquire joint ownership based on value.
Retention of Title
Goods remain the Seller's property until full payment. If sold with others not owned by the Seller, the Purchaser assigns claims from the sale to the Seller, covering the goods' value plus a 10% security supplement. If integrated into a third-party site, payment claims are assigned to the Seller.
Assignment of Claims
The Purchaser assigns claims from the sale of goods to the Seller, who accepts these assignments. The Seller authorizes the Purchaser to collect these claims unless payment obligations are unmet.
Obligations and Rights
The Purchaser must inform the Seller of third-party enforcement measures and provide necessary documents. The right to sell or use goods lapses in insolvency or payment cessation. If securities exceed claims by more than 20%, the Seller must release them.
Labelling
The Seller's permission is required for any labelling that might imply the goods were supplied by another entity.
Legal Venue
Stade, Germany, is the legal venue for all claims if conditions under § 38 of the German Code of Civil Procedure are met. Purchaser's rights from the contract are non-transferable.
Contact Information
Stadur Produktions GmbH & Co. KG, Ostereichen 2-4, 21714 Hammah, Germany. Phone: +49 (0) 41 44 / 234-0, Fax: +49 (0) 41 44 / 234-100, Email: [email protected], Website: www.stadur.com
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Catalog excerpts

General Terms and Conditions-1

General Terms and Conditions of Business

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General Terms and Conditions-2

General Terms and Conditions of Business  General Terms and Conditions of Business § 1 General 1. When the „Purchaser“ is mentioned in the following conditions of supply, performance and payment, our contractual partner is meant. When the „Seller“ is mentioned, we ourselves are meant. These conditions of supply and payment are an integral part of all offers and contracts regarding deliveries of goods and performance of the Seller, including current and future business relationships. Agreements and conditions of business that deviate from these conditions of business are only binding if they...

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General Terms and Conditions-3

Strikes, industrial conflicts or unforeseeable unusual events such as governmental measures, traffic disturbances etc. fully release the Seller from his delivery obligations for the duration of their effects or in case of impossibility. In case of delayed performance on the part of the Seller or impossibility of performance for which he is responsible, claims for damages on the part of the Purchaser are excluded unless they are based on deliberate intent or gross negligence on the part of the Seller, or a legal representative or vicarious agent of the Seller. If an agreed delivery date or an...

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General Terms and Conditions-4

§ 5 Complaints, warranty and liability The obligations of §§ 377 of the German Federal Commercial Code only apply on condition that the Purchaser, who is a merchant in the sense of said Commercial Code, reports in writing all recognisable, and the Purchaser, who is not a merchant, reports all obvious defects, missing quantities and incorrect deliveries within 5 working days of delivery, or in any case certainly before the goods are processed or included into other goods. Any transport damage must be reported immediately to the Seller in writing. In case of delivery by rail, local or long-distance...

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General Terms and Conditions-5

c) In so far as the attempt of subsequent fulfilment fails, is not completed by a suitable date set by the Purchaser or if the Seller refuses to provide subsequent fulfilment, the Purchaser is entitled to select between withdrawal from the contract, reduction of the purchase price corresponding to the loss of value caused by the defect or - within the limitation of the following paragraphs - to demand compensation for damages instead of the performance. d) If a material defect leads to damage, the Seller shall be liable in accordance with the statutory provisions, in so far as the damage consists...

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General Terms and Conditions-6

§ 6 Application technology notes The instructions for use, the installation and processing guidelines as well as the Seller‘s product or service data are only general guidelines; they describe only the properties of the Seller’s products and services and do not constitute a guarantee in the sense of paragraph 443 BGB (German Civil Code). Due to the variety of intended uses of the individual product and due to the respective special conditions, it is incumbent on the Purchaser to carry out his own testing. Even if the Seller provides the Purchaser with application support, the Purchaser bears...

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General Terms and Conditions-7

6. If goods of the Purchaser subject to retention of title are built into the site of a third party as a major component, the Purchaser already now assigns the claims from commercial sale of the site or rights associated with the site in the amount of the value of the goods subject to retention of title with all ancillary rights, with priority before other claims; the Seller accepts the assignment. Para. 3 Sentences 2 and 3 apply correspondingly. 7. Subject to cancellation, the Seller authorises the Purchaser to directly debit the claims assigned in accordance with Paras. 3,4, and 5. The Seller...

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General Terms and Conditions-8

Contact. Stadur Produktions GmbH & Co. KG Ostereichen 2-4, 21714 Hammah, Germany

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*Prices are pre-tax. They exclude delivery charges and customs duties and do not include additional charges for installation or activation options. Prices are indicative only and may vary by country, with changes to the cost of raw materials and exchange rates.