General terms and conditions of the company Karl H. Arnold Maschinenfabrik GmbH & Co. KG, Gottlieb-Daimler-Str. 29, 88214 Ravensburg, Germany
Our warranty is limited to 12 months. The warranty can optionally be extended to 24 months. The warranty period begins with the delivery. Spare and wear parts such as laser optics, fibers, protective glasses, inductors, processing optics, nozzles and clamping devices are excluded from the warranty.
Complaints must be made in writing immediately, but no later than seven days after receipt of the goods.
The same applies to hidden defects after they have been discovered. If hidden defects are only discovered during processing, the not yet processed goods must be secured and made available to the seller for inspection.
|I||Delivery time:||after receipt of the written order and agreement of the delivery date
(as stated in the offer)
|II||Delivery terms:||FCA Ravensburg, according to Incoterms 2010|
|III||Validity:||The offer is valid for 30 days from the date of issue.|
|IV||Payment Terms:||The statutory value added tax at the respective statutory rate is added to the prices. In the absence of a special agreement, the payment is to be made to the account without any deductions free paying agent (bank account) of the supplier as follows:
- 30% deposit after receipt of the order confirmation
- 60% after notification of readiness for dispatch to the customer
- 10% within a further month
- or as stated on our written offer
The withholding of payments or the offsetting due to any counterclaims of the customer disputed by the supplier are not permitted.
|V||Availability:||According to VDI guideline 3423, with the following addition:
One month after handover, a technical availability of> 88% is guaranteed, from the 6th month a technical availability of> 92%, provided that the system is operated by staff trained by Arnold.
|VI||Pre-acceptance:||The preliminary acceptance of the system is carried out in our factory according to an acceptance report drawn up by us and includes proof of the perfect functioning of the machine. The acceptance can be accompanied and monitored by employees of the customer in our factory. The test results are logged and form the basis for the delivery of our scope of delivery.|
|VII||Final acceptance:||After commissioning in your factory, the final acceptance will be repeated according to our acceptance report. If all conditions are met, the acceptance is considered completed. If, for reasons for which we are not responsible, the agreed acceptance of the deliveries or services does not take place by the end of the warranty period at the latest, the acceptance shall be deemed to have taken place. The acceptance is also deemed to have taken place if the delivery is used by the customer for production without having been accepted.|
|VIII||Offer:||The documents belonging to the offer such as illustrations, drawings, weight and dimensions are only approximate unless they are expressly designated as binding. The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents; they may only be made available to third parties with the consent of the supplier.|
|IX||Scope of delivery:||The supplier's written order confirmation is decisive for the scope of the delivery. Subsidiary agreements and changes require the supplier's written confirmation.|
|X||Transfer of risk|
|1. The risk is transferred to the purchaser at the latest after the delivery parts have been loaded, even if partial deliveries are made or the supplier also provides other services, e.g. B. has taken over the shipping costs or delivery and installation. At the request of the customer, the delivery will be insured against theft, breakage, transport, fire and water damage and other insurable risks at the customer's expense.
2. If dispatch is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer on the day of readiness for dispatch. However, the supplier is obliged to arrange the insurance and interim storage required by the customer at the request and assumption of costs.
3. Delivered items are to be accepted by the customer, even if they have minor defects, without prejudice to the rights under Section VII.
4. Part deliveries are permitted.
|XI||Retention of title:||1. The supplier retains ownership of the delivery item until all payments from the delivery contract have been received.
2. The supplier is entitled to insure the delivery item against theft, breakage, fire, water and other damage at the expense of the customer, unless the customer can be shown to have taken out the insurance himself.
3. The customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, he must notify the supplier immediately.
4. In the event of breach of contract by the purchaser, in particular in the event of default in payment, the supplier is entitled to withdraw the reminder and the purchaser is obliged to surrender the goods. The assertion of the retention of title and the seizure of the delivery item by the supplier do not result in withdrawal from the contract.
|XII||Liability for defects|
|The supplier is liable for defects in the delivery, including the lack of expressly warranted properties, to the exclusion of further claims without prejudice to Section XV.4. as follows:
1. All those parts are to be repaired or re-delivered free of charge at the supplier's reasonable discretion, which within 6 months of commissioning as a result of a circumstance prior to the transfer of risk - in particular due to faulty construction, poor building materials or poor workmanship - as unusable or turn out not insignificantly impaired in their usefulness. The supplier must be informed immediately in writing of the discovery of such defects. Replaced parts become the property of the Supplier. If dispatch, installation or commissioning are delayed through no fault of the supplier, liability shall expire no later than 12 months after the transfer of risk. For essential third-party products, the supplier's liability is limited to the assignment of liability claims to which he is entitled against the supplier of the third-party product.
2. The right of the customer to assert claims for defects expires in all cases from the time of the timely complaint in 6 months, but at the latest when the warranty period expires.
3. We refer to the work contract law §631 and ff to §636 BGB, and the sales law §434 BGB and ff to §449 BGB.
4. The customer has to give the necessary time and opportunity for the preliminary acceptance of all repairs and replacement deliveries that appear necessary to the supplier at its reasonable discretion, after agreement with the supplier, otherwise the supplier is released from liability for defects. Only in urgent cases of endangering operational safety and to prevent disproportionately large damage, whereby the supplier must be informed immediately or if the supplier is in default of remedying the defect, the customer has the right to have the defect remedied himself or by a third party and to demand reimbursement of the necessary costs from the supplier.
|If, through the fault of the supplier, the delivered item cannot be used in accordance with the contract by the purchaser as a result of neglected or incorrect execution, suggestions and advice made before or after the conclusion of the contract, as well as other secondary contractual obligations - in particular instructions for the operation and maintenance of the delivery item - then others shall apply to the exclusion of others Claims of the customer the provisions of Sections XII.3. And XV.4. accordingly.|
|XIV||Jurisdiction:||In the case of all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, the action must be brought to the court that is responsible for the headquarters or the delivery branch of the supplier . The supplier is also entitled to sue at the headquarters of the customer|
|XV||Right of the customer|
on withdrawal, rescission and other liability of the supplier:
|1. Both parties can withdraw from the contract if the fulfillment of the contract becomes impossible. This also applies to partial deliveries.
2. If there is a delay in performance within the meaning of Section I. of the delivery conditions and if the customer grants the delayed supplier a reasonable grace period with the express declaration that he will refuse to accept the service after this period has expired, and if the grace period is not adhered to, then the customer is entitled to withdraw.
3. If the impossibility occurs during the delay in acceptance or through the fault of the customer, the customer remains obliged to provide consideration.
4. We refer to the Product Liability Act - ProdHaftG of December 15, 1989 BGB1.IS.2198
|XVI||warranty:||Our warranty is limited to 12 months. The warranty can optionally be extended to 24 months. The warranty period begins with the delivery. Spare and wear parts such as laser optics, fibers, protective glasses, inductors, processing optics, nozzles and clamping devices are excluded from the warranty.
Complaints must be made in writing immediately, but no later than seven days after receipt of the goods. The same applies to hidden defects after they have been discovered.
If hidden defects are only discovered during processing, the not yet processed goods must be secured and made available to the seller for inspection.
Addition for the subcontracting and subcontracting business areas
The following paragraphs are excluded: IV, V, VI, VII, XI 1 + 4, XIII, because they do not apply to this business area.
All other points remain fully valid.
|XVII||Scope:||1. Unless expressly agreed in writing other terms than our delivery terms and conditions, but no later than upon receipt of the order confirmation without contradiction, the contractual partner (customer) accepts our terms and conditions.
2. These conditions of sale only apply to traders and companies within the meaning of Section 14 of the German Civil Code (BGB). They are also valid for all future business, even if they have not been expressly agreed again. Conditions of the buyer that contradict or deviate from ours will not be recognized by us.
|Unless other terms of payment have been agreed in writing, the following conditions apply:
Invoices are payable within 14 days less a 2% discount
Invoices are payable strictly net within 30 days.
|XIX||Place of fulfillment:||The client must deliver the material to be processed carriage paid to the contractor. The place of performance for all services is the contractor's works.|
|XX||Delivery and transfer of risk:||We only deliver FCA Ravensburg. The transfer of risk to the client is completed when the goods are loaded. The contractor will organize the transport at the customer's request. The costs for this will be charged extra. Nevertheless, the transfer of risk is completed with the loading.|
|XXI||Condition of goods:||Workpieces for subcontracting are to be delivered in perfect condition. No processing can take place for defective parts. Delivered parts are to be documented in terms of quantity, description, material and dimensions (detailed delivery note) and, if necessary. to equip with standard-compliant factory drawings.|
|XXII||Liability:||1. We are only liable for the work we have performed and refer here to the Product Liability Act ProdHaftG of December 15, 1989, BGB1.IS.2198
2. If there is a faulty production due to incorrect, unclear or incomplete information from the customer, faulty or incorrect parts or materials provided, incorrect information in drawings and data sheets, we assume no liability.
3. A guarantee and liability for construction or material-related welding defects (e.g. cracks, pores, cavities, weld seam inclusions, seam overhang, seam collapse or weld spatter) is excluded in any case.
Liability for consequential damage and financial loss, unachieved production results and claims by third parties against the client is excluded in any case.
|XXIII||General notice:||Changes and additions to a contract for subcontracting and subcontracting, including our delivery terms and conditions, are only possible in writing.|