Oechsle Display Systeme GmbH Terms and Conditions of Sale
In these conditions Oechsle Display Systeme GmbH is called the “Company” and any person, firm or other party who buys or intend to buy goods or services from the Company is called the “Customer”.
“Contract” means the contract for the purchase and sale of goods or services.
“Conditions” means the standard Terms and Conditions of Sale set out herein.
Any order placed with the Company in pursuance of a quotation or otherwise shall be binding on the Company unless and until it is accepted by the Company in writing. Any Contract is subject to these conditions, which shall govern the Contract to the exclusion of any other Terms and Conditions. Any variations to these Terms and Conditions shall be inapplicable unless agreed in writing by the Company.
1. Quotation
Any quotation given by the Company is only an offer to the Customer and not binding. Pricelists, product specification in the Company’s catalogues, as well as images, technical drawings, weights and measurements are given without obligation. The Company reserves the right to make any changes in the specification of the goods, for the technical improvement of the goods, which do not materially affect their quality, appearance or performance nor the use of the goods. Specifications of colour or colour samples are only roughly. In case of part supplies the Company reserves the right of variations in colour.
2. Prices
The price shall be those prices prevailing at the date of despatch, or such other price as the parties may agree in writing. Unless specifically detailed in the Contract, the price is exclusive of VAT or any other sales tax, carriage, packing cost, freight or installation costs.
If, after a Contract was signed, unforeseeable increases in labour- or raw material costs or other circumstances that result in an increase of the goods costs may arise, the Company reserves the right to charge a reasonable higher price.
3. Delivery
Delivery of the goods shall be made by the Customer collecting the goods at the Company premises following the notification of the Company that the goods are ready for collection, unless other arrangement has been specified in the Contract.
Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be essence of the Contract.
The Company reserves the right to make deliveries by instalments and to render a separate invoice in respect of each such instalment. Any delay in the provision of such deliveries or failure to deliver any further instalment shall not entitle the Customer to reject the Contract or the delivery of any other instalment or to withhold payment for previously delivered instalments.
Whilst every effort shall be made to supply the quantity of goods ordered a delivered quantity of goods of 10 percent more or less that the ordered quantity shall be deemed to be due execution of the Contract.
Packing unless otherwise stated in the Contract will be charged at cost price and will not be taken back.
4. Force Majeure
The Company will not be liable for any failure on its part to perform all or any term of the Contract arising from any cause beyond the company’s control including act of God, war, strike, lock-out or other industrial dispute, fire, flood, shortages of materials, power failure or breakdown of machinery or plant.
5. Risk and Title
Risk of damage or loss of the goods shall pass to the Customer, when the goods leave the Company’s works. This will also be the case, where the Company has agreed to arrange for delivery to the Customer’s premises. Any claim by the Customer which is based on any defect in the quality, quantity or conditions of the goods shall be notified to the Company in writing within 3 days from the date of receipt of the goods.
Notwithstanding that the risk in the goods has passed to the Customer, ownership thereof shall not pass to the Customer unless and until all money owing to the Company by the Customer has been paid.
The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company.
6. Payment/Accounts
All accounts shall be paid within 30 days of the invoice date, unless otherwise agreed. For payments effected by the Customer within a 10 days period the Company allows for a 2% discount on the price of the goods invoiced only. This discount cannot be deducted when the Customer has failed to pay older and due invoices.
If the Customer fails to make any payment on the due date, then the Company shall be entitled to charge the Customer interest on the amount unpaid, at the rate of 5% per annum above the German Bank Base Rate (acc.§ 247 BGB) from time to time in force. Any cost arising from this late payment will be charged to the Customer.
Where a credit account is not formally agreed then payment for the order will be required in advance before delivery is made or as agreed otherwise in the Contract.
7. Liability
The company will replace goods that fail to correspond with their specification or from defects in material or workmanship for a period of 6 months from the date of delivery and the Customer has to notify the Company of such defect or failure within 3 days form delivery or in case of hidden defects within 2 months from delivery at the very latest.
The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, abnormal working conditions or misuse or failure to follow the Company’s instructions for use.
Where any valid claim or failure to meet the specification of the goods supplied is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the goods or refund to the Customer the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Customer.
The company shall be under no liability in respect of any loss (including consequential loss) the Customer may thereby sustain.
8. Returns
The customer shall not be entitled to arrange for returns of goods without the Company’s written agreement.
9. Copyright
Copyright in any product manufactured by the Company or in any design, sample, drawing or illustration produced by the Company remains the property of the Company unless subject to special written arrangements.
10. Disputes
These terms and conditions shall be governed by and construed in accordance with German Law. Place of fulfilment of deliveries is Leipheim, Germany. Any disputes arising under or in connection with these conditions or the sale of the goods shall, if not settled by agreement, be referred to the arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the German Institution of Arbitration e. V. (DIS office Munich).
Stand: 04/2008
In these conditions Oechsle Display Systeme GmbH is called the “Company” and any person, firm or other party who buys or intend to buy goods or services from the Company is called the “Customer”.
“Contract” means the contract for the purchase and sale of goods or services.
“Conditions” means the standard Terms and Conditions of Sale set out herein.
Any order placed with the Company in pursuance of a quotation or otherwise shall be binding on the Company unless and until it is accepted by the Company in writing. Any Contract is subject to these conditions, which shall govern the Contract to the exclusion of any other Terms and Conditions. Any variations to these Terms and Conditions shall be inapplicable unless agreed in writing by the Company.
1. Quotation
Any quotation given by the Company is only an offer to the Customer and not binding. Pricelists, product specification in the Company’s catalogues, as well as images, technical drawings, weights and measurements are given without obligation. The Company reserves the right to make any changes in the specification of the goods, for the technical improvement of the goods, which do not materially affect their quality, appearance or performance nor the use of the goods. Specifications of colour or colour samples are only roughly. In case of part supplies the Company reserves the right of variations in colour.
2. Prices
The price shall be those prices prevailing at the date of despatch, or such other price as the parties may agree in writing. Unless specifically detailed in the Contract, the price is exclusive of VAT or any other sales tax, carriage, packing cost, freight or installation costs.
If, after a Contract was signed, unforeseeable increases in labour- or raw material costs or other circumstances that result in an increase of the goods costs may arise, the Company reserves the right to charge a reasonable higher price.
3. Delivery
Delivery of the goods shall be made by the Customer collecting the goods at the Company premises following the notification of the Company that the goods are ready for collection, unless other arrangement has been specified in the Contract.
Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be essence of the Contract.
The Company reserves the right to make deliveries by instalments and to render a separate invoice in respect of each such instalment. Any delay in the provision of such deliveries or failure to deliver any further instalment shall not entitle the Customer to reject the Contract or the delivery of any other instalment or to withhold payment for previously delivered instalments.
Whilst every effort shall be made to supply the quantity of goods ordered a delivered quantity of goods of 10 percent more or less that the ordered quantity shall be deemed to be due execution of the Contract.
Packing unless otherwise stated in the Contract will be charged at cost price and will not be taken back.
4. Force Majeure
The Company will not be liable for any failure on its part to perform all or any term of the Contract arising from any cause beyond the company’s control including act of God, war, strike, lock-out or other industrial dispute, fire, flood, shortages of materials, power failure or breakdown of machinery or plant.
5. Risk and Title
Risk of damage or loss of the goods shall pass to the Customer, when the goods leave the Company’s works. This will also be the case, where the Company has agreed to arrange for delivery to the Customer’s premises. Any claim by the Customer which is based on any defect in the quality, quantity or conditions of the goods shall be notified to the Company in writing within 3 days from the date of receipt of the goods.
Notwithstanding that the risk in the goods has passed to the Customer, ownership thereof shall not pass to the Customer unless and until all money owing to the Company by the Customer has been paid.
The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company.
6. Payment/Accounts
All accounts shall be paid within 30 days of the invoice date, unless otherwise agreed. For payments effected by the Customer within a 10 days period the Company allows for a 2% discount on the price of the goods invoiced only. This discount cannot be deducted when the Customer has failed to pay older and due invoices.
If the Customer fails to make any payment on the due date, then the Company shall be entitled to charge the Customer interest on the amount unpaid, at the rate of 5% per annum above the German Bank Base Rate (acc.§ 247 BGB) from time to time in force. Any cost arising from this late payment will be charged to the Customer.
Where a credit account is not formally agreed then payment for the order will be required in advance before delivery is made or as agreed otherwise in the Contract.
7. Liability
The company will replace goods that fail to correspond with their specification or from defects in material or workmanship for a period of 6 months from the date of delivery and the Customer has to notify the Company of such defect or failure within 3 days form delivery or in case of hidden defects within 2 months from delivery at the very latest.
The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, abnormal working conditions or misuse or failure to follow the Company’s instructions for use.
Where any valid claim or failure to meet the specification of the goods supplied is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the goods or refund to the Customer the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Customer.
The company shall be under no liability in respect of any loss (including consequential loss) the Customer may thereby sustain.
8. Returns
The customer shall not be entitled to arrange for returns of goods without the Company’s written agreement.
9. Copyright
Copyright in any product manufactured by the Company or in any design, sample, drawing or illustration produced by the Company remains the property of the Company unless subject to special written arrangements.
10. Disputes
These terms and conditions shall be governed by and construed in accordance with German Law. Place of fulfilment of deliveries is Leipheim, Germany. Any disputes arising under or in connection with these conditions or the sale of the goods shall, if not settled by agreement, be referred to the arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the German Institution of Arbitration e. V. (DIS office Munich).
Stand: 04/2008
Contact us:
Oechsle
Display Systeme GmbH
Bubesheimer Straße 13-15
D-89340 Leipheim
Phone: +49 (8221) 2798-0
Fax: +49 (8221) 2798-27
E-Mail: info@oechsle.de
Internet: www.oechsle.de
Oechsle
Display Systeme GmbH
Bubesheimer Straße 13-15
D-89340 Leipheim
Phone: +49 (8221) 2798-0
Fax: +49 (8221) 2798-27
E-Mail: info@oechsle.de
Internet: www.oechsle.de