Schwarz Maschinenbau Logo
  • Freiburgerstraße 3b
  • DE-79822 Titisee-Neustadt
  • Telefax: 0 76 51 / 37 70
  • Telefon: 0 76 51 / 57 70
 
 

General Business Terms and Conditions (Status as of 15.05.2003)

Section 1: Application of the Conditions

The deliveries, services and quotations of the entrepreneur shall take place exclusively on the basis of these business terms and conditions Any counter confirmations of the party ordering with indication to his business or purchase terms and conditions are hereby rejected.

Section 2: Quotations and conclusion of agreement

1. Any quotations contained in brochures or advertisements are, with respect to the statement of price, subject to confirmation and non-binding. The Entrepreneur shall be bound to specially drawn up quotations for 30 calendar days from the date of the quotation.

2. Any side arrangements, amendments, supplements and/or other deviations from these business terms and conditions shall only be applicable if the Entrepreneur has declared his consent. Such agreements shall be made in writing.

3. Information in quotations and/or order confirmations of the Entrepreneur which are based on an obvious error, namely a printing or calculatory error shall not obligate the Entrepreneur. Rather, the obviously desired declaration shall apply.

4. The quotation documents, drawings, descriptions, samples and cost estimates of the Entrepreneur may neither be passed on, published, duplicated nor otherwise made accessible to third parties without his approval. The documents shall be returned on demand without the retention of any copies.


Section 3: Price, price modifications

1. The prices are subject to the statutory turnover tax.

2. Inasmuch as more than six months lie between the conclusion of the agreement and the agreed and/or actual date of delivery, the prices of the entrepreneur valid at the time of delivery or readiness shall apply; if the latest-stated prices exceed those agreed at first by more than 10%, the party ordering is entitled to withdraw from the agreement.


Section 4: Delivery periods

1. Delivery dates or periods, which can be agreed as binding, require written form. They shall only be binding if an expressed declaration of the Entrepreneur is made in this respect.

2. The entrepreneur shall only be responsible for delays and/or impossibility of his deliveries and services if he, his statutory representatives or his vicarious agents have brought about the obstacle to performance with intent or gross negligence.

This principle shall apply in particular in the case of force majeure, strike, lock-out, official instruction etc. even if the obstacles occur with suppliers of the entrepreneur or their sub-suppliers. Consequently, correct and punctual self-delivery of the Entrepreneur remains reserved. The duration of a period of grace to be set by the party ordering in the case of delay in performance in accordance with the statutory regulations shall be fixed at two weeks which shall commence on receipt of the set period of grace by the Entrepreneur.


Section 5: Shipping and transfer of risk

The risk shall be transferred to the party ordering as soon as the shipment has been handed over to the person performing the transport or has left the works of the entrepreneur for shipping. If shipping is delayed or not carried out at the instigation of the party ordering, the risk shall be transferred to him on notice of the readiness for shipping.

2. At the request of the party ordering, deliveries shall be insured in his name and on his account


Section 6: Warranty

1. If the service or the object of delivery provided by the Entrepreneur is defective and/or assured properties are missing and/or, within the warranty period, damage occurs through fabrication or material defects, the Entrepreneur may, in accordance with his choice and excluding other warranty claims of the party ordering, deliver a replacement or subsequently improve the service or the object of delivery. Multiple improvements are permitted.

2. The warranty period shall commence on the date of the delivery or on acceptance and shall amount to six months inasmuch as no longer warranty period is compellingly prescribed by law.

3. Obvious defects in works services cannot be asserted after acceptance. Otherwise, for the purpose of adherence to the warranty claims of the party ordering, such defects shall be notified to the Entrepreneur in writing without delay, at the latest, however, within two weeks after delivery. The defective objects shall be kept ready for inspection by the Entrepreneur in the condition in which they were found at the point of time of determination of the defect.

4. Insignificant, reasonable deviations in the dimensions and execution – in particular in the case of subsequent orders – shall not be justification for complaint unless absolute adherence has been expressly agreed. Technical improvements and necessary technical modifications shall also be regarded as being in accordance with the agreement inasmuch as they do not represent any deterioration in the fitness for use.

5. If operating or servicing instructions of the Entrepreneur are not followed, modifications carried out on the products, parts replaced or consumption materials used, warranty shall lapse if the party ordering cannot refute a correspondingly substantiated assertion that just one of these circumstances led to the defect.

6. Any liability for normal wear and tear is ruled out.

7. If the subsequent improvement or the replacement delivery is unsuccessful, the party ordering can, in accordance with his own choice, demand a reduction in the price or rescission of the agreement.

8. The above regulations of this section shall not apply for the sale of already used objects. They shall be delivered excluding any warranty.

9. If the Entrepreneur is available to the party ordering over and beyond his statutory obligations for the issuance of information with respect to the use of his product, he shall only be liable in accordance with section 7 if special remuneration was agreed for this.

10. Warranty works shall be carried out at the place at which the machine was set up. If, in carrying out the warrant works, it should ensue that there is no defect, the purchaser of the machine undertakes to take over the works carried out and the costs incurred; travel costs for cars/lorries shall be charged and wages including travelling time in accordance with our rates customary for the location concerned.

If a machine should fail during the warranty period, the Supplier shall not take over any damages; he is, however, obliged to undertake all reasonable steps to eliminate the damage as quickly as possible.