Condições gerais de venda

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Condições gerais de venda

I. Scope of application

  1. PETROFER CHEMIE H. R. Fischer GmbH + Co. KG deliveries, services and offers are based solely on these conditions of business. These provisions shall also apply to all future business relationships, even if they have not been expressly agreed upon. The conditions shall be considered as accepted upon receipt of goods or services at the very latest. Notice of objection to any counterclaims made by the purchaser with reference to his business or purchasing conditions is hereby given.
  2. Any deviation from these business conditions shall not apply without PETROFER CHEMIE H. R. Fischer GmbH + Co. KG’s express written consent.

II. Offers and contracts

  1. Any offers made by PETROFER CHEMIE H. R. Fischer GmbH + Co. KG are without obligation and non-binding. Any declaration of acceptance and all orders require written confirmation from PETROFER CHEMIE H. R. Fischer GmbH + Co. KG in order to apply. This also applies to supplements, modifications or collateral agreements.
  2. Ordered quantities may be exceeded or undercut if they do not comply with PETROFER CHEMIE H. R. Fischer GmbH + Co. KG packaged amounts or if they are part of a special make. All calculations shall be based on the weight ascertained at departure from PETROFER CHEMIE H. R. Fischer GmbH + Co. KG.
  3. PETROFER CHEMIE H. R. Fischer GmbH + Co. KG employees are not authorized to make verbal ancillary agreements or verbal warranties above and beyond the terms of the written agreement.

III. Prices / price fixing

  1. If not otherwise stipulated, PETROFER CHEMIE H. R. Fischer GmbH + Co. KG guarantees the prices listed in its offers for 30 days effective from the date of the offer. Prices listed in the order acknowledgement shall apply, plus any legally applicable sales tax. Additional deliveries and services will be charged separately.
  2. The prices listed apply per 100 kg or 100 l, per piece or per package.

IV. Packaging

Disposable packaging becomes property of the purchaser. Loaned packaging is to be returned, completely emptied, in reusable condition delivered free to Hildesheim within 3 months. Should the loaned material not be returned, PETROFER CHEMIE H. R. Fischer GmbH + Co. KG reserves the right to charge the cost of the loaned material to the customer. It is not permissible to use loaned packaging to store third party’s or used products; the packaging is to be protected fromadverse weather conditions.

V. Terms of delivery and service

  1. Delivery deadlines and dates are only approximate insofar as PETROFER CHEMIE H. R. Fischer GmbH + Co. KG has not agreed otherwise in writing. Delivery deadlines begin with receipt of the order acknowledgement, but not before all of the details involved in the completion of the order have been clarified. Partial deliveries are permissible and will be charged separately.
  2. PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is not responsible for delays in delivery and service as a result of force majeure and as a result of events which make deliveries by PETROFER CHEMIE H. R. Fischer GmbH + Co. KG exceptionally difficult or impossible – this includes strikes, lockouts, insufficiency of raw materials, transport difficulties, weather inclemency, official regulations, etc. even if these apply to PETROFER CHEMIE H. R. Fischer GmbH + Co. KG’s suppliers – regardless of binding agreements on specific deadlines or dates. PETROFER CHEMIE H. R. Fischer GmbH + Co. KG reserves the right to postpone delivery or service for the duration of the hindrance plus a reasonable lead time or to withdraw from the contract partially or in full with respect to the incomplete part of the delivery.
  3. Insofar as PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is responsible for default or failure to meet binding delivery dates and deadlines, the customer is entitled to default compensation in the amount of 1/2% for each complete week of delay, amounting to a maximum of 5% of the invoice value of the delivery or services affected by the delay. Any further claims made by the customer shall be void unless the delay has been caused by gross negligence on the part of PETROFER CHEMIE H. R. Fischer GmbH + Co. KG.
  4. Compliance with delivery deadlines assumes fulfilment of all customer obligations. In the event that the customer is severely in arrears with his payments, PETROFER CHEMIE H. R. Fischer GmbH + Co. KG reserves the right to demand payment in advance.

VI. Passage of risk

  1. The risk passes to the customer as soon as the goods leave the PETROFER CHEMIE H. R. Fischer GmbH + Co. KG warehouse for the purpose of delivery. In the event that delivery becomes impossible, at no fault of PETROFER CHEMIE H. R. Fischer GmbH + Co. KG, the risk shall pass to the customer as soon as he receives confirmation that the goods are ready for dispatch.
  2. Should the customer not duly accept properly executed orders or services, or in the event that delivery is delayed at the express request of the customer, PETROFER CHEMIE H. R. Fischer GmbH + Co. KG reserves the right to store the goods at the expense and risk of the customer or to hold the goods in safecustody. The customer shall carry all storage costs that incur, at least 0.5% of the purchase price each month, unless he can prove that the actual costs incurred are much lower. PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is entitled to otherwise dispose of these goods if delivery is not executed within a reasonable period and to charge the customer with damages amountingto a minimum of 20% of the purchase price, unless the customer can prove that the actual damages incurred are much lower.

VII. Terms of payment

  1. In the event of no agreement to the contrary, all PETROFER CHEMIE H. R. Fischer GmbH + Co. KG invoices are payable without deductions 30 days after their issue. Services, such as the disposal of used salt, regeneration and evaporation, test chemicals and equipment are payable immediately strictly net cash.
  2. Despite any customer conditions to the contrary, PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is entitled to charge any payments received against older customer debts. The customer will receive due notice of this. If costs and interest have been incurred, the payment shall first apply to the costs, then the interest and finally the main debt. 3. If the customer is in arrears, PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is entitled to charge interest in the amount of 8% in excess of the valid German Federal Bank rate starting from the date concerned. PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is also entitled to charge the customer EURO 10 for the processing of each payment reminder. 4. The customer is not entitled to offset, withhold or reduce the purchase price, even if customer complaints or counterclaims are put forward, unless counterclaims are legally binding and undisputed.

VIII. Reservation of ownership

  1. All delivered goods remain the sole property of PETROFER CHEMIE H. R. Fischer GmbH + Co. KG (goods subject to reservation) pending satisfaction of all claims, regardless of their legal basis, including future or contingent claims resulting from contracts concluded at the same time or at a later date. This shall also apply if payments are made for specially described claims. For sales on current account, the reservation of ownership shall apply to secure the balance payment.
  2. Should the customer combine PETROFER CHEMIE H. R. Fischer GmbH + Co. KG goods with other movable property inseparably, it is agreed that the property of the customer with respect to the single product will be transferred to PETROFER CHEMIE H. R. Fischer GmbH + Co. KG in the value of its share (invoice price). The customer will store the (joint) property of PETROFER CHEMIE H. R. Fischer GmbH + Co. KG free of charge.
  3. The customer is entitled to process or sell the goods subject to reservation in orderly business transactions as long as he is not in arrears. Pledges or transfer of ownership by way of security are not permissible. The customer hereby transfers all legal claims with respect to the goods subject to reservation resulting from resale or for any other reason (insurance, tort, etc.) (including all of the outstanding claims of the current account) by way of security in full to PETROFER CHEMIE H. R. Fischer GmbH + Co. KG, who duly accepts the transfer. The customer authorises PETROFER CHEMIE H. R. Fischer GmbH + Co. KG to collect on the claims transferred to PETROFER CHEMIE H. R. Fischer GmbH + Co. KG at their own expense in their own name.
  4. In the event that third parties attempt to make claims on the goods subject to reservation, the customer will advise them of PETROFER CHEMIE H. R. Fischer GmbH + Co. KG’s ownership and notify PETROFER CHEMIE H. R. Fischer GmbH + Co. KG immediately. 5. If the customer does not act in accordance with the contract – in particular in cases of delay in payment – PETROFER CHEMIE H. R. Fischer GmbH + Co. KG is entitled to repossess the goods subject to reservation or to demand the transfer of the claim for customer’s return vis-à-vis third parties. The repossession or seizure of the goods subject to reservation by PETROFER CHEMIE H. R. Fischer GmbH + Co. KG does not constitute a withdrawal from the contract.
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