mass_spectrometer Pfeiffer обзор (1248468), страница 20
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Delivery ContentPfeiffer Vacuum’s signed order confirmation forms the basis for determining the contents and all other details concerning the merchandise, and in case of a tender limited in time from Pfeiffer Vacuum and the acceptance of the tenderby the purchaser within the period stipulated, this will be the tender, unless an order confirmation is available fromPfeiffer Vacuum in time.
Any collateral agreements and changes must be confirmed by Pfeiffer Vacuum in writing.IV. Prices and Payments1. Prices are either ex works or, if applicable, the consigning sales office, including loading, but excluding packagingand official value-added tax. Pfeiffer Vacuum is entitled to invoice costs incurred in packaging and reserves theright to require return of transport packaging materials free of charge, providing such packaging has been providedfree of charge. Returned packaging will not be credited.2. In the absence of any special agreements, payment is to be made in cash without deductions to Pfeiffer Vacuumat its place of business.
As for systems and plants, the following payment terms will be applicable:30 % prepayment after receipt of the order confirmation,40 % once the purchaser has been advised that the main parts are ready for dispatch,20 % after delivery of the goods, and the remainder within the period of one month after transfer of risk.3. The purchaser shall only be entitled to withhold payments or set them off against any counterclaims, if thesecounterclaims are undoubted and legally effective.4. The minimum order value amounts to Euro 100,–.5.
As for goods returned Pfeiffer Vacuum will invoice for the necessary function testing and other processing costsat the rate of 10 % of the net value of the merchandise, but at least Euro 100,–.6. With the cancellation of an order we will charge a 15 % cancellationfee of the cancelled order value. A cancellation has to take place in writing and is possible within 14 days after our order acknowledgement only.V. Delivery Time/Delayed Delivery1. The delivery time is based on the agreements reached between the contracting parties. To be able to observe thedelivery time from Pfeiffer Vacuum, it has to be ensured, that all commercial and technical questions between thecontracting parties are clarified, and that the purchaser has fulfilled all of his obligations, for example the presentation of the documents, approvals, releases to be procured by the purchaser, or that the prepayment agreedupon has been made.
If this is not the case, the delivery time shall be appropriately extended. Insofar as the delayfalls under the responsibility of Pfeiffer Vacuum, this will not apply.2. The observance of the delivery period is subject to the proviso that the raw materials and supplies are suppliedto Pfeiffer Vacuum correctly.3. The delivery period is deemed observed, when the goods have left Pfeiffer Vacuum’s works at the time the deliveryperiod would normally expire, or when it is at that time reported to be ready for dispatch. As far as an acceptancetest has to be made prior to delivery, then the date of the acceptance test will – except for a justified refusal totake delivery – be decisive or alternatively the notification that the merchandise is ready for the acceptance test.4.
If the dispatch or the acceptance of the goods to be delivered is delayed due to reasons falling under the responsibility of the purchaser, he will be charged for the costs incurred by the delay, beginning one month after the notification that the merchandise is ready for dispatch or for the acceptance test.5. If the nonobservance of the delivery period has been caused by force majeure, strikes, lock-outs or any otherevents beyond the control of Pfeiffer Vacuum, the delivery period will be appropriately extended.
This also applieswhen a sub-contractor is subjected to such events. Nor are the circumstances described above the responsibilityof Pfeiffer Vacuum when they arise during an existing delay. In important cases, Pfeiffer Vacuum will inform thepurchaser as soon as possible with regard to when such hindrance begins and ends.6. The purchaser shall be entitled to withdraw from the contract without notice, if the entire performance has priorto the transfer of risk finally been made impossible for us. Furthermore the purchaser shall be entitled to withdraw from the contract, if in the case of an order the execution of same has in part become impossible, and if hehas a legitimate interest in rejecting the partial delivery.
If this does not prove to be true, then the purchaser shallhave to pay the contractual price referring to the partial delivery. The same shall apply in case of Pfeiffer Vacuum’sinability to perform. Apart from this paragraph IX. 2 will apply. In the event the impossibility or the inability to perform occurs during the default in accepting the delivery of merchandise, or if these circumstances fall solely orpredominantly under the responsibility of the purchaser, he shall be obliged to quid pro quo.7. If Pfeiffer Vacuum causes a delay in delivery and the purchaser suffers damage therefrom, he shall be subject tothe exclusion of further claims and entitled to claim a flat-rate compensation for delayed performance.
The compensation will amount to 0.5 % of the invoice amount per full week of the delay, up to a maximum of 5 % of thevalue of that part of the total delivery, which due to the delay, can not be delivered in time or not be used accordingto the contract. Any further claims resulting from default of delivery may only be derived from paragraph IX. 2. Ifthe purchaser concedes the supplier being in default – with due regard of legal exceptions – an adequate periodof time for performance and this period of time is not observed, the purchaser shall within the framework of legalprovisions be entitled to withdraw from the contract.8.
If the dispatch of the merchandise is delayed upon the request of the purchaser, he will be charged the costsincurred by the storage, beginning one month after the notification of readiness for dispatch, in case of storagein Pfeiffer Vacuum’s factory or sales office, however, at least 0.5 % of the invoice amount for each month.Pfeiffer Vacuum shall in addition to this have the right, to otherwise dispose of the merchandise to be deliveredafter a lapse of an appropriate period of time and to effect the delivery to the purchaser subject to a reasonablyextended period of time.VI.
Transfer of Risk and Acceptance1. The risk is transferred to the purchaser at the latest at the time of dispatch of the merchandise. This also applies topartial deliveries or where Pfeiffer Vacuum has agreed to render other performances e. g. to meet the costs of freightor the delivery and installation. The purchaser can request at his own cost Pfeiffer Vacuum to arrange insuranceto cover theft, breakage, transport/fire/water damage as well as other insurable risks. As far as an acceptancetest has to be made, the date scheduled for this will determine the transfer of risk. The acceptance test must beperformed without delay on the fixed date, or alternatively after Pfeiffer Vacuum’s notification of readiness for theacceptance test.
The purchaser may not refuse acceptance in the absence of any essential fault or deficiency.2. If the dispatch or the acceptance is delayed or not initiated due to circumstances not falling under the responsibility of Pfeiffer Vacuum, the risk will be transferred to the purchaser by the day on which the readiness fordispatch or for the acceptance test has been notified.
Pfeiffer Vacuum commits itself to take out the insurancesrequested by the purchaser at his expense.3. The purchaser is obliged to accept merchandise supplied, even when negligible imperfections are involved andwithout prejudice to his rights under paragraph VIII.4. Partial deliveries will be permissible, as far as the purchaser can be reasonably expected to accept these.VII. Retention of Property Rights1. Pfeiffer Vacuum retains ownership of the merchandise until full payment has been received and up to the settlementof any outstanding receivables due to Pfeiffer Vacuum or to other companies within the Pfeiffer Vacuum Groupfrom the purchaser or from companies within the purchaser's Group.
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