General terms of delivery GREIF Robot Schleifsystem GmbH

Our terms of delivery - among them also performances, suggestions, consultation and additional service are understood - take place only due to the following conditions.

Hereby one contradicts to different phrased conditions of the orderer; they are not also recognized, if we do not contradict you after receipt with us again.

I. Terminations

  1. All terminations and declarations/agreements become obligatory on the supplier only by the orderer in writing given agreement. Deviations from the following terms of delivery require the express written acknowledgment to their validity.
  2. This delivery causing apply also to all terminations and declarations/agreements transacted in the future with the salesman. The purchasing conditions of the buyer do not have validity for the terminations transacted with the salesman, even if this contradicts them not expressly.
  3. Objections of order confirmations or calculations must take place from within one week, them relieve not of the obligation to pay.
  4. Supplies understand themselves not-binding. Measurement and weight spezifications as well as figures and sketches are only Anna-honouring relevant, as far as they are not expressly obligatorily called. In the supply mentioned performances and consumption data can offer, although for this conscientious and detailed determinations were analysed in practice, only an approximate notion, because e.g. the performance curves of the machines and promotion units and so on. The different physical and chemical statuses and compositions of the materials are substantially determined and by appropiate operation and maintenance. Provided bills of quantities do not obligate it to the supplier to the examination of the correctness of the suggested functional solution, the completeness and the check regarding the observance of implementing provisions.
  5. The orderer is obligated those, by the execution of the job possible violations of commercial patent rights, as far as it concerns other constructions, to check on his part and the supplier if necessary on it attentively to make, if it concerns with the order sections or remarks, for whom such patent rights insist. The owner undertakes to be made each adhesion for the requirements in execution of his job for this reason of an entitled one against the supplier.
  6. Declarations/agreements or terminations with representatives or travel engineers as well as telephone jobs are obligatory on us if they were acknowledged in writing. Payments to our representatives or travel engineers take place obligatory for us only, if these persons are in the possession of a written authorization to collect.

II.  Prices and additional expenses

  1. Prices and times for delivery are not-binding.
  2. The prices understand themselves starting from Gevelsberg net checkout, if different one is not in writing agreed upon.
  3. In the case of small supplies with a single conversion up to DM 200, - additionally a small quantity impact applies of DM 35, - for the cover of the above average handling expenditure as agreed upon.
  4. To the point in time are considered to the supply admissible price increases due to increase of the purchase prices, wages and controls as agreed upon.
  5. Dispatch and feed take place at danger and costs of the recipient. For transport insurance the supplier is entitled, but does not obligate. If the insurance takes place, then the costs go debited to the orderer or recipient.
  6. Packing (material and work expended) is calculated to first cost. Cancelling does not take place.

III. Delivery time

  1. The delivery time does not begin with the sending off of the order acceptance, however before teaching of a pre-payment agreed upon by the orderer to procuring documents, permission, releases as well as before input.
  2. The time for delivery is kept, if up to its flow the delivery article left the factory or the ready for dispatch shank is indicated.
  3. The time for delivery extends appropriately with the entrance of unforeseeable obstacles, those outside of the will of the supplier much whether in the factory of the supplier or occurred with its subcontractors e.g. operational disturbances, delays in the delivery of substantial raw and fuels, as far as such obstacles are provable on the completion or the distribution of the delivery article of substantial influence. The aforementioned circumstances are not to be represented also then by the supplier, if they develop during an already available delay. Such obstacles are to be indicated to the customer immediately.
  4. If the dispatch is delayed when desired the orderer, then become beginning it one month after display the ready for dispatch shank, which calculates costs developed by storage, with storage in the factory of the supplier at least however ½ v.H. the invoice amount for each month. The supplier is however entitled to have after setting and fruitless process of an appropriate period otherwise the supply article and to supply the orderer with appropriate extended period.
  5. The adherence to the time for delivery presupposes the fulfilment of the contract obligations of the orderer.
  6. If a damage arises for the customer because of a delay, which we were to blame for, then the customer under exclusion of further requirements is entitled to require an appropriate distortion remuneration. If a case of rough negligence or resolution is not present, the remuneration amounts to for each full week of the delay 1/2 per cent at the most however 5 per cent of the value of the sections of the total delivery, which cannot be used due to the delay in time or as agreed upon, but prove the customer that at least damage in this height developed for it. If the damage is smaller, the remuneration arranges itself from this. The period for the calculation of the contractual penalty begins 7 days after distortion entrance. If a case of rough negligence or of resolution is present, then the requirements depend on the laws.

IV.  Preview and acceptance

  1. The orderer half or fully automatic machines is obligated to execute a preview in the factory of the supplier. This serves for the statement of lack, so that the supplier can eliminate it in his factory. If the orderer does not reprimand immediately determined lack or does without the preview, such lack cannot be reprimanded any longer subsequently.
  2. To the acceptance the VDI recommendation 2856 applies i.V. with regulation VDE 0113.

V. Retention of title

  1. We reserve the property at the supplied articles up to the input of all payments to our business relation with the customer. Our property extends to the new products resulting from processing of the reservation commodity. With a processing or a connection with us not belonging things acquire we co-ownership accordingly §§ 947, 948 BGB. No requirements arise for the buyer against us from the processing of the reservation commodity for us and their keeping. The buyer including changes and cheques surrenders all demands from the sale of reservation commodity from our present and future goods deliveries on him already now for the security respective requirements in accordance with paragraph 1 to us. During sale of goods, at which we have record 2 co-ownership in accordance with paragraph 2, the transfer is limited to the demand proportion that our co-ownership proportion corresponds. If reservation commodity as well as other things is sold to a total price, then the transfer is limited to the proportionate amount of our calculation (including value added tax), for the along-sold reservation commodity. In the case of processing in the context of a factory contract the factory wage demand at amount proportionate is surrendered to our calculation (including value added tax) for the processed as well reservation commodity already now to us. So long the buyer ready and is in the position to be fulfilled to his obligations opposite us correctly, may he the commodity in the tidy business operation, which is located in our property, have and all demands themselves surrendered to us draw in. Transfers by way of security, seizings and assignments of a claim, also in the way of demand sale, he may make only with our previous written agreement; this applies also with export trades.
  2. If the forfeiture of our requirements appears to us endangered, the buyer has to indicate us on our demand the location of the reservation commodity and to us all necessary information give and documents publish. In the cancelling of reservation commodity a cancellation of the contract is present only if we explain this expressly in writing. If the value of the collateral existing for us exceeds the demands which can be protected around more than 20%, then we will release collateral to that extent upon the requests of the buyer after our selection or will cause their release.

VI.  Assembly

    If the assembly and initial start-up are required mechanics by our special mechanics, then we calculate for it the displays for the round trip including expenses for tool and mechanic luggage as well as the spent work travel and waiting period of the mechanics. The time which can be charged for begins with the departure of the mechanics to the departure and ends with its return to access - factory. As a normal work time the standard working time determined in the collective agreement for the metallurgy is considered. Travel time is billed like work time. For overtime overtime impacts are charged for. If the assembly were taken over by us by an overall total,  the foundations and other structural pre-working must be, just like devices for initial start-up finished and ready for use with arrival of the mechanics. The orderer has the mechanic, the necessary devices, a lifting witness, auxiliary machines, finery -, lubricate  -, lighting and seal materials to place belts and reduction gears free of charge and in time. The necessary becoming ground -, wall and carpentries, roof safe-keeping are to be executed by the recipient. In all other respects the general assembly conditions apply GREIF Robot Schleifsystem GmbH.

VII. Adhesion for lack and objection of the supply

  1. For lack of the supply we are responsible only in the way the fact that we improve all free of charge those sections or after our selection to supply again have, which within 6 months since the day of delivery at 8 hours of daily work time - becomes useless. At multilevel work time the period is reduced to 3 months. To be sent lack are the sections concerned us to be displayed immediately in writing and on demands. Prerequisite of the adhesion are incorrect design or unsatisfactory execution; for defects in material we are responsible only to that extent, when we would have had to detect the lack with application of expert attention. If the rework is impossible or if we come with the rework into delay, then the customer can require a reduction of the remuneration (decrease). Impossible, without prejudice to the requirements from digit III., paragraph 6 and digit VII.,  paragraph 16 are all large requirements of the orderer, in particular on transformation, notice or reduction. Because of absence of assured characteristics we adhere unrestrictedly on payment of damages, if the warranty is to secure the even developed damage.
  2. For damage due to natural wear each adhesion is impossible.
  3. To the preview of all us necessary appearing modifications as well as to the supply of spare parts or back-up machines the orderer has available to grant free of charge to us the necessary time and opportunity and place to us when desired auxiliary workers.
  4. Arose costs carry we, if the objection turned out as justified, otherwise the orderer.
  5. With lack of a section of the delivery article we can refuse its removal, as long as the orderer did not fulfill his payment obligation because of the delivery article.
  6. Furthermore we adhere not, if on the part of the orderer own patching up and/or modifications were made.
  7. If objection refer to the power ratings of the delivery articles, then these are within a monthly after line-up the salesman, as far as this has to represent the efficiency at all, in writing under exact specification of the lack maintained by the buyer admit.
  8. After receipt of the objection one period must be granted to the salesman by 6 months, within whose it can furnish the proof of the agreed upon performance. For the acquisition of aforementioned purpose if performance attempts are agreed upon, which can be required the buyer as by the salesman only within 2 months, which follow the line-up of the machine, then to have these the fulfilment of the contract obligations of the salesman to the prerequisite.
  9. To assured performance specification these still apply as fulfilled if this any more than 10 per cent are not fallen below.
  10. For any performance attempts the buyer has suitable personnel that the expedient request of the salesman or its assigned consequence to carry out has, as well as necessary materials, strength, light and so on., independently of the result of the attempt for placing free of charge.
  11. The performance attempts must be executed at the latest 3 months after supply and assembly of the system. Possibly occurring disturbances or not achieve of the indicated performance, relieves the buyer not of the adherence to in time the met terms of payment.
  12. Before performance attempts the buyer has to bring and for normal operating condition to concern carry the system in order. As duration of test if possible the time period is to be assumed, for which the efficiency concerned was assured, but is the total of the attempts 24 hours not to exceed. If we achieved the assured performances at individual machines or groups of machines, then the performance attempts apply to this part of the supply as final.
  13. Before the aforementioned duration of test without consideration of the causes the operation impairing disturbances are  brought to the system as down-times in deduction.
  14. The salesman has if a performance attempt required of the buyer the agreed upon performance does not furnish to bear it from the attempts resulted the cost achieves it against it the performance, then him the buyer has the costs to recompense.
  15. Over the result of the attempts obligatory minute are to be made by both contract sections.
  16. For machines, which were installed not by our drawer mechanics and were not put into operation, a guarantee for the case is impossible that a later complaint is to due to an incorrect assembly or an inappropriate line-up. Additionally we are responsible in this case despite position of a project or an assembly drawing only for the individual performance of the sections supplied by us, not however for the total output. Requirements for damage of the customer from impossibility of the performance, from delay, from positive demand violation, from being to blame for with conclusion of a contract and from bad action, in particular on requirements on back-up of damage, which developed not at the supplied articles themselves (damages), becomes without prejudice to the requirements from paragraph III., No. 6 and paragraph VII., No. 1 is impossible, it, it is based on resolution or rough negligence of us or on the part of our fulfilment assistance. Our warranty obligation goes out, if by other persons without our agreement modifications or repairs are made.

VIII.  Quite the orderer on resignation

    The orderer has the right to cancel the contract, if we let an appropriate respite for the removal one of us, placed by us, elapse the one which can be represented of lack fruitlessly.

IX.  Terms of payment

  1. Payments are to be made to 30% in cash without each deduction, when ordering, 60% with display the ready for dispatch shank, 10% within 30 days after supply and invoice date. Special arrangements require the express acknowledgement by us.
  2. If maturity of a payment is agreed upon after "  line-up " or " after acceptance ", however the line-up or acceptance for  reasons, which the supplier does not have to represent, delays themselves then occurs the maturity 30 days after supply.
  3. Acceptance from bill of exchanges and cheques effected only as payment and after previous written agreement via us, costs of the discounting and collection carries the orderer.
  4. If payments are agreed upon made deferred or later than, then for the meantime interest is brought to the German Federal Bank at a value of 2 per cent over the respective rate of discount in charge.
  5. The buyer can up-count counterclaims of the salesman only if the counterclaim of the buyer is exceeded or a valid title is present. It can make a right of lien only valid, as far as it is based on requirements from the sales contract.
  6. Lack of the delivery article do not entitle the orderer to retain an agreed upon payment rate. Backkept is admissible only in the height of the double one of the expenditure for the removal of the lack. The height of the necessary expenditure indicates the supplier obligatorily.
  7. If the supplier from fair trading takes a correctly supplied commodity back when desired the orderer, then the orderer has to refund the personal and non-personnel cost expenditure resulted from the cancelling and restorage with the supplier. The supplier is entitled to load this expenditure by a lump sum at a value of 20% of the net of commodity value.
  8. Credit notes are carried out not bar, but by goods delivery.

X. Delay of payment

  1. If the buyer with payments comes into delay, then the salesman can withdraw for setting an appropriate respite from the contract or require payment of damages because of not fulfill the contract. Interests are calculated with 2 per cent per annum over the rate of discount of the German Federal Bank, in each case plus value added tax. They are to be set more highly or lower, if the salesman a load with a higher interest rate or the buyer a small load prove.
  2. The buyer can set an appropriate respite in writing to the salesman in the case of the delay with the note that he at flow of the term reject the acceptance of the objects of the purchase. At unsuccessful operational sequence of the respite the buyer is entitled to withdraw by written assertion from the sales contract to require or with resolution or rough negligence payment of damages because of default. The requirement on supply is impossible in this case.

XI.  Cost calculation for expenditures before conclusion of a deal

  1. Technical work and sample processing are free when ordering. If such does not take place however, then the same in accordance with statute of the association of German engineers are calculated, if not already different written agreements in this regard preceded.
  2. We are entitled for consultation, designs, drawings, to represent static calculations or pre-calculations as well as for supplies, which for reasons, which the possible later buyer must be modified several times has, costs to calculate, if the job is not given.
  3. Sample workpieces for the investigation or sample handling the sender must supply free of charge and carriage free with us. Return takes place at expense of the recipient

XII. Area of jurisdiction

  1. Place of delivery is the domicile of the salesman.
  2. For all present and future requirements from the business relation with full buyers including change and demands for cheque exclusive area of jurisdiction is the domicile of the seller. The same area of  jurisdiction applies, if the buyer does not have a general area of jurisdiction in Germany, shifted after conclusion of a contract his domicile or normal place of residence from Germany, or his domicile or his normal place of residence at the point in time of the complaint collection does not admit is. In all other respects its domicile applies as area of jurisdiction with requirements of the contractor opposite the orderer.

XIII.  Other

  1. The contractual regulations are subject exclusively to the right of the Federal Republic of Germany.
  2. If individual regulations should in the managing conditions - for what reasons also always - be ineffective, then the  effectiveness of the remaining regulations is thereby not touched.

Status 12.05.2001

Polierzellen Schleifsysteme

Copyright © by Greif Grindrobot Schleifsystem GmbH, Gevelsberg, 2001. All rights reserved.