Operating instructions

Appendix
Feed/Feed-Back Units BUC 624, 625 53
Baumüller Nürnberg GmbH 5.96024.06a
8.3 General Conditions of Sale and Delivery
1. Obligation and Conclusion of Contract
a) Deliveries of goods and provision of services shall be
effected exclusively based on these trading condi
-
tions. They are an essential component of the con-
tracts for delivery and shall be considered as having
been accepted by the placing of an order. In the case
of constant business relations, they also apply for the
future contracts.
b) Agreements diverging from the contract and verbal
collateral agreements shall only be binding if they
have been confirmed in writing by Baumüller Nürn
-
berg GmbH (hereinafter referred to as Baumüller).
Diverging trading conditions on the behalf of the pur
-
chaser shall be without obligation, even where these
have not been expressly objected to. These General
Conditions of Sale and Delivery shall be considered
as having been accepted by the purchaser at the lat
-
est when the delivery is accepted.
c) In as far as deliveries of goods are subject to sepa-
rate external obligations in accordance with the Law
Concerning Foreign Trade and Payments with
respect to the Federal Office for Economics, the pur
-
chaser has to observe the relevant conditions at his/
her own responsibility.
2. Price and Offers
Offers are subject to confirmation, not binding and
apply subject to material supply possibilities. Supple
-
ments and amendments require written confirmation.
Prices are ex works and are subject to confirmation.
Invoicing takes place in accordance with the prices
valid on the date of delivery.
3. Extent of Delivery and Delivery Time
a) Specified delivery periods/dates are without obliga-
tion, in as far as nothing else to the contrary has
been expressly agreed upon in writing. Delivery peri
-
ods do not commence until the purchaser has ful-
filled all duties of co-operation, in particular regarding
details of performance. In the event that the agreed
deposits for orders are delayed, then the delivery
time shall be extended accordingly.
b) The purchaser is entitled, in particular in the event of
a delay in delivery of longer than 3 months, to set an
appropriate period of grace and after its expiry, to
withdraw from the order. Claims to compensation
due to non-fulfilment or delay shall be excluded, in
as far as Baumüller is not responsible for intent or
gross negligence.
c) Baumüller is entitled at any time to effect partial deliv-
eries and partial services, as well as to invoice these
accordingly.
4. Delivery Problems
a) Delays/preventions in the delivery of goods or the
provision of services due to force majeure entitle
Baumüller to delay the production and delivery by
the duration of the obstruction plus an appropriate
period of time or to withdraw in part or in whole from
the order.
b) Industrial disputes or other circumstances which sub-
stantially impede or render impossible the delivery,
such as, in particular, disturbances in the operating
processes, problems in procuring materials, official
directives also apply as force majeure, irrespective of
whether they arise with regard to Baumüller or sup-
pliers.
c) In these cases, Items 4 a), b), the purchaser shall
have no claim to compensation due to non-fulfilment
or delay of the delivery.
5. Packaging
Items for sale and delivery items are packaged and
transport insurance policies are taken out according
to the instructions of and at a cost to the purchaser.
Upon demand, the packaging material has to be returned
without delay, free of freight charges and expenses.
6. Dispatch and Passing of Risk
Deliveries shall be made ex works. The dispatch
shall be effected at a cost to and at the risk of the
recipient of the service/the purchaser. The risk
passes to the recipient of the delivery/purchaser as
soon as the delivery items leave the works. This shall
apply at the latest, from the transferral of the delivery
items to the person carrying out the transport, for
-
warding agent or carrier.
7. Warranty
a) The period of warranty amounts to 12 months from
the day of dispatch.
In the event that a delivery item is defective,
Baumüller shall deliver an additional replacement or
make a subsequent improvement at its own choice.
Multiple subsequent improvements are permissible.
Other warranty claims on the behalf of the purchaser,
in particular also due to direct or indirect consequen
-
tial damage are excluded. The pre-condition for any
warranty is the normal contractual use of the delivery
items. In the event of the utilisation of warranty serv
-
ices, the motor, the replacement part or the device
has to be sent in free of freight charges, packaging
costs or customs duties after prior co-ordination with
Baumüller. Baumüller is exempted from any warranty
if the party ordering returns the goods complained
about without prior co-ordination or contrary to
agreement. Warranty claims expire one month after
rejection of a defect on which notice is given, in as
far as the purchaser remains silent in this respect.
8. Notification of Defects
a)The purchaser shall examine the subject matter of the
contract and delivery items immediately and give
notice of any defects without delay, however, no later
than 7 days after receipt of the delivery. In case of
non-obvious defects notice has to be given in writing
without delay after their discovery, however, no later
than 6 months from the point of delivery. In the event
that the purchaser does not give notice of any
defects in writing within this period of time, then the
subject matter of the contract shall be considered as
having been approved.
b) The purchaser shall allow Baumüller a suitable
inspection of defects of which notice is given and
shall place all necessary/requested technical infor
-
mation, in particular, inspection records and test
reports at Baumüller's disposal. In the event that the
purchaser fails to do so, then the delivery items shall
be considered as not having been complained about
and as being approved. In the event that the pur
-
chaser alters the delivery items, then he/she shall
lose his/her warranty claims.