Poznámky redaktora
Offsetting payments and rights retention
Customer entitled offset payments Gira only its counterclaims are
res judicata are undisputed. the event delay delivery, for which Gira responsible, Customer
is obliged inform Gira writing appropriate extension period. General provisions
1. The Incoterms rules, amended, currently Incoterms 2010, “EXW”
(ex works) clause, applies the relationship between Gira and Customer. Scope the deliveries and services
The documents, drawings, information about weights, samples etc. Prices, payment terms, securities
1. The standard payment
term days strictly net. order for Gira meet the delivery deadline, Customer must fulfil its
contractual obligations and, particular, its payment obligations properly
and schedule.686 Gira electrical installation systems
7.
The risk the goods being accidentally destroyed damaged transferred
to Customer when the goods are shipped Customer and, the latest,
when they leave the factory/warehouse.
5. the product stored Gira’s factory (or the premises Gira’s
authorised representatives), Gira entitled charge least 0. Gira reserves without limitation its rights ownership and exploitation
of copyright respect cost estimates, drawings and other documents.
Terms and conditions sale, delivery and payment
for the Building Technology business division
.
2.
4. the contract fixed-date transaction under the terms Section 376
HGB, the previous paragraph applies, with the proviso that Customer can
withdraw writing from the contract the exclusion all further rights,
unless the losses damages were caused due intent gross negligence. Higher shipping charges will agreed individually
with Customer. Customer pays within days the invoice date, Gira offers discount
of Gira does not offer discount the services that provides.
5. All payments Customer must made Gira’s bank account the
agreed dates. Customer is
not permitted refuse accept deliveries because minor defects.
4. Customer obliged comply with Gira’s request pay within days of
receiving the goods. No
discount will given payments that are arrears.
3.
2.
6.
2. This expressly dependent on
correct and timely deliveries being made Gira. Transfer risk, shipment
1. the shipment the goods delayed Customer’s request for other
reasons that are not Gira’s responsibility, Customer will pay the resulting
additional costs and will bear the risk the goods being destroyed or
damaged accidentally, soon has informed Gira that ready to
receive the shipment.
3. The delivery period will extended unforeseen, unusual, unavoidable
events occur, particular strikes any kind, embargoes, the failure of
Gira’s suppliers deliver schedule. Offer and conclusion the contract
Any order that can seen offer under the terms Section 145 BGB
can accepted Gira within two weeks.
Änderungen der Konstruktion,
Gira expressly reserves the right make changes the design, layout,
choice materials and manufacturing process even after sending the order
confirmation, provided that this does not affect the quality, price and/or
material functional data the delivery period, and that this acceptable
to Customer.50 per shipment. Customer entitled exercise right of
retention with regard Gira only its counterclaim based the same
contractual relationship. Gira
reserves the right make other claims, particularly under the terms of
Section 373 the German Commercial Code (HGB). Customer does not
comply with Gira’s request for security within reasonable period, Gira is
entitled withdraw from the contract. These Terms and Conditions Sale, Delivery and Payment apply all
future transactions with Customer, provided that they are legal transactions
of related kind.
Gira reserves the right provide proof that greater damage has been caused
by Customer’s default and assert claim for the same. Customer’s financial situation changes after the date which Gira sends
out the order confirmation and this could call into question Customer’s
ability fulfil its payment obligations, Gira entitled withhold delivery
of the goods require Customer provide security. Gira takes responsibility for the transport insurance part its general
insurance policy, the terms and conditions the insurance apply and the
following documents must provided the client:
a) Factual report from the transport company (for example the receipt from
the haulage firm)
b) Original copy the consignment note
c) Transfer rights for the damage caused. Gira responsible for the transport damage, Customer must inform
Gira writing immediately after receiving the shipment that transport
damage has occurred. The damaged parts must sent back the factory in
Radevormwald the relevant Gira warehouse free charge.
8. Delivery periods
1.
4.
2.
6. Unless fixed price agreement has been reached with Customer, Gira
reserves the right make appropriate adjustments the prices result
of changes the cost salaries, materials and sales for deliveries that are
made three months more after the contract concluded. The delivery period specified Gira not binding, unless other
agreements are reached with Customer.
5.
Definitions:
The terms ’Gira’, ’Customer’ and ’Entrepreneur’ have the following meanings:
Gira is
Gira Giersiepen GmbH KG,
Dahlienstrasse,
42477 Radevormwald
Customer any entrepreneur, with whom Gira enters into contract in
accordance with Section these General Terms and Conditions. While Customer in
default, must pay interest above the base rate the amount owes. These Terms and Conditions Sale, Delivery and Payment apply only to
entrepreneurs, legal persons under public law special funds under public
law under the terms Section 310 para. flat-rate processing fee EUR shall charged for orders less
than EUR 100. the order not placed, they must returned to
Gira upon request without undue delay. Gira’s prices are quoted works from the relevant warehouse and
exclude the cost packaging and VAT the current rate.
2. For third-party deliveries (where the shipping address differs
from the order address), Gira charges flat-rate shipping charge least
EUR 7.
7.
8. Gira reserves the right make partial early deliveries. Gira has taken responsibility for setting and assembling the goods,
unless otherwise agreed, Customer will pay all the necessary incidental costs
such travel costs, costs transporting the employee’s tools and luggage
and the accommodation allowance, addition the agreed payment for the
work.
3. Sentences and apply mutatis
mutandis Customer’s documents. The cost the
packaging will invoiced separately.
3.
Where Customer’s terms and conditions sale contradict differ from
Gira’s, Gira will only recognise them has explicitly confirmed writing
that they are valid. Customer may only claim compensation any
losses damage suffered were caused intentionally result gross
negligence.5 the
price the delivery for every month part month storage. If, in
the event delay delivery, Customer grants Gira extension period
that reasonable the circumstances and Gira misses the new deadline
due reasons, for which Gira responsible, Customer entitled to
withdraw from the contract. Partial deliveries are permitted they are acceptable Customer.
2. This applies regardless whether or
not the goods are shipped from the place fulfilment and regardless who
is responsible for the shipping costs.
Entrepreneur any natural legal person partnership with legal
capacity which exercising its trade profession when entering into
a transaction with Gira.
Scope, definitions
Scope:
1.
6.
1. enclosed
with Gira’s offer are only approximate, unless otherwise stated the offer. However, these may made available
to any third parties that Gira has commissioned, permitted the
contract, deliver the products and services.
The documents may made available third parties only with Gira’s prior
written consent. Gira’s representatives and salespeople are not
authorised accept payments means payment, unless they have
collection authority.
7. the German Civil Code (BGB). the end this period Customer considered be
in default, without further reminder being necessary
