Common use of Conclusion of Contract Clause in Contracts

Conclusion of Contract. (1) Until final order confirmation, contract offers of the Seller are subject to confirmation. They apply plus the statutory sales tax. (2) Property rights and copyrights to cost estimates, drawings, models, illustrations and other documents - also in electronic form - shall remain with the Seller; they may only be reproduced or made accessible to third parties with the prior written consent of the Seller. Drawings and other documents belonging to offers, including all copies thereof, must be returned by the Buyer to the Seller upon request without undue delay. (3) The order of the Goods by the Buyer is considered as a binding contract offer. Unless otherwise stated in the order, the Seller shall be entitled to accept this binding contractual offer within two (2) weeks after its receipt. The object of the contract is exclusively the sold Goods with the characteristics and features as well as the intended use according to the corresponding product description. Other or more extensive characteristics and/or features or intended uses shall only be deemed to have been agreed if they have been confirmed in writing by the Seller. (4) The contract including these GCSD shall not be concluded until the Buyer has accepted the Seller's binding offer in due time or the Seller has accepted the Buyer's binding order or offer in due time and confirmed it in writing. Such written confirmation by the Seller shall not be required if it was not to be expected under the circumstances or if the Buyer has waived it. (5) The documents on which the offer or order confirmation is based, in particular illustrations, drawings, descriptions of the machines, are to be understood only as approximate values, unless they are expressly designated as binding values. The aforementioned provisions shall apply mutatis mutandis to the Buyer's documents; these may, however, be made accessible to third parties to whom the Seller has permissibly engaged in the production of the delivery item or to whom the Seller has transferred the delivery. EuRec Environmental Technology GmbH, Xxxxxxxxxxxxx 0, 00000 Xxxxxxxxxxxxxxxxxx (Xxxxxxx), Managing Director: Xxxxxx Xxxxxxxx Amtsgericht: Jena HRB 303905, Phone: +49(0)36969/58-132, Fax: +49(0)36969/58-200, Email: xxxxx@xxxxx-xxxxxxxxxx.xxx, xxx.xxxxx.xx

Appears in 2 contracts

Samples: General Terms and Conditions of Sale and Delivery, General Terms and Conditions of Sale and Delivery

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Conclusion of Contract. (1) Until final order confirmation, contract offers of the Seller are subject to confirmation. They apply plus the statutory sales tax. (2) Property rights and copyrights to cost estimates, drawings, models, illustrations and other documents - also in electronic form - shall remain with the Seller; they may only be reproduced or made accessible to third parties with the prior written consent of the Seller. Drawings and other documents belonging to offers, including all copies thereof, must be returned by the Buyer to the Seller upon request without undue delay. (3) The order of the Goods by the Buyer is considered as a binding contract offer. Unless otherwise stated in the order, the Seller shall be entitled to accept this binding contractual offer within two (2) weeks after its receipt. The object of the contract is exclusively the sold Goods with the characteristics and features as well as the intended use according to the corresponding product description. Other or more extensive characteristics and/or features or intended uses shall only be deemed to have been agreed if they have been confirmed in writing by the Seller. (4) The contract including these GCSD shall not be concluded until the Buyer has accepted the Seller's binding offer in due time or the Seller has accepted the Buyer's binding order or offer in due time and confirmed it in writing. Such written confirmation by the Seller shall not be required if it was not to be expected under the circumstances or if the Buyer has waived it. (5) The documents on which the offer or order confirmation is based, in particular illustrations, drawings, descriptions of the machines, are to be understood only as approximate values, unless they are expressly designated as binding values. The aforementioned provisions shall apply mutatis mutandis to the Buyer's documents; these may, however, be made accessible to third parties to whom the Seller has permissibly engaged in the production of the delivery item or to whom the Seller has transferred the delivery. EuRec Environmental Technology GmbH, Xxxxxxxxxxxxx 0, 00000 Xxxxxxxxxxxxxxxxxx (Xxxxxxx), Managing Director: Xxxxxx Xxxxxxxx Amtsgericht: Jena HRB 303905, Phone: +49(0)36969/58-132, Fax: +49(0)36969/58-200, Email: xxxxx@xxxxx-xxxxxxxxxx.xxx, xxx.xxxxx.xx.

Appears in 1 contract

Samples: General Terms and Conditions of Sale and Delivery

Conclusion of Contract. (1) Until final order confirmationThe Buyer can select NFT on the platform and select it for purchase via the "Add to Cart" button. By clicking the "Check out" button, contract offers the Buyer is taken to the next steps of the Seller are subject purchase process. The Buyer must choose the payment method and confirm its billing information. After confirming the Terms of usage and the Terms of the Sales contract and clicking the button “Finish & Submit” the Buyer will be shown a summary of the sale and the Buyer is able to confirmation. They apply plus confirm the statutory sales taxpurchase by clicking the “Buy now” button. (2) Property rights In order to complete the order process, the Buyer must create a user account ("User Account") on the Platform. Within the User Account or during the ordering process, the User must provide personal data, contact information and copyrights the billing address. You are obliged to cost estimates, drawings, models, illustrations and other documents - also in electronic form - shall remain with accept the Seller; they may only be reproduced or made accessible to third parties with the prior written consent Terms of Use of the Seller. Drawings and other documents belonging Platform in order to offers, including all copies thereof, must be returned by create the Buyer to the Seller upon request without undue delayUser Account. (3) The order of If the Goods by Seller offers an NFT for sale or free acquisition on the Buyer is considered as a binding contract offer. Unless otherwise stated in the orderPlatform, the Seller shall makes a binding offer to conclude a contract on this NFT. In doing so, he determines a starting or fixed price and a period within which the offer can be entitled accepted ("offer period"). If the Seller specifies a minimum price, the offer is subject to accept this binding contractual offer within two (2) weeks after its receiptthe condition precedent that the minimum price is reached. The object of seller may additionally provide offers on the contract is exclusively platform with a buy-it-now function. This can be exercised by a buyer as long as no bid has been placed on the sold Goods with the characteristics and features as well as the intended use according to the corresponding product description. Other NFT or more extensive characteristics and/or features or intended uses shall only be deemed to have a minimum price has not yet been agreed if they have been confirmed in writing by the Sellerreached. (4) In the case of fixed price offers, the buyer accepts the offer by clicking the "Buy Now" button and then confirming it. The buyer can also accept offers for an item by placing the items in the shopping basket and completing the immediately following payment process. In the case of auctions, the Buyer accepts the offer by placing a bid. Acceptance is subject to the condition precedent that the Buyer is the highest bidder after expiry of the offer period. A bid expires if another buyer submits a higher bid during the bidding period. In the event of premature termination of the offer by the Seller, a contract including these GCSD shall not be concluded until between the Buyer has accepted seller and the Seller's binding offer in due time or highest bidder, unless the Seller has accepted was entitled to withdraw the Buyer's binding order or offer in due time and confirmed it in writing. Such written confirmation by cancel the Seller shall not be required if it was not to be expected under the circumstances or if the Buyer has waived itexisting bids. (5) The documents on which In the case of a fixed price offer, the Seller shall immediately confirm receipt of the offer or order confirmation is basedby e-mail. Such an e-mail does not constitute a binding acceptance of the offer unless, in particular illustrationsaddition to the confirmation of receipt, drawingsthe acceptance is declared at the same time. In the event that a bid is submitted, descriptions the Seller shall immediately confirm receipt of the machines, are to be understood only as approximate values, unless they are expressly designated as bid by e-mail. Such an e-mail does not constitute a binding values. The aforementioned provisions shall apply mutatis mutandis to the Buyer's documents; these may, however, be made accessible to third parties to whom the Seller has permissibly engaged in the production acceptance of the delivery item or to whom the Seller has transferred the delivery. EuRec Environmental Technology GmbH, Xxxxxxxxxxxxx 0, 00000 Xxxxxxxxxxxxxxxxxx (Xxxxxxx), Managing Director: Xxxxxx Xxxxxxxx Amtsgericht: Jena HRB 303905, Phone: +49(0)36969/58-132, Fax: +49(0)36969/58-200, Email: xxxxx@xxxxx-xxxxxxxxxx.xxx, xxx.xxxxx.xxbid.

Appears in 1 contract

Samples: Sales Contract

Conclusion of Contract. (1) Until final order confirmation, contract . The offers of the Seller Bückmann are subject to confirmation. They apply plus the statutory sales taxchange without notice, they are regarded as an invitation to submit an offer. (2) Property rights and copyrights to cost estimates. As a matter of principle, drawings, models, illustrations and other documents - also in electronic form - shall remain with the Seller; they may only be reproduced or made accessible to third parties with the prior written consent of the Seller. Drawings and other documents belonging to offers, including all copies thereof, must be returned order placed by the Buyer shall constitute the offer to conclude the contract. 3. The first processing of an offer is usually free of charge. Further offers and design work shall only be free of charge to the Seller upon request without undue delayextent that the supply contract becomes and remains valid. (3) The order 4. Descriptions and photocopies of the Goods products in technical doc- uments, brochures, company brochures, catalogues, price lists, etc. are non-binding unless their inclusion in the contract has been expressly agreed; they do not release the Buyer from his own tests. 5. All information on the execution of the order must be provided in the order. This applies to all deliveries, services, works and other performances of Xxxxxxxx. This includes in particular, but is not limited to, information on article designation, number of items, dimensions, material, material composition, pre-treatment, processing specifications, treatment instructions, storage, stand- ards as well as all other technical parameters and physical char- acteristics. 6. If the order placed by the Buyer deviates from Xxxxxxxx’x of- fer, the Buyer shall identify the deviations separately. 7. Xxxxxxxx is considered as a binding contract offer. Unless otherwise stated in entitled to obtain further information which serves the proper execution of the order, the Seller . 8. Orders shall be entitled to accept this binding contractual offer within two placed in writing or electronically (2) weeks after its receiptEDI); orders transmitted orally or by telephone will be executed at the Buyer’s risk. 9. The object If the Buyer withdraws an order accepted by Xxxxxxxx, Xxxx- xxxx is entitled, irrespective of the contract is exclusively the sold Goods with the characteristics and features as well as the intended use according possibility of claiming a higher actual damage, to the corresponding product description. Other or more extensive characteristics and/or features or intended uses shall only be deemed to have been agreed if they have been confirmed in writing by the Seller. (4) The contract including these GCSD shall not be concluded until the Buyer has accepted the Seller's binding offer in due time or the Seller has accepted the Buyer's binding order or offer in due time and confirmed it in writing. Such written confirmation by the Seller shall not be required if it was not to be expected under the circumstances or if the Buyer has waived it. (5) The documents on which the offer or order confirmation is based, in particular illustrations, drawings, descriptions of the machines, are to be understood only as approximate values, unless they are expressly designated as binding values. The aforementioned provisions shall apply mutatis mutandis to the Buyer's documents; these may, however, be made accessible to third parties to whom the Seller has permissibly engaged in the production charge 10% of the delivery item or service price for the costs incurred by the processing of the order and for the lost profit. The Buyer reserves the right to whom prove a lesser damage. There is no obligation to take back goods which have been or- dered in a binding manner and delivered free of defects. A possi- ble take-back and return therefore requires the Seller express consent of Xxxxxxxx. In such cases, the return shipment shall be free. 10. The acceptance of the order by Xxxxxxxx takes place within 2 weeks, unless another acceptance period has transferred been agreed. 11. The services of Bückmann result from the deliveryorder confirmation. 12. EuRec Environmental Technology GmbH, Xxxxxxxxxxxxx 0, 00000 Xxxxxxxxxxxxxxxxxx (Xxxxxxx), Managing Director: Xxxxxx Xxxxxxxx Amtsgericht: Jena HRB 303905, Phone: +49(0)36969/58-132, Fax: +49(0)36969/58-200, Email: xxxxx@xxxxx-xxxxxxxxxx.xxx, xxx.xxxxx.xxreserves the right to carry out or have carried out the processing of the delivery items or subjects of performance in another company without additional costs for the Buyer.

Appears in 1 contract

Samples: General Terms and Conditions

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Conclusion of Contract. (1) Until final In the case of goods not in stock Buyer shall be bound by the purchase order confirmation, contract offers of the Seller are subject to confirmation. They apply plus the statutory sales tax(contractual offer) for three weeks. (2) Property rights and copyrights to cost estimates, drawings, models, illustrations and other documents - also On expiry of that time the contract shall be formed unless Seller has previously declined the contractual offer in electronic form - shall remain with the Seller; they may only be reproduced or made accessible to third parties with the prior written consent of the Seller. Drawings and other documents belonging to offers, including all copies thereof, must be returned by the Buyer to the Seller upon request without undue delaywriting. (3) The Section 2 notwithstanding, the contract shall be formed before the time of three weeks has elapsed if • the contract has been signed by both parties, or • Seller has accepted the purchase order (contractual offer) in writing, or • Seller accepts advance payments of the Goods by the Buyer is considered as a binding contract offer. Unless otherwise stated in the order, the Seller shall be entitled to accept this binding contractual offer within two (2) weeks after its receipt. The object of the contract is exclusively the sold Goods with the characteristics and features as well as the intended use according to the corresponding product description. Other or more extensive characteristics and/or features or intended uses shall only be deemed to have been agreed if they have been confirmed in writing by the Sellerpurchase price. (4) The Notwithstanding the above, if buyer places its purchase order online through the URL xxxx://xxx.xxxxx-xxxxxxxx.xx, xxxx://xxx.xxxxx.xx, or other websites operated by Seller (hereinafter referred to as “Website”), a contract including these GCSD shall not is deemed to be concluded until as follows: a) Purchase orders placed at the online shop • The products presented by Seller on the Website and/or configured by buyer itself do not constitute a binding offer of contract. • Buyer can select products from Seller’s range and place these in a so-called shopping basket using the button “Add to basket”. By clicking on the button “Buy”, buyer makes a binding offer to purchase the goods in the shopping basket. Before finally placing the order, buyer can change and view the data in the shopping basket at any time. However, the offer to purchase can only be submitted and transmitted if buyer has accepted these General Terms and Conditions by clicking on the Seller's button “Accept Terms and Conditions”, thereby making them an integral part of the offer to purchase. • Upon payment, Seller will send buyer an automatic acknowledgement of receipt by e-mail which once again lists the items of the purchase order placed by buyer. Buyer can print out this acknowledgement of receipt using the “Print” function. The automatic acknowledgement of receipt merely documents that the purchase order placed by buyer has been received by Seller and does not constitute any acceptance of the offer to purchase. A binding contract is only concluded when Seller sends a declaration of acceptance in a separate e-mail within three (3) working days of receipt of the purchase order. If the desired product is no longer in stock, Seller will decline buyer’s offer in due time or to purchase within three (3) working days of receipt of the Seller purchase order. In this case, no binding contract has accepted the Buyer's binding order or offer in due time and confirmed it in writing. Such written confirmation by the Seller shall not be required if it was not to be expected under the circumstances or if the Buyer has waived itbeen concluded. (5b) The Purchase orders made through the Configurator • Where buyer has the option to configure products itself and to have such products manufactured on the basis of buyer’s specifications, buyer can send a non-binding inquiry to Seller by clicking on the Send Inquiry button. Inquiries made through the Configurator are deemed made to order items under Section 21 of these Terms and Conditions. • Having received such an inquiry, Seller will then send buyer an offer by e-mail for the products configured. That offer contains a reference to these Terms and Conditions which through the reference become an integral part of the offer. Buyer can accept the offer, also via e-mail, within a period of 14 days. Having made the contract, buyer will receive a confirmation of order and a down payment invoice. c) Ordering of configured products by entrepreneurs and/or dealers • If the buyer of configured products is a registered dealer, the dealer can log in using its user name and password. This gives the dealer access to the dealer view of the Configurator. Among other things, the dealer is shown the applicable prices directly in the Configurator and not only upon request. d) Ordering of non-configured products by entrepreneurs and/or dealers • Insofar as the purchase order constitutes an offer within the meaning of section 145 of the BGB, we are entitled to accept such offer within a period of 2 weeks. • We retain the title and copyright to all documents on which made available to buyer in connection with the offer or order confirmation is basedpurchase order, in particular such as illustrations, drawings, descriptions of the machines, calculations and other documents. This also includes any written materials that are identified as “confidential”. Buyer shall not be entitled to be understood only as approximate values, unless they are expressly designated as binding values. The aforementioned provisions shall apply mutatis mutandis to the Buyer's documents; these may, however, be made accessible disclose such documents to third parties to whom the Seller has permissibly engaged in the production of the delivery item or to whom the Seller has transferred the delivery. EuRec Environmental Technology GmbH, Xxxxxxxxxxxxx 0, 00000 Xxxxxxxxxxxxxxxxxx (Xxxxxxx), Managing Director: Xxxxxx Xxxxxxxx Amtsgericht: Jena HRB 303905, Phone: +49(0)36969/58-132, Fax: +49(0)36969/58-200, Email: xxxxx@xxxxx-xxxxxxxxxx.xxx, xxx.xxxxx.xxexcept with our express written consent.

Appears in 1 contract

Samples: General Standard Terms and Conditions

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