Deliveries Musterklauseln
Deliveries. 1. The risk shall pass to the buyer upon delivery of the goods to a carrier or freight forwarder, at the latest upon departure from the warehouse, for all transactions—including carriage- paid and free domicile deliveries. The buyer shall bear the responsibility and cost of unloading. Insurance will only be arranged by us upon the buyer’s explicit instruction and at the buyer’s expense.
2. Our delivery obligations are subject to correct and timely self-supply, unless the incorrect or delayed supply is attributable to our fault.
3. Stated delivery periods indicate the approximate time of delivery ex works, provided all production requirements have been met, unless binding delivery dates have been expressly agreed. HAUFE assumes no liability for any specific transport duration. Compliance with agreed delivery periods is subject to the timely receipt of all documents, materials, required approvals, and releases to be provided by the purchaser, particularly plans, as well as the fulfillment of agreed payment terms and other obligations by the purchaser. If these conditions are not met in due time, the delivery periods shall be extended accordingly. Delivery periods and delivery dates are deemed met if the goods have left our premises by the time of their expiry. In the case of ex works sales, delivery periods and dates shall also be deemed observed upon notification of readiness for shipment, if the goods cannot be dispatched or collected on time through no fault of our own or of our supplier.
4. We are entitled to make partial deliveries to a reasonable extent; such deliveries shall be deemed independent transactions. In the case of custom-made products, excess or short deliveries of up to 15% of the ordered quantity are permissible due to production-related reasons.
5. In the case of call orders, we are entitled to produce or have produced the entire ordered quantity in one batch. Any requests for modifications cannot be considered after the order has been placed, unless explicitly agreed otherwise. Call-off dates and quantities, insofar as no fixed agreements have been made, shall be fulfilled only within the scope of our delivery or production capacities. If the goods are not called off in accordance with the contract, we shall be entitled—after setting a grace period of two weeks following notification of readiness for dispatch—at our discretion to demand immediate acceptance and payment of the goods, to charge storage fees, or to claim damages for non-pe...
Deliveries. 4.1 Delivery deadlines are deemed to have been complied with if the delivery item has been handed over to the carrier/freight forwarder by the expiry of the deadline.
4.2 Delivery deadlines shall be extended in an appropriate man- ner in the event of measures taken as part of industrial disputes, especially strikes and lockouts as well as the occurrence of un- foreseen impediments that lie outside the influence of the seller, as long as such impediments can be proved to have a significant impact on the production or delivery of the delivery item. This also applies if the circumstances arise at upstream suppliers. We shall inform the buyer of such circumstances immediately. These provisions also apply to the delivery deadlines. If the per- formance of the agreement becomes unreasonable for one of the two parties for the above-mentioned reasons, this party can withdraw from the contract.
4.3 Unless otherwise stated via Incoterms, benefits and risks are transferred to the buyer upon handover of the goods to a carrier or freight forwarder. This also applies to partial deliveries and also if delivery “free domicile” has been arranged. The duty to unload and the costs involved in unloading shall be borne by the buyer. The transport is insured via the seller.
4.4 We are entitled to make partial deliveries to a reasonable extent. In the case of custom-built goods, over- and under-de- liveries are permissible up to 10% of the agreed quantity.
4.5 In the case of call-off contracts, the seller is entitled to pro- duce the entire quantity ordered in one process or to have it produced as such. Requests for changes cannot be taken into consideration after the contract has been awarded unless this has been expressly agreed. In the absence of firm agreement to the contrary, call-off dates and quantities can only be com- plied with to the extent of the delivery or production possibilities of the seller. If the goods are not called off in accordance with the agreement, the seller is entitled, after allowing an appropri- ate grace period to elapse, to charge them as having been de- livered.
4.6 For orders of small quantities under a total value of CHF/EUR 200 that cannot be processed at a price to cover costs, an order supplement will be charged of CHF/EUR 25.
4.7 A deduction of 20% of the gross return amount will be claimed by way of credit notes for returns that are not our fault.
Deliveries. All materials will be adequately packaged and sent in accordance with standard requirements applied to ordinary carriers, in such a way that the protection of the goods is guaranteed with a minimum transportation cost, and without this generating additional expenses to the Purchaser, unless otherwise agreed in the Contract. The Supplier shall insure the goods in transit, unless otherwise agreed. Der Lieferant wird jedes Paket ordnungsgemäß im Einklang mit den vom Einkäufer festgelegten logistischen Bestimmungen, einschließlich des Namens des Empfängers, kennzeichnen. The Supplier will duly mark each parcel according to the Logistic Terms established by the Purchaser, including the addressee’s name. Sollte eine einzelne Lieferung aus mehreren Paketen bestehen, wird jedes Paket zusätzlich durchlaufend nummeriert, wobei das Paket, welches den Lieferschein enthält, klar zu kennzeichnen ist. Der Lieferschein wird alle im Auftrag enthaltenen Spezifikationen aufführen (Datum, Bestellnummer, Aussteller, Antragsteller, Betrag, Referenznummer und Bezeichnung des Produkts oder der Dienstleistung etc.). If several parcels constitute a single delivery, each parcel will also be correlatively numbered, in which case the parcel containing the delivery note will be clearly indicated. This delivery note will describe all specifications included in the Contract (date, order number, issuer, applicant, amount, reference and product or service name, etc.). Ursprungszeugnis: Abhängig von den sich in Kraft befindlichen kaufmännischen Vereinbarungen wird der die Waren exportierende Lieferant auf Ersuchen des Einkäufers die Ursprungszeugnisse vorlegen, die als notwendig erachtet werden. Certificate of origin: Depending on the commercial agreements in force, the exporting Supplier, at the Purchaser’s request, will provide any certificates of origin that are deemed necessary. Der Lieferant wird jeder Lieferung auf jeden Fall die Dokumentation beilegen, die gesetzlich notwendig ist und mit den Produkten und/oder Dienstleistungen in Verbindung steht, sowie die gesamte vom Einkäufer auf Grundlage der vorgeschriebenen Anforderungen verlangte Dokumentation. Diese Dokumentation wird aktualisiert und wird genau mit den Produkten und/oder Dienstleistungen übereinstimmen; der Lieferant muss die Übereinstimmung und Aktualisierung dieser Dokumente sicherstellen. In any case, the Supplier will include in each delivery any documentation that is legally necessary and associated with products and/o...
Deliveries. 6.1. Deliveries are carried out at the risk of the customer.
6.2. PAWI offers a delivery round to its customers located in Switzerland. Transport costs for such deliveries shall be (a) taken care of by PAWI if each individual delivery has a value of at least CHF 200 or (b) in the case of the value of the goods being below CHF 200, customers will be charged a flat rate of CHF 20.
6.3. Deliveries outside of PAWI delivery round, express deliveries and export deliveries are carried out by a third party and will be invoiced at cost to the customer.
6.4. In the case of export shipments, the customer will be charged an amount which will vary according to the value of the goods. In the case of value of goods of (a) less than EUR 250, (b) between EUR 150 and EUR 249 and (c) below EUR 150, the customer will be invoiced a lump sum of (a) EUR 0, (b) EUR 7.50 (postage surcharge) and (c) EUR 22.50 (postage surcharge plus a small quantity surcharge).
6.5. Any kind of interruption of operations or transport hindrances shall provide the authorization to extend the agreed delivery periods. Extraordinary circumstances, to which PAWI has no influence and which severely impede or make it impossible to fulfill the contractual obligations of PAWI, exempt PAWI from its obligation to deliver.
Deliveries. For deliveries within Germany, France, Switzerland, Belgium, Luxembourg and the Netherlands, the following conditions apply.
5.1 Deliveries ex works will be made either by truck, rail or through a forwarding agency, whereby the choice of the transport method is at the discretion of the supplier. The venue to which goods are to be delivered must be accessible by truck.
5.2 Deliveries to the warehouse of the authorised dealer are free of carriage charges.
5.3 For deliveries to the first lockable door (inside) /end consumer – on behalf of the authoriseds retailer – the minimum fee for forwarding is 150 €. We charge 5% of the order value (gross) to cover freight costs for goods up to a value of 20,000 €. For items with a gross value exceeding 20,000 €, carriage is free.
5.4 Transport services by ophelis free of charge to the end consumer’s place of use require a separate agreement. Additional time required compared with the contract for transporting furniture as a result of no lift(s) will be charged.
5.5 Assembly by ophelis will be charged 5% of the order value (gross). Deviating from this, we charge 7% of the order value (gross) for the assembly of paravento XL and we charge 14% of the order value (gross) for the assembly of ophelis deem arena. Assembly costs of wall cabinets with aluminium frame structure and partitioning wall sys- tems will be charged according to square meter. Space organisation systems (ceiling-mounted and wall-mounted modules) will be charged according to effort.
5.6 Assembly undertaken during the night and on public holidays will be invoiced separately.
5.7 If the buyer wants a special packaging or a special kind of shipment, the additional costs will be invoiced separately.
Deliveries. 3.1. The delivery of goods is carried out FCA Mathiesen- straße 20, 04179 Leipzig, Germany („Free Carrier“ Inco- terms 2020), unless otherwise agreed.
3.2. Notwithstanding FCA (Incoterms 2020), ZOPF is entitled to commission, determine or organize the car- rier and the freight route itself. This shall not affect all other provisions of FCA (Incoterms 2020), in particular the transfer of risk shall take place upon loading onto the means of transport or handover to the carrier.
3.3. If the goods are dispatched by ZOPF to the con- tractual partner, the risk of loss of the goods or acci- dental deterioration shall pass to the contractual part- ner upon loading onto the means of transportation or handover to the carrier. ZOPF is entitled to commission, determine or organize the carrier and the freight route for the shipment of goods itself, unless other agree- ments have been made.
3.4. Deadlines or dates for the delivery of products or the provision of services shall be determined by con- tractual agreement.
3.5. Indemnity claims by the contractual partner due to exceeding a deadline or date in accordance with Clause
3.4. are excluded, unless ▇▇▇▇ is responsible for the de- lay due to gross negligence or willful misconduct. This does not affect claims of the contractual partner due to injury to life, body or health.
Deliveries. 4.1 Quantities and dimensions of the goods to be delivered are approximations.
4.2 Purchaser undertakes to accept any deliveries of up to 10 per cent above or below quantities ordered, both with respect to the entire order as well as with respect to one or several part shipments thereof.
4.3 Price calculation shall be based on the weight determined at the place of dispatch.
4.4 The time for delivery indicated shall always apply as delivery time ex works.
4.5 The delivery period shall commence upon receipt of all commercial and technical as well as complete and final data required for the execution of the order and from the fulfilment of the payment conditions as agreed upon prior to delivery.
4.6 Force majeure or any other unforeseeable obstacles at seller’s plant and its main subcontractors’ plants shall discharge seller from its obligation to comply with the agreed delivery period.
4.7 Delivery shall be considered effected as soon as the merchandise has been made ready by seller for dispatch at supplier’s plant.
4.8 The merchandise shall be loaded and shipped at the purchaser’s risk, even if it is agreed that delivery shall take place on the basis of carriage paid and that the mode of dispatch is subject to change without notice.
4.9 Any damage caused to merchandise during transportation and shipment shall not be borne by seller insofar as the merchandise was packaged properly for shipment.
4.10 Any damage claims against seller shall be excluded in particular for the loss of, confusion of, or damage to merchandise in transit.
4.11 In the event of any loss of or damage to merchandise in transit, purchaser has the obligation to give notice of defects to the carrier (in order to preserve the evidence for the official inquiry, it is advisable to determine the number of items and the net weight).
Deliveries. 1. Delivery schedules and deadlines are approximate and not binding. They are only binding if we have confirmed such in writing. Delivery times are deemed fulfilled if we have confirmed readiness for dispatch within the agreed period. Appropriate partial deliveries and customary or reasonable deviations from the
Deliveries. 4.1 The delivery times shall always be considered as approximate times.
4.2 The delivery period shall start to run when the order confirmation is sent, but not before the documents, approvals, and releases to be procured by the customer have been provided, as well as before any agreed down payment has been re- ceived. The delivery period shall be extended or postponed, respectively, by the period in which the customer does not render any possible advance performances or does not offer possible performances to be rendered concurrently in accordance with the contract.
4.3 Should the customer get in default of acceptance or culpably infringe other cooperation obligations, we shall be entitled to claim compensation for the damage incurred to us in this respect, including possible additional expenditure, and with- out waiving the right to assert further claims. In that case, the risk of an accidental destruction or an accidental deterioration of the object of the contract shall pass to the customer.
4.4 In the event the customer gets into delay of payment or circumstances become known which, according to our dutiful commercial discretion, are suitable to reduce the customer’s creditworthiness – particularly the rejection of a cover note by our commercial credit insurance, compulsory enforcement measures against the customer, or the application for insolvency proceedings regarding the assets of the customer –, notwithstanding any further statutory rights, we shall be entitled to refuse any deliveries that are still outstanding until the remuneration for the outstanding delivery has been paid or a security has been provided in this respect. After an appropriate grace period for the payment of the remuneration or the provision of the security has expired without a result, we shall be entitled to rescind the contract. General Terms and Conditions of Brühl Safety GmbH / Brühl Safety Doors GmbH
4.6 Wir haften ebenfalls nach den gesetzlichen Bestimmungen, soweit der von uns zu vertretene Lieferverzug auf einer schuldhaften Verletzung einer wesentli- chen Vertragspflicht beruht; in diesem Fall ist aber die Schadensersatzhaftung auf den vorhersehbaren, typischerweise eintretenden Schaden begrenzt.
Deliveries. 3.1 Delivery dates or deadlines that are agreed as binding or non-binding must be made in writing. The start of the delivery period stated by us is subject to the clarification and confirmation of all technical questions.
3.2 Operational disruptions caused by force majeure, shortage of raw materials, failure of suppliers or other not insignificant influences - in our own company or at our suppliers - shall release us from compliance with binding delivery periods. In this case, the customer reserves the right to withdraw from the contract after setting a reasonable grace period.
3.3 Our liability for delayed delivery shall be limited to a lump-sum compensation amounting to 0.5% of the delivery value per week of delayed delivery, up to a maximum of 5% of the delivery value, unless the delay is caused by intent or gross negligence. The right of the customer to withdraw from the contract after the unsuccessful expiry of a deadline set for us in accordance with the statutory provisions remains unaffected.