Price and payment. (a) Rechnungen und Belege.
(a) Invoices and Statements.
(b) Preis.
(b) Price.
(c) „Meistbegünstigung“.
Price and payment. 8.1 All agreed prices shall be deemed fixed prices unless expressly stipulated otherwise in the contract. In the absence of any written agree- ment to the contrary, all prices shall be deemed to include packing and transport to place of performance and all tax on freight transportation and customs duties.
8.2 Without specific agreement, the Buyer shall effect payment within 60 days from deliv- ery/acceptance and receipt of invoice.
8.3 The Buyer does not owe any due date inter- est. The accumulated interest for delay shall be 5 % annually above the base rate. Our de- fault shall start in accordance with the legal provisions while in deviation to these the Sup- plier shall mandatorily send a written re- minder.
8.4 The Supplier’s shall be entitled to subcontract or pledge the rights under the contract only with the Buyer’s explicit written approval.
Price and payment. 4.1 For orders at a net value of goods over 2,500,- € the packaging costs are not charged within Germany, except for that we deliver free of charge within the country as cargo from this merchandise value on. Exempt from that is the charging of legal toll, a surcharge for logistics of
Price and payment. (1) The prices are quoted net ex works 00000 Xxxxxxxxx. Value-added tax at the respective statutory rate shall be added to the prices.
(2) Unless agreed otherwise in writing, payment shall be made within 30 days in cash to our dedicated account without any deductions. We grant 2% discount for payments made within 10 days from the invoice date.
(3) A payment shall only be deemed to have been made when we can dispose of the amount. If payment is made by check, payment shall be deemed to have been effected upon cashing of the check. We are entitled to refuse the acceptance of bills of exchange. If the buyer fails to comply with his payment obligations, in particular fails to cash checks or bills of exchange, or discontinues his payments or if we become aware of other circumstances reducing the financial standing of the buyer, we shall be entitled to demand payment of the entire remaining debt, even if we have accepted checks or bills of exchange. In addition, we shall be entitled to demand advance payments.
(4) The customer shall have a right of set-off or retention only in the case of counterclaims that have been legally established or are undisputed.
Price and payment. 1. In the absence of a special agreement, the prices apply ex works including loading in the factory, but excluding packaging and unloading. The sales tax in the respective statutory amount is added to the prices.
2. In the absence of a special agreement, payment is to be made immediately after delivery and without any deduction to the Supplier‘s account. The respective delivery quantity is charged.
3. The Purchaser is only entitled to withhold payments insofar as his counterclaims are undisputed or have been legally established.
4. The Purchaser‘s right to offset counterclaims from other legal relationships only applies to the extent that they are undisputed or have been legally established.
Price and payment. 1. Sofern zwischen dem Lieferanten und dem Besteller nichts anderes verein- bart wurde, versteht sich der Preis einer Bestellung für den dort aufgeführten Leistungs- und Lieferungsumfang in EURO und ab Werk des Lieferanten einschließlich Verpackung und Verladung im Werk zuzüglich der gesetzli- chen Umsatzsteuer und bei Exportlieferungen Zoll sowie Gebühren und an- derer öffentlicher Abgaben. Mehr- oder Sonderleistungen werden geson- dert berechnet.
1. Unless otherwise agreed between the Supplier and the Ordering Party, the price of an order for the scope of service and scope of delivery stated therein is understood to be in EUROS and ex-works of the Supplier, in- cluding packaging and loading at the factory. The price is subject to the statutory value added tax and, in case of export deliveries, customs charges, as well as fees and other public duties. Additional or special ser- vices will be charged separately.
2. Soweit nicht anders vereinbart, sind die Rechnungen des Lieferanten ge- mäß den in der Auftragsbestätigung genannten Zahlungsbedingungen zahl- bar.
2. Unless otherwise agreed, the invoices of the Supplier shall be payable in accordance with the payment terms set out in the order confirmation.
3. Eine Aufrechnung des Bestellers mit Gegenansprüchen sowie die Geltend- machung eines Leistungsverweigerungs- und/oder Zurückbehaltungsrechts durch den Besteller ist nur dann zulässig, wenn die Gegenansprüche des Bestellers vom Lieferanten nicht bestritten werden oder durch eine Gerichts- entscheidung rechtskräftig festgestellt wurden.
Price and payment. 1. Unless agreed otherwise, the prices are ex works including loading at the factory, but excluding packag- ing and unloading. Value added tax at the respective statutory rate shall be included in the applicable amount.
2. In the absence of a special agreement, payment shall be made without any deductions within 30 days of the invoice date to one of our company's bank accounts.
3. The customer is only entitled to withhold payments to the extent that his counterclaims are undisputed or le- gally binding.
4. The right of the customer to offset against counter- claims arising from other legal relationships shall only be available to the customer insofar as these counter- claims are undisputed or have been established as part of a legal process.
Price and payment. 3.1 In the absence of a special agreement, the prices shall apply ex works including loading at the factory, however excluding packaging and unloading. Value added tax at the respective statutory rate shall be added to the prices. If we ship or deliver the goods to another location, the customer shall bear the costs for transport, packaging, insurance, export, import, customs and any other duties incurred.
3.2 We reserve the right to adjust our prices accordingly at our reasonable discretion if unforeseeable cost increases occur after conclusion of the contract for which we are not responsible, in particular due to collective labour agreements or changes in material prices, storage or energy costs. Within the scope of our reasonable discretion, we also shall, in particular, take into account reductions in other cost elements so that only a corresponding balance leads to a price increase. We shall provide evidence of cost increases to the customer upon request.
3.3 Payments for equipment and machine deliveries: The purchase price is due for payment without deduction within 30 days of the invoice date. The legal regulations concerning the consequences of late payment.
3.4 Payments for services and spare parts deliveries: The invoice amount is due for payment immediately without deduction. The statutory regulations regarding the consequences of late payment shall apply.
3.5 The customer shall only be entitled to withhold payments (Zurückbehaltungsrecht) or offset them (aufrechnen) against counterclaims to the extent that his counterclaims are undisputed or have been recognised by a final judgement (rechtskräftig).
Price and payment. 4.1. Unless otherwise stated in the order confirmation our prices plus VAT effective on the day of delivery are quoted ex works Essen/Oldenburg. All costs for packing, loading, stowage and unloading are for the charge of the customer.
4.2. Should the German Packaging Ordinance oblige XXXXXXX XXXXXX ING. GMBH & XX.XX to take back the packaging used for the transport the customer shall bear the costs for the return of the packag- ing and its utilisation. If it is not possible to reuse the returned packaging, the customer shall bear the costs incurring for the recycling by XXXXXXX XXXXXX ING. GMBH & CO. KG. Where applicable the customer will additionally will have to pay for all customs duties, customs clearance costs, taxes and other fees incurring from the return of the packaging material.
4.3. Containers are not considered to be packaging material. They will remain the property of XXXXXXX XXXXXX ING. GMBH & CO. KG. The customer has to bear the costs (transport costs, customs duties, customs clearance costs, taxes and fees) and risk concerning import, re-export and return to XXXXXXX XXXXXX ING. GMBH & CO. KG.
4.4. All tools, surplus material, welding gas bottles and other equipment used at site are not subject of the contract. They will remain the property of XXXXXXX XXXXXX ING. GMBH & CO. KG. The customer has to bear the costs (transport costs, customs duties, customs clearance costs, taxes and fees) and risk concerning import, re-export and return to XXXXXXX XXXXXX ING. GMBH & CO. KG.
4.5. The price agreed upon has to be paid without any deduction.
4.6. Due date and default interest rates have to be paid to XXXXXXX XXXXXX ING. GMBH & CO. KG according to legal regulations. This shall not affect the right of XXXXXXX XXXXXX ING. GMBH & CO. KG to assert further claims and rights.
4.7. The customer is only entitled to set-off rights and rights of retention if his counterclaims have been established as final and absolute, are undisputed and have been acknowledged by XXXXXXX XXXXXX ING. GMBH & CO. KG and if they had been announced to XXXXXXX XXXXXX ING. GMBH & CO. KG at least one month before.
4.8. Should facts come known to XXXXXXX XXXXXX ING. GMBH & CO. KG after conclusion of the contract that give rise to the justified doubt about the customer’s creditworthiness, XXXXXXX XXXXXX ING. GMBH & CO. KG is entitled to ask the customer to provide a simple (not payable on first demand) and irrevocable bank guarantee as security or a bank guarantee with an unlimited te...
Price and payment. 6.1. The agreed prices are binding unless expressly agreed upon otherwise by the parties, for which proof is to be provided by the Contractor.
6.2. The agreed payment term starts with the receipt of all contractually owed supplied items at the place of destination indicated by KRONES AG or with their acceptance if this has been contractually agreed upon or is a legal requirement. However, if the invoice of the Contractor is delivered to the place of destination indicated by KRONES AG after all contractually owed supplied items have been received and/or after their acceptance at KRONES AG (purchasing department), the agreed payment term does not start before the day on which the invoice is received.
6.3. KRONES AG shall effect payment within the agreed payment term. Payment as defined above is made by sending or electronically entering a bank transfer order or sending a crossed cheque.
6.4. If KRONES AG pays an invoice of the Contractor without raising any objections, this shall not be interpreted as a confirming debt acknowledgement regarding the settled claim and/or as acceptance of the delivery or services in accordance with the contract.
7. Place of fulfilment, handover, transfer of risks, force majeure
7.1. The place of fulfilment shall be the place of destination indicated by KRONES AG.
7.2. Insofar as the services of the Contractor refer to the creation or adaptation of software, the handover shall be effected on a suitable data carrier in machine- readable form together with the source code.
7.3. Sieht das Gesetz keine Abnahme vor und ist eine Abnahme auch vertraglich nicht vereinbart, geht die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung mit der Übergabe der Liefersache am Bestimmungsort vom Auftragnehmer auf die KRONES AG über, andernfalls mit der gesetzlich vorge- sehenen oder vertraglich vereinbarten Abnahme gemäß Ziffer 9.
7.4. Arbeitskämpfe sowie sonstige Fälle höherer Gewalt berechtigen die KRONES AG, vom Auftragnehmer eine angemessene Vertragsanpassung oder Freistellung von der Abnahmepflicht zu verlangen.