Price, payment Musterklauseln
Price, payment a) The prices stated in our order confirmation shall be decisive. In absence of a specific agree- ment, they shall apply ex works excluding packaging and Value Added Tax to the statutory amount. Packaging shall be charged to Customer at cost price; it shall not be taken back.
b) If delivery is not to be effected within 4 months after conclusion of the contract, we shall, in the absence of a specific agreement, be entitled to charge the prices valid on the date of dispatch. The same shall apply if delivery can only be effected 4 months after conclusion of the contract for reasons for which Customer shall be answerable.
2. Insofar as nothing to the contrary can be seen from the order confirmation, our invoices shall be paid net within 30 days.
3. Customer can only offset with counterclaims which are undisputed or legally effective. This shall also apply if a right of retention is claimed by Customer.
4. We shall be released from further obligations to delivery until complete payment of mature in- voices.
5. We shall be entitled to offset payments from Customer against its older debts, despite provisions to the contrary from Customer. We shall inform Customer of the nature of the offsetting imple- mented. If costs and interest have already been incurred, we shall be entitled to offset the pay- ment against the costs to start with, then against the interest and only then against the main payment.
6. A payment shall only be deemed effected when we can dispose of the amount. We shall only accept cheques and bills of exchange in the event of express agreement. In such cases, payment shall only be deemed effected when the amounts have been credited to us and we have been released from liability. In cases of financing with acceptance (reversal) bills, payment of the purchase price shall be deemed effected when we have been released from the liability for the bill. Cheque and bill expenses shall be charged to Customer.
7. If circumstances questioning Customer‘s creditworthiness become known to us, in particular if it does not honour a cheque or bill of exchange or stops or has stopped its payments or other cir- cumstances questioning Customer‘s creditworthiness become known to us, we shall be entitled to make the residual debts due for payment immediately or to withdraw from the contract.
Price, payment. 4.1 Prices agree shall be binding. Unless otherwise agreed in writing prices are „free place of receipt“ any costs for packaging, transport, insurance, duties, taxes and any other fees included. Reservations concerning increases in price must expressly be confirmed in writing.
4.2 Invoices shall be sent to the responsible purchaser separated from the shipment and stating the respective destination, our purchase order number and any other details required by the order.
4.3 For determining the discount period the date of receipt of the auditable invoice shall be decisive. If documentations, test reports or similar documents are included in the scope of delivery and services the periods allowed for payment mentioned above shall not commence prior to the surrender of all documents to LAUKIEN as contractually agreed.
