Prices and terms of payment. 1. Unless otherwise agreed in individual cases, the applicable prices shall be the ones in force at the time of concluding the relevant contract. All prices are net, in EUROs, ex factory, plus packaging, German VAT at the prevailing rate and – in the case of export shipments – custom duties and any other fees and other public charges.
2. In case of a sale by delivery to a place other than the place of performance (clause IV subclause 1) the Buyer shall bear the transport costs ex works and the costs of any transport insurance requested by the buyer Any customs duties, fees, taxes and other public charges shall be borne by the buyer.
3. We do not take back transport packaging and all other packaging in accordance with the German Packaging Act; they become the property of the purchaser; pallets are excluded.
4. If the goods are packed on pallets, the buyer shall be responsible for ensuring that the Supplier receives the same number of pallets from him in the corresponding type and quality, in the case of Euro pallets in accordance with GS1 A/B, but at least GS1 C. If the buyer has not returned the pallets or has not returned them in full within four weeks of delivery to the supplier, the supplier may demand compensation for each pallet not returned in the amount of the replacement value.
5. The purchase price is due and payable within 14 days from invoicing and delivery of the goods, unless otherwise agreed . At the end of the above payment period, the buyer is in default of payment. unless otherwise agreed. The official date of payment shall be the date on which an amount is received by us. Cheques shall not be considered settled until they have been cashed in
6. If the Buyer is in payment arrears in respect of the purchase price, then this price shall incur interest on arrears at the prevailing statutory rate. We reserve the right to claim further damages caused by default. In the event of a VAT-free intra-community delivery under the German VAT Act (UStG), the Buyer shall undertake to draw up the required documents (at present these are: confirmation of arrival or carrier’s confirmation), completed fully and correctly as required under the prevailing German legal provisions, and shall return those documents to us, unless expressly otherwise agreed. Should other or further confirmations be necessary according to the legal situation with regard to turnover tax valid at the time of the conclusion of the respective contract, the buyer is obliged to complete a...
Prices and terms of payment. 3.1 Prices quoted by us in the order confirmation (plus any applicable statutory VAT) are given ex works or distributing warehouse but excluding packaging, if and insofar as the following contractual stipulations do not specify otherwise or unless it was agreed otherwise in writing. Any ancillary costs, such as packaging, loading, transport, assembly and the presence of montage technicians shall be borne by the customer, unless expressly agreed otherwise, and will be invoiced separately. Similarly, the customer shall bear any customs duties, fees, taxes as well as other public charges.
3.2 For contracts which stipulate a delivery later than 4 months after the conclusion of the agreement and where, between the conclusion of the agreement and delivery of the goods, the applicable prices payable to our suppliers or any other costs associated with our goods (e.g. industrial agreements on wage increases, including public expenses etc.) increase, we are entitled to increase the agreed price in a way that the increased costs will be added in accordance with their percentage in relation to the agreed price, otherwise the price as confirmed in the order confirmation applies. Our right to increase prices pursuant to Clause 1 shall also apply if a delivery period of 4 months was agreed upon, but is then exceeded due to reasons for which the customer is responsible or which are attributable to their sphere of risk.
3.3 Shipments will only be insured if the customer expressly requests such insurance, all costs arising in this regard are to be borne by the customer.
3.4 If, after conclusion of the agreement, any changes to the execution of the order become necessary for circumstances beyond our control or desired by the customer, we are entitled to charge any resulting additional costs to the customer.
3.5 If not explicitly agreed otherwise in the individual case the purchase price for the contractual goods is payable in full with delivery ex works (Incoterms 2010 EXW). For this purpose we inform the customer 2 weeks prior to completion of the goods of the delivery date ex works. The customer either has to actuate payment in a way that the full amount of the purchase price has been received on our account on this ex works date (credited to the account) or to hand over to us until that date an irrevocable confirmed letter of credit according to our specifications. Upon the unsuccessful expiry of that date the customer is in default with the debt and in default of accepta...
Prices and terms of payment. 3.1 Unless otherwise stated, the ex-works prices stated in our written order confirmation plus the respective statutory VAT shall be binding. The agreed hourly rates shall apply to a regular working time from Monday to Friday,
3.2 In the case of errors in the enquiry (e. g. in the enquiry letter, in the lay- out, the drawing, the draft or in the planning drawing released by the customer), we shall be entitled to subsequently charge to the customer any possible work additionally accrued. During the order processing or tech- nical planning phase of an assignment, if changes and/or adjustments are made (e. g. regarding products, safety switches, courses of fences, requests for changes by the customer, multiple changes of the layout by the custom- er, additionally required parts lists, markings of components, replacement parts and wearing parts, or other services that are not included in the offer), which are initiated by the customer and lead to higher planning costs, we shall inform the customer immediately of the resulting change in costs and include this in the final invoice we send.
3.3 Unless specifically agreed, the agreed price shall be due upon delivery and shall be paid without any deduction free to our paying agent. If the delivery is effected later than 30 days after the conclusion of the contract due to reasons for which the customer is liable, the agreed price shall be due 30 days after the conclusion of the contract.
3.4 The time at which we receive the money or at which the amount is credited unconditionally to the bank accounts indicated by us in the order confirmation, respectively, shall be decisive for the timeliness of payments. Accepted bills of exchange, bills of exchange, and cheques shall not be deemed to be means of payment, but shall only be accepted on account of performance.
3.5 The customer shall only be entitled to set-off if the customer’s counter- claims have become res judicata, are uncontested, or we have acknowled- ged them. Furthermore, the customer shall be entitled to exercise their right of retention only insofar as the customer’s counterclaim is based on the same contractual relationship.
Prices and terms of payment a. The prices shown in the purchase order are binding.
b. The period for payment begins to run as soon as the delivery or service has been provided in full and the duly issued invoice has been received. However, the period for payment does not begin before the agreed delivery date.
c. Where the Supplier is obliged to provide test reports, quality documents, documentation or other records, receipt of these documents is a precondition for the completeness of the delivery and service.
d. Place of performance for payments is the seat of the Standby GmbH.
e. Payments cannot be construed as confirmation that deliveries or services are in conformity with the contract.
x. Xxxxxx otherwise agreed in writing, payments are made 30 days net after commencement of the period for payment. The date of receipt of the payment transfer order by our bank determines the timeliness of payment.
Prices and terms of payment. (1) The price stated in the order is binding. All prices include statutory VAT if this is not shown separately.
(2) Unless otherwise agreed in individual cases, the price includes all services and ancillary services of the seller (e.g. assembly, installation) and all ancillary costs (e.g. proper packaging, transport costs including any transport and liability insurance, customs).
(3) The agreed price is due for payment within 90 calendar days of complete delivery and service (including any agreed acceptance) and receipt of a proper invoice. If we make payment within 30 calendar days, the seller grants us a 3% discount on the net amount of the invoice. In the case of a bank transfer, payment has been made on time if our bank transfer order is received by our bank before the payment deadline; we are not responsible for delays caused by the banks involved in the payment process.
(4) We do not owe any interest due.
(5) We are entitled to rights of offsetting and retention as well as the defense of non-fulfilment of contract to the extent permitted by law. In particular, we are entitled to withhold payments that are due as long as we are still entitled to claims from incomplete or defective services against the seller.
(6) The seller only has a right of offsetting or retention due to legally established or undisputed counterclaims.
(7) The assignment of payment claims against DBW to third parties is excluded without our express consent.
(8) Payments do not constitute acknowledgment of the delivery or service as being in accordance with the contract. In the event of defective or incomplete delivery or service, DBW is entitled, without prejudice to other rights, to withhold payments on claims from the business relationship to a reasonable extent until proper performance.
Prices and terms of payment. (1) Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded shall apply, ex warehouse plus statutory VAT.
(2) Beim Versendungskauf (Abschn. D, Abs. 1) trägt der Käufer die Transportkosten ab Lager und die Kosten einer ggf. vom Käufer gewünschten Transportversicherung. Die anfallenden Kosten werden wir gesondert in Rechnung stellen. Etwaige Zölle, Gebühren, Steuern und sonstige öffentliche Abgaben trägt der Käufer.
(3) Der Kaufpreis ist, soweit vertraglich nicht anders vereinbart, fällig und zu zahlen innerhalb von 14 Tagen ab Rechnungsstellung und Lieferung bzw. Abnahme der Ware. Wir sind jedoch, auch im Rahmen einer laufenden Geschäftsbeziehung, jederzeit berechtigt, eine Lieferung ganz oder teilweise nur gegen Vorkasse durchzuführen. Einen entsprechenden Vorbehalt erklären wir spätestens mit der Auftragsbestätigung.
(4) Mit Ablauf vorstehender Zahlungsfrist kommt der Käufer in Verzug. Der Kaufpreis ist während des Verzugs zum jeweils geltenden gesetzlichen Verzugszinssatz zu verzinsen. Wir behalten uns die Geltendmachung eines weitergehenden Verzugsschadens vor. Gegenüber Kaufleuten bleibt unser Anspruch auf den kaufmännischen Fälligkeitszins (§ 353 HGB) unberührt.
(5) Dem Käufer stehen Aufrechnungs- oder Zurückbehaltungsrechte nur insoweit zu, als sein Anspruch rechtskräftig festgestellt oder unbestritten ist. Bei Mängeln der Lieferung bleiben die Gegenrechte des Käufers insbesondere gem. Abschnitt G. dieser AVB unberührt.
(6) Wird nach Abschluss des Vertrags erkennbar (zB durch Antrag auf Eröffnung eines Insolvenzverfahrens), dass unser Anspruch auf den Kaufpreis durch mangelnde Leistungsfähigkeit des Käufers gefährdet wird, so sind wir nach den gesetzlichen Vorschriften zur Leistungsverweigerung und – gegebenenfalls nach Fristsetzung – zum Rücktritt vom Vertrag berechtigt (§ 321 BGB). Bei Verträgen über die Herstellung unvertretbarer Sachen (Einzelanfertigungen) können wir den Rücktritt sofort erklären; die gesetzlichen Regelungen über die Entbehrlichkeit der Fristsetzung bleiben unberührt.
Prices and terms of payment. 1. Only the prices expressly agreed in writing in the order confirmation are considered to have been agreed. Discounts can be granted only in the case of a prior separate agreement. The prices offered in catalogues, brochures etc. are subject to alteration.
2. If the agreed payment deadline is missed then default occurs with no requirement for separate reminder or notification. In this case all agreed payment deadlines – including for any ongoing acceptances – are invalidated and all outstanding invoice amounts become due for payment immediately. In the case of default of payment you are obliged to reimburse all dunning fees up to EUR 70.00 per reminder from us, default interest in accordance with § 456 UGB (Unternehmensgesetzbuch), value added tax on the interest and the costs of extrajudicial or judicial pursuit or recovery of the receivable. You agree that payments will be allocated initially to costs and then to interest and finally to the outstanding capital. If multiple receivables are outstanding without authorisation then it is up to us to which of the outstanding accounts payable we allocate incoming payments.
3. Before complete payment of invoice amounts due including default interest and costs we have no obligation to make any further delivery including on existing contracts. In the case of default with an agreed partial payment the entire remaining balance still outstanding (including additional claims) becomes due for payment immediately (missed deadline). In the case of default of payment or deterioration of your financial circumstances we are also entitled to request cash payment even for current contracts or to make deliveries at your expense against payment in advance. If deliveries diesen Fällen Lieferungen nicht per Vorauskasse erfolgen, so wird die Ware bei uns bereitgestellt und fakturiert, womit die Fälligkeit der Forderung eintritt. Sollten Sie mit Kunden pauschalierte Schadenzahlungen oder Pönalen oder sonst außergewöhnliche, einen möglichen Schaden erhöhende Bestimmungen vereinbaren bzw. vereinbart haben, müssen Sie uns dies vor Vertragsabschluss nachweislich bekanntgeben.
4. Wir behalten uns im Einzelfall vor, eine Leistungserbringung nur gegen Vorkasse zu erbringen.
5. Sollten Sie Ihren Zahlungsverpflichtungen nicht nachkommen oder eine Lastschrift nicht einlösen, sind wir – auch hinsichtlich noch nicht ausgelieferter Bestellungen – berechtigt, nach unserer Xxxx auf Abnahme und Vertragserfüllung zu bestehen oder vom Vertrag zurüc...
Prices and terms of payment. 3.1 Our prices are understood ex works.
3.2 The price agreed is based on the current cost of materials and wages. If these should change by the time of shipping the goods, the price shall also be adjusted in proportion with the percentage of the change in cost of materials and wages, being taken into account at equal percentages. The current state of progress of production at the time of occurrence of a change in cost of materials or wages shall be taken into account, i.e. the adjustment shall only apply to that portion of the price corresponding to the costs that will still be incurred.
3.3 The prices specified do not yet include value added tax at the statutory rate which has to be payed by the cusomer additionally..
3.4 Our invoices are payable within 10 days with a cash discount of 2 % of the net sales price or within 30 days without any deduction, counting from the invoice date in either case.
Prices and terms of payment. 3.1 The agreed prices are fixed prices, are free to destination (i.e. excluding shipping costs) and include all packaging costs, unless otherwise agreed in writing. The prices are exclusive of VAT.
3.2 Payment shall be made within 14 days with a 3% discount or after 60 days without deduction, subject to proper delivery. The date of esz AG's payment order shall be deemed agreed as proof of the timeliness of a payment.
3.3 The payment period shall commence as soon as both the invoice and the goods or the agreed service have been received and provided in full in accordance with the contract. In the event of faulty, incomplete or defective delivery or performance, esz AG shall be entitled to withhold payment on a pro rata basis until proper and complete fulfillment.
3.4 If esz AG has agreed to bear the shipping costs, the supplier shall choose the most favorable shipping route and provide proof of this at the request of esz AG. Shipping costs, in particular for accelerated deliveries of any kind, are excluded without the express written consent of esz AG.
3.5 In the event of late payment, esz AG shall owe interest on arrears at a rate of 5 percentage points above the base interest rate, up to a maximum of 8%, but no interest on arrears. ausdrückliche, textliche Zustimmung der esz AG ausgeschlossen.
Prices and terms of payment. 3.1 The price stated in the Order is binding. The price is always subject to the applicable value added tax (VAT). VAT, customs duties and other taxes shall always be shown separately on the invoices. If the supplier is located in Germany, his invoices must contain the mandatory information pursuant to § 14 para. 4 UStG (German VAT Act) in the currently valid version.
3.2 Unless otherwise agreed in individual cases, the price shall include all services and ancillary services of the supplier as well as all ancillary costs (e.g. proper packaging, transport costs free place of delivery including any transport and liability insurance).
3.3 Payment shall be made after receipt of the invoice and receipt of goods (if applicable acceptance) within 14 days with a 3% discount or within 30 days net and in Euro, unless otherwise agreed in individual cases. The supplier sends the original invoices, which meet all legal requirements, to CABKA at the address of CABKA indicated in the Order. The invoice must contain the Order number and all invoiced items with quantities, unit prices and taxes. The term "final invoice" (or similar) is only used for the invoice that represents the conclusion of the Order. If the supplier is expressly responsible for transport, these costs will be invoiced separately on the basis of the receipts (if these costs are not already included in the Order). Each granted discount period begins on the day on which CABKA receives the final invoice which fulfills the above-mentioned requirements. In the case of cross-border deliveries, the supplier is also obligated to provide CABKA with corresponding invoices and customs documents at no additional cost.
3.4 For the timeliness of a payment owed by CABKA (in case of bank transfer) the value date of the account credit at the supplier's bank is decisive.
3.5 For the occurrence of default by CABKA the statutory provisions shall apply, unless otherwise provided below. Thus, CABKA is in default exclusively upon receipt of a written reminder from the supplier. CABKA does not owe any interest on maturity. The claim of the supplier to payment of interest on arrears remains unaffected but is limited to an amount of five percentage points above the respective base interest rate according to § 247 BGB.
3.6 CABKA is entitled to rights of set-off and retention as well as the defense of non-performance of the contract to the extent permitted by law. CABKA is in particular entitled to withhold due payments as long as...