Prices, Terms of Payment. 4.1 The prices stated in the order confirmation refer to the delivered products “ex works” CABKA (EXW, Incoterms ® 2020) excluding packaging and transport, unless otherwise expressly agreed.
4.2 All prices are exclusive of the value-added tax in euros that is valid at the time of delivery.
4.3 CABKA expressly reserves the right to change the production lo- cation after the conclusion of a contract. If the transport costs for the customer change as a result of this, CABKA shall be entitled to adjust such costs accordingly.
4.4 Payment is due 30 days after delivery of the products, unless otherwise agreed in writing. After the due date, CABKA shall be entitled to demand interest at a rate of 8% above the statutory base rate. This shall not affect the right to assert higher damages caused by delay.
4.5 By way of derogation from the preceding section, CABKA re- serves the right to, in justified cases, in particular in the case of a negative creditworthiness or in the case of a previous delay in payment, demand payment of the products prior to delivery (pay- ment in advance).
4.6 If partial services are not accepted within the framework of a large order and the invoices for the products called up are not paid, CABKA shall be entitled to stop production or sell the products to third parties until the outstanding invoices have been paid.
4.7 The customer may assert a right to refuse performance or a right of retention only if the counterclaims are based on the same contractual relationship and are legally established or un- disputed.
Prices, Terms of Payment. (a) Unless expressly stated otherwise in the order confirmation, our prices are ex works, excluding packaging and insurance and plus the applicable statutory value added tax. The legal amount on the day of invoicing is decisive. The invoice amounts are payable without deduction no later than 30 days after the invoice date. However, we can also make the delivery dependent on immediate payment after timely prior notification. In the case of customers whose credit situation is unknown or doubtful to us, delivery may be made against advance payment. We do not accept bills of exchange or cheques. If the customer files for insolvency, delivery will only be made step-by-step against payment, unless the customer provides a valuable security (objection of insecurity according to §321 BGB).
(b) Deduction of discount requires special written agreement.
(c) The customer is only entitled to offsetting rights and rights of retention if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is only authorized to exercise a right of retention if and to the extent that his counterclaim is based on the same contractual relationship.
(d) In the event of default in payment, the customer is obliged to provide us with securities. The items and rights of the customer that are in our possession or in our power of disposal serve as a pledge to secure our due claims from this point on. We are entitled to disclose the pledge and to sell collateral at the exchange or market price on the open market unless a public auction is mandatory.
(e) Without prejudice to further claims due to default in payment, our claims are due from the due date at 5% p.a. a. to pay interest.
Prices, Terms of Payment. 9.1 All prices are net prices plus statutory value-added tax.
Prices, Terms of Payment. 4.1 The agreed price is binding and understood to include all ancillary costs according to Incoterms 2010. The return of packing requires a special agreement.
4.2 Invoices can only be handled if the order number according to our purchase order and the number of the delivery note are indicated therein. The Supplier is responsible for all consequences resulting from the non-compliance with these requirements.
4.3 Supplier's claims become due only after complete receipt of goods or complete performance of services ordered, as well as upon receipt of the properly prepared invoice documents.
4.4 If we pay before the due date or within 14 calendar days from receipt of goods or completion of performance or, optionally, after receipt of the invoice in the event that it arrives later than the goods, we shall be entitled to take a discount of 2 %, unless otherwise agreed. Payments are made by transfer or cheque, unless otherwise agreed. A payment does not constitute the acceptance of the delivery as being faultless.
4.5 We are entitled to set-offs and retentions within the legal extent.
4.6 The Supplier may only dispose of its claims against us after having obtained our written consent thereto.
Prices, Terms of Payment. 4.1 Unless agreed upon otherwise in individual cases, our prices are quoted ex works our place of business (INCOTERMS 2010), plus packaging and plus value-added tax at the statutory rate.
4.2 Our prices are no fixed prices, but contain variable price components for material, alloys and energy. The calculation of the price shall be subject to a separate agreement. In the absence of a separate agreement, the variable price components shall be calculated by us on the basis of the generally accepted indices.
4.3 If, upon Purchaser’s request, delivery is made to a place other than the place of performance, the transport costs ex warehouse and, where desired by Purchaser, the cost of transport insurance shall be borne by Purchaser.
4.4 Any customs duties, charges, taxes and other public charges shall be borne by Purchaser.
4.5 The purchase price shall be due and is payable within 14 days of invoicing and delivery.
4.6 Upon expiry of this payment term, Purchaser shall be deemed in default of payment. During such default, the purchase price shall bear default interest at the statutory rate as applicable from time to time. We reserve the right to assert further claims for compensation of damage caused by default. This shall be without prejudice to our entitlement to commercial maturity interest(Section 353 HGB – German Commercial Code).
4.7 In particular if Purchaser defaults on payment, we shall be entitled to demand payment of a lump sum of EUR 40.00 pursuant to Section 288 Clause 5 BGB. This shall also apply if the payment claim relates to a payment on account or another instalment payment. The lump-sum payment pursuant to the sentence above shall be charged against any due damage payment to the extent that the damage arises from costs incurred in pursuit of rights.
4.8 Purchaser shall only be entitled to exercise any rights of setoff or retention to the extent that his claim has been declared final and absolute or is uncontested. This shall not apply to Purchaser’s counterclaims on account of delivery of defective goods.
Prices, Terms of Payment. 3.1 Unless otherwise agreed, our prices shall be quoted „ex works“ (INCOTERMS 2010), exclusive of packing and transportation costs. These shall be charged for separately.
3.2 Statutory value-added tax is not included in our quoted prices. It will be shown separately in the invoice in the statutory amount applicable at invoicing date.
3.3 Discounts may be deducted only by special written agreement.
3.4 Unless otherwise agreed, the purchase price shall be due for payment net (without any deduction) within 30 days of the date of the invoice. Should the Buyer fail to pay in due date, we are entitled to charge default interest at a rate 8 percentage points higher than the each published base rate (Basiszinssatz, Article 247 BGB (German Civil Code)).
3.5 Unless otherwise agreed, for tools made to drawings, special designs or projects, payment shall be made as follows: - 1/3 advance payment upon receipt of the acknowledgement of the order; - 1/3 upon receipt of the delivery; - 1/3 fourteen (14) days after acceptance
3.6 The Buyer is only permitted to offset against our claims it its counterclaims have been confirmed by final court judgement, are uncontested or acknowledged by us. The same applies for rights for retention and for rights to refuse performance; besides the Buyer may exercise a right for retention only if its counterclaim is based on the same contrac- tual relationship.
Prices, Terms of Payment. 1. Unless otherwise expressly confirmed in writing by Gelpell, the prices are generally ex works. The INCOTERMS 2020 apply.
2. All prices shown are net prices excluding statutory taxes (in particular, sales tax and VAT) and packaging expenses. Statutory taxes (in particular sales tax and VAT) are shown separately on the invoice on the day of invoicing. Furthermore, in accordance with the general trade practice, shipping and transport packaging can also be charged separately.
3. Price deviations or subsequent charges that arise during customs clearance as a result of product-related import taxes and duties and bank charges shall be borne by the customer. In the event of further processing or resale of the delivered product, the cal- culation of taxes (in particular sales and VAT) is the responsibility of the customer.
4. Invoices are to be paid net within 30 days of invoicing, without discount or other deduc- tions. Different payment deadlines have to be approved in writing by Gelpell. In the event of default in payment or deferral, Gelpell is entitled to charge interest at the stat- utory rate of 5%, as well as overdue fines; the right to claim further damages remains reserved.
5. Payments made shall be initially offset against costs incurred, then against accrued interest and finally against the main claim.
6. Missing or late payments release Gelpell from delivery obligations and/or adherence to delivery schedule.
7. If there has been a significant increase in material or production costs by the time of delivery, Gelpell is entitled to adjust the prices specified in the order confirmation.
8. Depending on the credit rating, subject matter of the contract and the volume of the contract, Gelpell reserves the right to use a method of payment that differs from Section 4 or advance payment for the provision of additional security. In the event of initial orders exceeding 50,000 CHF, a customer shall pay a 50% deposit, under any circum- stances, payable within 15 days of the invoice date (invoice down payment).
9. In the event of any significant deterioration in customer's financial situation after the conclusion of the contract, the customer must inform Gelpell immediately. If Gelpell becomes aware of such circumstances after the conclusion of the contract, Gelpell is entitled, at their option, to request either advance payment or an adequate security deposit.
Prices, Terms of Payment. 6.1 With the exception of the scrap and alloy surcharge which is included in the price and explicitly listed (cf. Clause 6.2), the und ausdrücklich aufgeführten Schrott- und Legierungszuschlag (vgl. Ziffer 6.2) – um Festpreise, sofern die Parteien nichts anderes vereinbart haben.
6.2 Alle Preise von Penn verstehen sich, soweit keine anderweitige Vereinbarung getroffen wurde, in Euro ab Werk ausschließlich der jeweiligen gesetzlichen Umsatzsteuer sowie etwaiger anfallender Steuern, Zölle, Verpackung, Versicherung und sonstiger Kosten.
6.3 Penn ist berechtigt, die vereinbarten Preise anzupassen, wenn und soweit die Kosten für die von Penn für die Herstellung der Produkte benötigten Materialien bzw. Rohstoffe sich um mindestens 3% - bezogen auf den Index von MEPS (International) Ltd zum Zeitpunkt des Vertragsabschlusses veröffentlicht im MEPS European Steel Review (Monthly, Germany, low) erhöht oder verringert haben. Der Umfang der Anpassung wird sich an der tatsächlichen Kostenveränderung orientieren. Xxxx wird den Käufer über die Preisanpassung benachrichtigen, im Falle einer Preiserhöhung mindestens vier (4) Wochen vor Wirksamwerden der neuen Preise. Der Käufer kann im Falle einer Preiserhöhung durch schriftliche Erklärung binnen zwei (2) Wochen seit Eingang der Mitteilung über die Preiserhöhung vom Vertrag zurücktreten.
6.4 Penn ist berechtigt, die vereinbarten Preise bei Änderung des „Kollektivvertrag für die Metalltechnische Industrie“, entsprechend den resultierenden Lohnkostenänderungen anzupassen. Eine entsprechende Preisanpassung berechtigt den Käufer ausschließlich zum Rücktritt vom Vertrag, wenn der ursprünglich vereinbarte Preis um mehr als 3% vom neuen Preis abweicht.
6.5 Penn ist berechtigt, für Teillieferungen im Sinne der Ziffer 4.7 Teil-Rechnungen zu stellen.
6.6 Sofern die Parteien nichts anderes vereinbart haben, wird jede Rechnung von Penn innerhalb von 14 Tagen nach Eingang beim Käufer ohne Abzug zur Zahlung fällig. Bei erfolglosem Ablauf dieser Frist tritt Verzug ein. Zahlungen des Käufers gelten erst dann als erfolgt, wenn Penn über den Betrag verfügen kann.
6.7 Befindet sich der Käufer in Zahlungsverzug, ist Xxxx berechtigt, Verzugszinsen in gesetzlicher Höhe zu verlangen. Die Geltendmachung eines weiteren Verzugsschadens bleibt unberührt.
6.8 Zur Aufrechnung ist der Käufer nur berechtigt, wenn sein Gegenanspruch unbestritten oder rechtskräftig festgestellt ist.
6.9 Zur Geltendmachung eines Zurückbehaltungsrechts ist der Käufer nur in...
Prices, Terms of Payment. 1. The price stipulated in the order is binding. In the absence of a devia- ting written agreement, prices include delivery pursuant to Incoterm DDP (place of destination) in the version valid at the relevant time. The obligation to return packaging requires a separate agreement.
2. Shipping documents and invoices can only be processed/ paid by the Customer if such documents specify the order number stated in the Customer‘s order - in accordance with the stipulations in the or- der; the Supplier shall be responsible for all consequences resulting from non-compliance with this obligation, except if he can prove that he was not at fault.
3. The Customer‘s rights to set-off and retention shall be governed by the statutory provisions.
Prices, Terms of Payment. (1) All prices include statutory value-added tax and all other price components.
(2) Unless expressly agreed otherwise in individual cases, invoices shall be due for payment immediately and without deduction upon receipt of the invoice. The payment terms for other fees which the customer is required to pay directly to the respective service providers in connection with the arrangement of travel services can be found in those service providers’ own terms and conditions or other payment instructions they provide.
(3) The retailer is authorised by the service provider to accept payments from the customer. The customer can find payment terms – including the amount or percentage of the price to be paid as a down payment, as well as a schedule for the payment of the balance or for the provision of financial security – in the offer on the website or in the service. The customer may make the payment via one of the payment methods specified in the booking process on the website/in the service.