Content | (VZR-Ra/05.06.2004/438589) ZF – Purchasing Conditions for Machines and Mechanical devices (Situation Juli 2004) 1. Range of Validity These ZF purchasing conditions are valid for the purchasing of machines and mechanical devices ( later in this connection called „machines“), including other necessary services such as for example assembly work (delivery of machines and the furnishing of further services, later, in this connection called „services“). The following conditions take as a basis agreed to individual contracting regulations ( for example basic agreements), as a rule between purchaser and agent ( later in this connection called „contracting parties“). General terms and conditions of the agent are herewith explicitly contradicted. 2. Prices and Weights 2.1 The agreed to prices are fixed prices plus the respective valid value added tax. 2.2 The prices include required measures against frost, snow, heat and water damage, as well as the remedy of such damages. 2.3 Cost for transportation, transportation insurance, packaging and their refunding are to be indicated separately in the quotation. Analogous is valid for costs for assembly and the commissioning of a machine, as far as such costs are invoiced. In this connection, costs, in their total, indicating the hourly, repectively, daily fees; travel and overnight costs or, commensurate with a deviating agreement , for example flat rates, are to listed. 2.3 When the agreed to weights for piece- and flat rates fall short by more than 5%, the invoice amount is reduced for this minus at the full average kilogram price.Added weight is not remunerated. 2.4 Concerning unit prices, only the actually delivered weight is paid, maximally the parts-list weight. 2.5 Valid for the determination of the weight, are those entry-weights, determined by the weighing supervisor of the agent, on whose works vehicle the entry-weights are determined. In so far as weighing at the purchasers location is not possible, official railway rulings are valid, or, with commercial vehicles deliveries those weights determined on a public scales. When a weighing is not possible or expedient for the purchaser, the parts-list weights are valid. Are delivery parts with different unit-prices, or, partially with unit, partially with part or with total prices loaded on one vehicle, the individual-weights are to be indicated and highlighted on the delivery notice. If this is neglected the weight distribution of the purchaser, executed at the best of his knowledge is valid. Those objects required to execute the order, particularly those named in sub-paragraph 5.3 must not be weighed together with the delivery-specific parts. 3. Payment 3.1 Payment occurs according to individual agreement Concerning the acceptance of pre-duedate performance, expiration is in conformity with the agreed to delivery date. 3.2 Concerning defective performance, the purchaser is authorised to hold back the payment, proportinate to the value, until lawful compliance. 3.3 The agent, is not authorised to transfer his outstanding accounts with out prior written assent from the purchaser, which is not to be unfairly refused, or to have them collected by third parties. With the presentation of an extended title to ownership consent is considered as given. 4. Invoicing in the Case of Notice Due to Contract Violation When the purchaser makes use of one of his rights of notice, according to the contract or law, due to a contract violation of the agent, the already executed performance will be calculated at contract prices only when it can be used by the purchaser as stipulated. Invoicing occurs on the basis of the contract. Damages to be covered by the purchaser are considered in the invoicing. The same is valid pertaining to a forteited contract penalty. 5. Range and Execution 5.1 The agent supplies, in as much as no other agreement has been made, a complete machine, containing all parts necessary for a problemless operation when following the contracted agreement, silently agreed to, prerequisited or standard characteristics, even then, when the required single parts are not enumerated. The information given by the purchaser is to be proved by the agent, at his own risk. Machine components and parts are to be designed and ordered that they can easily and quickly be maintenanced, inspected and exchanged. Wear parts have to have the highest possible endurance. 5.2 The purchaser installs on location, at a distance of not more than 100 meters, electric energy in the available voltage and water at no additional cost. The heating of construction-site accommadations with electric energy is allowed within the framework of given possibilities, for the remaining it is not permitted to use electric energy for heating. |