Microsoft Word - AGBs_en.doc BergthalS

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Specifications	Microsoft Word - AGBs_en.doc BergthalS
Business section

2 deliveries and/or part deliveries, we are entitled to ask either for payment in advance or for the provision of appropriate

Specifications	Microsoft Word - AGBs_en.doc BergthalS
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Content	2 deliveries and/or part deliveries, we are entitled to ask either for payment in advance or for the provision of appropriate securities. § 5 Delivery Time 1. The delivery times indicated by us can in isolated cases be slightly exceeded. Our delivery obligation is suspended, for as long as the customer is behind with a debt or obligation and/or has to provide documentation, approvals or releases. 2. Force majeure and business disruptions, in particular war, strikes and lock- out at our company or at one of our suppliers, shortage of raw materials, directives and orders of public agencies or the lack of regulatory or other necessary approval for effecting the delivery, relieve us of the duty to perform for the duration of the disruption and within the compass of its effect, insofar as the disruption has not been brought about through gross negligence on our part. The same applies, if the circumstances mentioned arise at one of our suppliers. 3. If the delivery time that we agreed to is exceeded by more than 2 months, then the customer has the right to give us a commensurate extension of time of at least 4 weeks. If we have still not made delivery at the end of this extension period, then the customer can withdraw from the agreement by giving us notice in writing. Compensation claims for damages caused by delay and compensation claims for non-fulfilment are limited to those damages foreseeable for us at the time the agreement was made. The amount of the damages is limited to 0.5 % for each whole week of the delay after the extended period of time has elapsed, but with a maximum of 5 % of the value of that part of the total delivery that cannot be used either on time or as stipulated in the agreement. This limitation does not apply, if the delay or non- fulfilment was caused by us with intent or through gross negligence. Any further claims on the part of the customer in all cases of delayed delivery, even after an extended period of time set by ourselves, are excluded. § 6 Shipping and Passing of Risk 1. The risk passes to the customer not later than with the despatch of the delivery consignment. This is also the case if partial deliveries are made or if we take responsibility for the carriage of the goods or if a delivery has been agreed carriage-paid (franco) or free carrier (FCA). This also applies to any possible return of the goods that we may agree to. 2. If shipment is delayed as a result of circumstances that are beyond our control, then the risk passes to the Buyer from the day that the goods are ready to be shipped. 3. The costs of the shipment are to be borne by the Buyer. Packing will be invoiced at cost. § 7 Delay in acceptance of goods on the part of the Buyer 1. If the Buyer does not take delivery of the goods ordered on the due date, then we are entitled either to give him a reasonable extension, after which time we will either otherwise dispose of them or we will immediately invoice him for the goods and store them at his cost and risk. This does not affect our rights to withdraw from the agreement or to demand compensation for non- fulfilment. If we demand compensation for non-fulfilment, then we can request without proof 20 % of the agreed consideration as indemnity, insofar as the Buyer cannot prove that considerably less damages have arisen. We reserve the right to claim higher actual damages.
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Following Datasheets	AGB_05 (3 pages) AGB_10_11 (8 pages) AGB_2012 (1 pages) agb_CH_fr (1 pages) agb_de-1 (5 pages) AGB_de_1 (1 pages) agb_deutsch (7 pages) AGB_DE_2011 (1 pages) AGB_dt (1 pages) agb_en_1 (2 pages)
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