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    Page 283 - Catalog spare parts LASO for trucks
    P. 283
    Catalogs auto parts for car and truck

    AUTO PARTS

    Page 283 - Catalog spare parts LASO for trucks

    Auto Parts / Terms of delivery and payment
    
    
              1. Validity
              This terms of delivery and payment are subject to all offers and order confirmations   To the extent that the seller is not liable for a failure to perform delivery time obli-
              by Arthur Langenhan GmbH & Co. KG, a corporation organized and existing under   gation because failure was due to an impediment beyond his control the buyer may
              the laws of the Federal Republic of Germany, hereinafter referred to as „LASO“   not claim damages nor exercise any other remedy.
              or the „seller“ and an international „buyer“. New catalogues and / or price lists
              replace all previous issues and render them invalid.    7. Payment conditions
              Acceptance and performance of purchase orders shall be exclusively subject to the   Unless other payment periods are approved by the order confirmation the payment
              following terms and conditions. The buyer agrees to the seller‘s terms of delivery   of the price shall be effected within 30 days from the date of invoice without cost
              and payment when placing the order. Purchasing terms of the buyer do not inva-  and without any deduction to the account of the Supplier indicated on the invoice.
              lidate the terms of the seller irrespective as to whether the seller repudiates the
              buyer‘s terms or not.                              Default in payment for more than 30 days constitutes a fundamental breach of
                                                                 contract. The Supplier is entitled to 8 per cent points p. a. above the base rate of
              2. Acceptance of orders                            the European Central Bank without prejustice to any other remedies, unless the
                                                                 Purchaser proves a substantially lower damage caused to the Supplier.
              Purchase orders shall become binding on LASO only once confirmed by LASO in
              writing. The same shall apply to modifications of purchase orders. LASO shall, ho-  Drafts and / or cheques issued by the buyer are only credited after the same have
              wever, have the option to accept a purchase order by commencing performance   been cleared by the relevant banking institution of the buyer.
              without prior order confirmation.
                                                                 The buyer shall not be allowed to retain the purchase price or to set off counter
              3. Object of sale                                  claims, unless such claims have been approved by the Purchaser or awarded by final
                                                                 judgement rendered by a court of competent jurisdiction.
              The object of sale shall be exclusively determined by the contents of the order
              confirmation. Deviations from the order confirmation and technical improvements   8. Reservation of title
              which are not material do not constitute a lack of conformity of the goods with the
              contract. A deviation of plus or minus 10% of the ordered quantity must be ac-  Title to the goods shall not pass to the Purchaser but shall be retained by LASO until
              cepted by the buyer for all items which are not stock items, but are manufactured   the contract price has been paid to LASO in full by the buyer.
              at the request of the buyer.
                                                                 Until such time as title in the goods has passed to the Purchaser:
              All items offered by the seller are supplied only for the purpose of being used as     - LASO shall have absolute authority to retake, sell or otherwise deal with or
              spare parts. All given cross reference numbers are for identification purposes only.       dispose of all or any part of the goods in which title remains vested in the
                                                                     Supplier;
              The seller is particularly not liable for the goods being fit for a particular purpose to     - for the purpose specified above, LASO or any of its agents or authorisied
              which the buyer intents to put them or for their compliance with the legal require-      representatives shall be entitled at any time and without notice to enter upon
              ments existing outside the Federal Republic of Germany.      any premises in which the goods or any part thereof is installed, stored or kept,
                                                                     or is reasonably believed so to be;
              4. Price                                             - LASO shall be entitled to seek a court injunction to prevent the buyer from
                                                                     selling, transferring or otherwise disposing of the goods.
              Unless otherwise agreed upon, accepted orders will be carried out at the price
              and terms listed in the current price list. Confirmed orders with a delivery time   9. Notice of defect
              exceeding 6 months, or orders that are delayed due to circumstances which are
              beyond the control of the seller, will be carried out using the current sale prices of   The buyer must examine the Product within 8 days of receipt from the common
              the date of delivery.                              carrier for any lack of conformity and give written notice of any such lack of con-
                                                                 formity to the seller within an additional 8 days.
              Payment shall be effected in such currency as the price is expressed in the invoice.
                                                                 Should any non-conformity of the Product only be discoverable later, then the peri-
              In the event that the currency stated in the invoice differs from the order confir-  od for notification of the non-conformity shall commence upon discovery.
              mation the buyer is allowed to effect payment also in the currency stated in the
              order confirmation.                                 10. Responsibility for defect,  exclusion clauses
              5. Delivery / transport / packing / transfer of risk  Where any valid claim in respect of any goods which is based on any defect in the
                                                                 quality or condition of the goods or their failure to meet specification is notified
              The buyer bears the risk of transport, including when the seller has agreed to bear   to the seller in accordance with these conditions, the seller shall be entitled at
              all transport charges. Unless special transport terms have been agreed upon, the   the seller‘s sole discretion to either replace the goods free of charge or repair the
              method of transport will be at the discretion of the seller. A transport / marine   goods.
              insurance will only be included at the written request of the buyer. The buyer will
              bear the costs of this insurance. All prices are „ex-factory“ prices unless otherwise   If the attempts to repair or replacing have failed two times and if it is not reasona-
              agreed upon. All prices include the cost of packing.  ble to subject of the buyer to further attempts to repair or replacing, the buyer shall
                                                                 be entitled at the buyer‘s sole discreation to claim for a reduction of price or – in
              6. Delivery times                                  case of a fundamental breach of contract – for the cancellation of the contract.
              All quoted delivery times are based on careful planning and are constantly moni-  This rights of the buyer does not cover defects in or damages to the products which
              tored. They are, however, only estimated and can therefore deviate up to 4 weeks   are due to improper installation or maintenance, misuse, neclect or any cause other
              from the date that has been quoted in the contract. It is not a fundamental breach   than ordinary commercial application.
              of contract to deliver within 4 weeks after quoted delivery time. The buyer is not
              entitled to announce resignation or to claim for compansation (for damages).   Any liability of the seller shall be excluded unless it results from a fundamental
                                                                 breach of contract.
              If delivery is delayed more than 4 weeks after quoted delivery time the buyer is   Any liability of the seller not resulting from the contractual relationship with the
              entitled to announce resignation. In the event of resignation the seller shall pay to   buyer shall remain unaffected.
              the buyer a sum calculated at the rate of 10% of the contract price of the goods.
              Such sum shall be paid as liquidated and ascertained damages by the seller to the   11. Limitation
              buyer in full and final settlement and satisfaction of the seller‘s entire for any loss,
              damage, costs or expenses suffered or incurred by the buyer arising from such   The right to complain of defect products pursuant to item 10 is limited in time to
              circumstances.                                     twelf month after transfer of risks.
    
    
    
    
    
    
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