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.

169

Current Page