copyright TrennTek GmbH
Katalog 2017
8 - 9
(3)
The purchaser/ordering party shall retain the right to process and sell the reserved goods in an ordinary business
transaction as long as he or she is not in default. Pledging or security transfers are not permissible. In order to satisfy
security obligations, the purchaser/ordering party shall already transfer receivables stemming from the resale of reserved
property or other legal grounds (insurance, unlawful acts) relating to said property (including any and all balances from
current accounts) to us to the full extent. We shall hereby grant the purchaser/ordering party the revocable authorisation
to collect receivables transferred to us on our behalf in the purchaser/ordering party`s own name. This collection right
may only be revoked if the purchaser/ordering party does not fulfil their payment obligations in an orderly manner.
(4)
In the case of access of third parties to the reserved property, especially in the case of pledging, the purchaser/ordering
party shall make our ownership known and inform us immediately, so that we may assert our ownership rights. Insofar
as the third party is not able to reimburse us any judicial or extrajudicial costs resulting from this relationship, the
purchaser/ordering party shall be liable for these costs.
(5)
In the event that the purchaser should violate the contract especially with regard to default of payment we reserve
the right to withdraw from the contract and request return of the reserve goods.
§ 9 Payment
(1)
Insofar as not stipulated otherwise, our invoices are payable without a discount 30 days after issue. Despite any
contradictory conditions of the purchaser, we reserve the right to first credit payments towards older debts if we have
successfully informed the purchaser/ordering party of the type of charge effected. If costs and or interest charges have
already been accrued, we reserve the right to first credit payments towards said costs, then toward interest, and finally
toward the primary service.
(2)
Payment shall only be considered as effected once we have access to the funds. In the event of payment via cheque,
payment shall be considered effected when the cheque has been cashed.
(3)
If the purchaser/ordering party should default on payment, we reserve the right to charge interest in the amount of 8%
above the prime lending rate from the respective date forward as a lump-sum compensation amount. Such interest is to
be set at a lower rate if the purchaser/ordering party can demonstrate a lesser burden; proof of greater damage through
us shall be permissible.
(4)
If we should become aware of circumstances that bring into question the credit standing of the purchaser, especially if
he or she does not cash a check or if he or she ceases making payments, or if we become aware of other circumstances
that make the credit standing of the purchaser questionable, we shall reserve the right to make the total residual debt
due, even if the purchaser has accepted cheques. In such a case, we shall also reserve the right to request advance
payments or securities.
(5)
The purchaser/ordering party shall only have the right to offsetting, retention or reduction if the counterclaims have been
deemed legally valid or are undisputed, even if claims or counterclaims have been asserted. However, the purchaser/
ordering party shall also reserve the right to retention due to claims stemming from the same contractual relationship.
§ 10 Production Revisions
We reserve the right to undertake production revisions at any time; however, we are not obligated to undertake such
revisions to products already having been delivered.
§ 11 Liability
(1)
Damage claims shall be excluded, regardless of the type of breach of duty, including unlawful acts, unless deliberate or
grossly negligent acts have been committed. This especially applies to damage and/or breakage of the ordering party`s
own material that has been given to us for processing.
(2)
In the event that significant contractual obligations are violated, we shall be liable for any negligence up to an amount
equalling the estimated damage. Claims for lost profits, saved expenses, claims stemming from third parties as well
as other indirect or consequential damage may not be asserted unless a characteristic of state guaranteed by us is
explicitly intended to protect the purchaser/ordering party from such damage.
Allgemeine Geschäftsbedingungen - Englisch
General Terms and Conditions - English