The version of the “General Terms and Conditions of Delivery of the ZVEI for Products and Services in the Electrical Industry” which is in force at the time in question in the current version of the ZVEI (www. zvei.org) shall apply as well as the following supplementary regulations of KAISER GmbH & Co.KG.
The place of performance shall be Schalksmühle and the place of jurisdiction Lüdenscheid.
1. Scope of deliveries or services
The written declarations of both parties shall carry equal weight in all matters relating to the scope of deliveries or services. If a contract has been concluded without such mutual declaration, either the written order confirmation from the supplier or service provider (hereinafter: supplier), shall be decisive. If such a document has not been issued, the written order from the purchaser shall be decisive. Supplementary agreements shall only be valid if confirmed in writing.
The gross prices are recommended retail prices in Euro and exclusive of sales tax. The prices for brass products are subject to certain variations that follow the respective DEL quotations. These prices are based on a DEL quotation of 150 Euro for brass MS 58. Changes to this quotation of more than 15 Euro (upwards or downwards) will be invoiced with a 5% surcharge or a 5% reduction. The basis for the calculation will be the DEL-quotation on the date the order is received on our premises. Our product range prices - without
taking into account any discounts or surcharges - can be found on www.kaiser-elektro.org/preise
3. Passing of risk
The risk shall pass to the purchaser, even when carriage freight paid delivery has been agreed:
1. When the delivery package has been brought to the shipping department or been collected, if assembly or mounting are not included in the delivery package. The goods shall be packaged with the utmost care. The goods shall be shipped in the manner deemed most appropriate by the supplier. At the request of the purchaser, the supplier shall insure the shipment against breakages and damage caused in transit or by fire.
2. Should the shipping, delivery, start or performance of installation or mounting be delayed at the request of the purchaser or for reasons for which he is responsible, the risk shall pass to the purchaser for the duration of the delay. However, the supplier shall be obliged to take out insurance cover if requested to do so by the purchaser. The costs for such cover shall be borne by the purchaser.
4. Retention of title
The goods shall remain the property of the supplier until the purchaser has satisfied all claims which the supplier can make on him under the terms of the business relationship. Prior to this time, pledging the goods or transfer by way of security shall be forbidden, and the goods may only be resold to the trade in the normal course of business subject to the proviso that the reseller receives payment from his customers. Any intervention costs shall be borne by the purchaser. If the combined value of the security interests of the supplier exceeds the value of all secured claims by more than 20%, the supplier shall release a corresponding portion of the security rights if so requested by the purchaser. Should the purchaser breach the contract (in particular if it defaults on payment), the supplier shall be entitled to take back the goods under his ownership or, if necessary, enforce assignment or claims for return against third parties. All costs arising from the return and recycling of the goods shall be borne by the purchaser. Should the supplier take back goods to which he still retains ownership rights, this shall not be interpreted as terminating the contract. Should external warehousing facilities be used for goods from the supplier to which the supplier still retains ownership rights, the supplier must be informed of this. In such cases, the purchaser must conclude an individual agreement with the warehouse company in order to ensure that no liens will be executed on the goods to which the supplier still retains ownership rights. When such goods are delivered, the warehouse company must be informed in writing that the goods in question are the property of the supplier and are only being stored with the warehouse company on the proviso that it does not acquire a lien on the goods.
5. Terms of payment
1. Payment is to be made in Euros and free of transaction charges to the designated account of the supplier.
2. The purchaser may only offset those claims that are uncontested or have been recognised by declaratory judgement. 3. Unless otherwise agreed, the purchaser shall have 30 days to effect net payment, with a 3% discount if payment is made within 10 days, both counted from the date the invoice is issued.
The prices shall apply for terms of delivery ex works for the acceptance of sealed shipping cartons for which no packaging costs are levied. If packing units are broken open, a surcharge of 5 EUR shall be levied per packing unit, irrespective of the value of the order. Orders for sealed delivery within the Federal Republic of Germany which have a net value of 800 EUR or more shall be delivered free to the purchaser‘s address. For small orders with a net order value less than 100 € we charge a processing fee of 25 € net.
Goods may only be returned in exceptional circumstances and must first be approved by us. If we are not notified in advance, returns will not be accepted by our distribution warehouse and shall be returned at the expense of the consignor. Please find our conditions on return at https://www.kaiser-elektro.de/en_DE/service/commercial-information/
1. Even if they exhibit minor defects, the delivery items must be accepted by the purchaser.
2. Part-deliveries are permitted.
9. Liability for defects
The supplier shall be liable for defects as follows (if the delivered goods do not exhibit the warranted characteristics, this shall also be deemed a defect):
1. If parts or services become unserviceable or if their serviceability becomes seriously impaired within 12 months (regardless of the operation period) of the day of the passing of the risk, and if such unserviceability is due to factors which date from a time prior to the passing of the risk (in particular faulty construction, poor quality material or faulty workmanship), the supplier must either repair or replace the parts or perform the services again free of charge. Should such defects be discovered, the supplier must be informed in writing without delay.
2. The purchaser must comply with his contractual obligations, in particular the agreed terms of payment. If a complaint in respect of defects is lodged, the purchaser may withhold payments to a value considered appropriate in light of said defects. If, however, the contract concerns the operation of trade, the purchaser may only withhold payment if there is absolutely no doubt as to the legitimacy of the complaint that has been lodged.
1. The issue of this catalogue renders all previous editions null and void.
2. This edition only contains KAISER standard product ranges. Special product ranges and developments on request.
3. KAISER catalogues in other languages are available on request.
4. We make every effort to ensure that technical advice given by us is correct. Such advice is given on a purely non-binding basis. The installer of electrical installation systems shall be responsible for the selection of suitable installation boxes, the materials for such boxes and performing installation in a safe manner.
>> Subject to technical changes. No liability for errors.
The current term and conditions of delivery and payment can be found on our website: www.kaiser-elektro.de
V1.0-20180212 / 2018-02-12