KANN Maschinenbau GmbH

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Kann Maschinenbau GmbH
Appeljord 3
24357 Fleckeby

Tel.: +49 4354 - 306
Fax   +49 4354 - 8439
email: This email address is being protected from spambots. You need JavaScript enabled to view it.

managing directors: Thomas Kann, Christoph Kann

Commercial Register: HRB 18829 KI
Sales tax identification number according to. § 27a UStG:

 

General Terms and Conditions

1. Validity of the conditions

1, 1 we sells and exclusively supplies to following the terms of delivery and sales, which are to be put all our offers and all agreements at the basis. They are valid by placing of order or acceptance of our delivery as expressly agreed upon, even if they are not again expressly agreed upon. Deviations, in particular verbal special agreements, are valid only, if they are confirmed in writing by us.

 1.2 deviating conditions of the client are noncommittal for us. One contradicts to counter attestations of the client under reference to his business and/or purchasing conditions hereby. Deviations from our trading conditions become contents of the contract only if we recognized and confirmed them expressly in writing.

 1.3. All our offers are not-binding and noncommittal, it are, and those commitment by us are expressly in writing confirmed. Notifications of acceptance of the client as well as all orders and/or orders require our written confirmation to their legal force. Our written confirmation of order is exclusively relevant for the subject-matter of the contract. This is valid also for additions, alterations and for all other special agreements. Designs, illustrations, measures, weights or other performance data like also the warranty of characteristics are obligatory on us only if this is agreed upon expressly in writing.

2. Delivery and achievement time of

 2, 1 dates of delivery or times for delivery, which can be agreed upon both obligatorily and without obligation, require writing to their effectiveness. An agreed upon time for delivery does not begin on the day, at the agreement over the order between us and the client is present in writing, however before teaching from the client to procuring documents, approval, releases as well as before entrance of a pre-payment agreed upon if necessary. In case of additional contract modifications an originally agreed upon date of delivery is not valid any longer; then a new date of delivery or a new time for delivery must be agreed upon.

 2.2. The time for delivery is kept, if up to its expiration the delivery article left the work or the order the ready for dispatch shank were communicated. Partial deliveries and subservices are at any time permitted us and can be computed by us immediately.

2.3 supply and achievement delays due to higher force and due to events, us the delivery substantially make more difficult or make impossible - to it belongs in particular strike, lockout, official arrangements etc., even if they enter with our suppliers or their second sources -, have we also with obligatorily agreed upon eking out and dates not to represent. They entitle us, the delivery, to postpone and/or achievement around the duration of the handicap plus an appropriate starting time or not withdraw because of yet the fulfilled part totally or partly from the contract. If the delivery time extends or if we become free from our obligations, then the client can deduce from this no requirements for compensation against us.

 2.4 with delay or from us to representing impossibility of the achievement is limited the rights of the client to withdraw according to the legal regulations from the contract.

 2.5 equipment of the clients longer than 10 working days in default of acceptance, then we are entitled to the cancellation of the contract without further demand. In addition we are entitled to make apart from the remuneration of the transportation and additional expenses as well as subject to large requirements for compensation a lump sum requirement for compensation of 30% of the commodity value valid it is the client furnishes the proof that a damage did not develop at all or substantially lower than the lump sum.

2.6 construction and development-conditioned changes and deviations of the delivery article we reserve ourselves expressly, if these changes basic kind are not and the stipulated purpose is not impaired. We are not committed however to make such changes also on to products already delivered.

 2.7 The documents such as illustrations, designs, weight and information of measure, belonging to our offer, is only approximately determining, as far as they are of us not expressly obligatorily called. This is valid also for other technical specification and descriptions of the delivery article. Deviations from measure, weight and quality are permissible after the German industrial standards and/or the valid exercises in each case.

2.8 When assembling the client has to ensure that the assembly without interruption can immediately begin the necessary preparations at the agreed upon time and is already met.

3. Shipping, packing and passage of the risk

3, 1 the commodity is dispatched as agreed or the client to this when desired, then the danger of the coincidental fall and the coincidental degradation of the commodity turns into on the client independently of the fact with the distribution at our shipping-assigned, at the latest however with the leaving of the work or the camp that shipping from the place of delivery takes place and who carries the freight charges. If the commodity is ready for dispatch and delays themselves if shipping or the decrease for reasons, which we do not have to represent, then the danger with the entrance of the announcement the ready for dispatch shank turns into on the client.

3.2 We causes shipping and packing after best own discretion, is not responsible however not for lowest-priced packing and transporting. As proof of perfect packing the unopposed acceptance of the commodity is sufficient by the carrier, carrier or sender. One-way packaging is low-priced computed and is not taken back.

3.3 ready for dispatch announced commodity must be called up immediately, otherwise one we are entitled to store and then ex-factory supplied compute it at the expense and danger of the client after own discretion.

3.4 with supply contracts with sequential distribution is to be given up us calls and appropriate sort organization for approximately same monthly quantities. If the client does not divide in time or if it does not call up in time, then we are entitled to divide even and supply the commodity, or however after fruitless respite setting from the still backward part of the supply contract to withdraw or because of default validly make

4. liability in all cases, in which the supplier is obligated to the compensation or expenditure allowance deviating from the following conditions due to contractual or legal requirement bases, it clings to compensation it, its leading employee or executing aides resolution, rough negligence or an injury from lives, bodies or health to the load only, so far falls. The indebtedness-dependent liability remains untouched after the product liability law. Also the liability for the culpable injury of substantial contract obligations remains untouched; the liability is to that extent however limited except in the cases of the set of 1 to the foreseeable contract-typical damage. A change of the burden of proof for the disadvantage of the order is not connected with the managing regulations.

 5. Guarantee

5, 1 determining for quality and execution of the products are the samples, which are submitted to the order when desired from the supplier to the examination. The reference to technical standards serves the performance specification and is not as condition warranty to be understood. If the supplier the order outside of its contractual obligation he advised, is responsible

5.2 For the operability and the suitability of the delivery article only with express previous warranty.

5, 3 notices of defect are to be made immediately in writing valid. With hidden lack the reproach is to be raised immediately after statement. In both cases, as far as nothing else agrees, all requirements for lack fall under the statute of limitations twelve months after passage of the risk. So far the law in accordance with §§ 438 exp. 1 No. 2 BGB, 479 exp. 1 BGB and 634 A exp. 1 No. 2 BGB longer eking out compellingly prescribes, is valid these. The supplier carries

5.4 out with justified notice of defect after its choice supplementary performance by delivery of faultless thing or rework. If he comes this obligation within more appropriate does not respite or if a rework fails despite repetitive attempt, the order is entitled to reduce the purchase price or withdraw from the contract. Large requirements, in particular expenditure allowance or claims for damages because of lack or lack damages exist only in the context of the regulations made in the previous paragraph for liability. 5.5 only for the defense disproportionately large damage or with delay of the defect removal by the supplier the order is entitled to improve for previous communication of the supplier and to require but substitution of the appropriate costs.

5, 6 wear or wear to usual extent does not lead to warranty claims.

5, 7 requirements of the order because of the expenditures, in particular transportation, way, necessary for the purpose of the supplementary performance, work and material costs are impossible, as far as the expenditures increase, because the article of the delivery was later spent to another place than to the address of the customer, it are, the placing would correspond its intended consumption.

6. Prices

6, 1 orders, for which not expressly fixed prices are agreed upon, are computed to ours by day the delivery valid list prices.

6.2 so far with conclusion of a contract expressly of fixed prices is agreed upon, is valid, if between conclusion of a contract and agreed upon or actual date of delivery more than four months lie, ours then at present the delivery or supply of valid prices.

6.3 Our prices is valid for lack of special agreement ex-factory excluding packing. The respective legal value added tax is to be included separately. The prices understand themselves also with deliveries abroad exclusive in euros.

6.4 developed expenditures when assembling have us to our valid in each case assembly and release sets as well as expenses to replace on and departure costs separately.

7. Terms of payment

7, 1 payments are, if nothing else were agreed upon to carry out within 14 days after invoice date without any departures may be made.

7, 2 discount payment or other cash payment deductions must be and become separately agreed upon granted only if the client with other payments is not in delay.

7.3 We is justified to take into account despite contrary regulations of the client payments first on its older debt. Already if costs and interest arose, then we are entitled, which payment is valid first at the expense, then at the interest and on the main achievement to take into account last

7, 4 a payment only then as effected if we can have the amount. In case of cheques the payment is only then valid as effected if the cheque is redeemed and credited. We accept changes only due to special agreement as payment and under the condition that the discounting is possible for us with the state central bank. Exchange costs likewise letter of credit expenses go separately debited to the client.

7.5 equipment of the clients in delay, then we are entitled to require of the time concerned starting from interest at height of the legal rate of interest.

7.6 during disregard of the terms of payment or if us circumstances admits become, which question the credit-worthiness of the client, in particular if a cheque or a change of the client is not redeemed or the client stops his payments, or if us other circumstances become, which admits question the credit-worthiness of the client, then are entitled we to place the entire balance of debt from all demands without consideration for the running time taken change due even if we accepted cheques or changes. We are then in addition entitled to implement pending deliveries only against pre-payment or security to retain deliveries as well as after appropriate respite from the contract to withdraw or compensation because of default to require.

7.7 The client is entitled for the set-off, retention or reduction, even if notices of defect or counterclaims are made valid, only if these counterclaims are validly assessed or indisputable.

8. Retention of title of

8,1 up to the fulfillment all demands including all demands for balance from current account, which are entitled to us now or in the future from each argument against the client, the following collateral is granted to us, which we release on demands for our choice, as far as their value exceeds the demands effectively around more than 20%. The commodity supplied by us remains our property. Processing or reorganization takes place always for us as manufacturers, however without obligation for us. If our property expires by connection, then it is already now agreed upon that (with) the property of the client at the uniform thing turns into proportional value-moderately (invoice amount) on us. The client keeps our (with) property free. Commodity, at which property is entitled to us (with), is called in the following reservation commodity.

8.2 The client is justified to process and sell the reservation commodity in the normal course of business, as long as it is not in delay. Pledging’s or transfers by way of security are inadmissible. The client surrenders the demands including all demands for balance from current account, developing from resale or another argument concerning the reservation commodity, already now safeguard for the sake of to full extent to us. The client is revocable authorized by us to draw in the demands in the own name, surrendered to us. This collection authorization can be recalled by us, if the client does not follow his liabilities us opposite duly.

 8.3 With accesses third on the reservation commodity the client is obligated to refer to our property and inform us immediately.

8.4 with behavior contrary to the terms of the agreement of the client, in particular delay of payment, we are entitled to require the reservation commodity out or to require transfer of requirements for publication of the client if necessary approximately third. In the withdrawal as well as in seizing no cancellation of the contract is appropriate for the reservation commodity by us.

9. Copyright, secrecy

9, 1 at cost estimates, designs or other documents we reserve ourselves property and copyrights; they may be made not accessible third and are on demands, or if us the order is not given to return immediately.

9,2 of case is not expressly in writing something else agreed upon, are valid for us in connection with the placing of order submitted information of the client or third not as confidential.

10. Applicable right, place of delivery, area of jurisdiction

10, 1 for these trading conditions and the entire legal relations between us and the client is valid itself the right of the Federal Republic of Germany under exclusion of the convention of the United Nations over contracts over the international goods purchase (CISG)

10, 2 place of delivery for all obligations from the contractual relation is Kiel

10, 3 so far the contracting party full merchant in the sense of the HGB is, is indirectly Kiel exclusive area of jurisdiction for all from the contractual relation disputes showing directly or. This is valid, even if the contracting party has its company headquarters abroad.