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I. Conditions for Sale and Delivery
1. For the deliveries of HEIZ CNC-Technik (“We”) the following General Conditions for Sale and Delivery are exclusively binding
2. Conditions for Purchasing and further conditions stated by the Customer are non-binding unless otherwise agreed in writing.
3. Offers surrendered by us are without obligation. A contract is only concluded by written order confirmation or by execution of the contract.
4. The order confirmation is binding for contents and volume of the order. In connection with the order confirmation, documents of supplier, such as illustrations, drawings, indications on weights, dimensions and performance data are to be deemed non-binding unless expressly stated as binding.
5. Deviations from these general sales conditions, supplementary agreements and side letters are only binding when explicitly confirmed by us. The same applies for deferred amendments and supplements to already concluded contracts for delivery.
6. With regards to the continuous technical further development and improvement of our products, we reserve the right to amend the statements made in our print-outs regarding design and execution, so long as the value of the offered products is not affected.
1. Valid prices for the delivery are the list prices at point of time of order confirmation.
2. The prices are to be understood ex stocks Geldern, packing excluded.
3. The transport packing will be charged at cost price. After effected delivery, the Customer sends back the packing at his expenses and we will care for the disposal. Should he refrain from doing so, the Customer is completely liable for the disposal in accordance with the regulations on packaging.
4. Separately as a lump sum payable are:
- the value added tax at the prevailing legal rate
- the packing costs
- the postage.
III. Delivery Time
1. Delivery data transferred to the Customer are target values only and are not binding, unless otherwise agreed in writing.
2. The delivery period starts with the date of the order confirmation made out by us. This term is complied with when the object of delivery is dispatched before end of time limit.
3. The time for delivery prolongs by the time the Customer needs for sending complete data and documentation to us necessary for execution of the order.
4. All agreed delivery times will not start prior to our receipt of the right and complete material in time by our sub-suppliers.
5. Delivery periods shall be reasonably extended if circumstances such as labour disturbances, in particular strikes and lockouts, or any other unforeseen events beyond our control occur, to the extent that can be proven that these events have materially influenced the manufacture or delivery of the goods. The same shall apply in case such circumstances affect our sub-contractors. We shall not be held liable for any delay, even if such circumstances occur during an already existing delay attributable to us. We shall promptly notify Customer about the onset of and the relief from such circumstances.
6. Partial deliveries are not allowed to be rejected by Customer.
IV. Delivery, despatch, passing of risk
1. We have the right for partial deliveries, unless otherwise explicitly stated differently. Partial deliveries are valid for payment duties, passing of risk and warranty duties as self-contained delivery.
2. Type of despatch, despatch type sequence and company being instructed to execute delivery will be determined by us, as long as Customer has not given explicit instructions.
3. The risk passes on to Customer as soon as the assignment with delivery goods leaves the works/ stocks of us. The same applies to despatch of own transport devices.
V. Replacement / Withdrawal
1. All shipments back to us have to be carriage paid. Any postages will not be reimbursed.
2. Replacements of delivery goods will generally be charged with a lump sum for depreciation of 20 % of the goods’ value, presumed the delivered goods have already been in use of the Customer.
3. After having opened the original wrapping, the Customer acknowledges the intellectual property rights of us as well as the warranty conditions. Original wrappings are all shrink-wrappings.
4. In case of denied acceptance of ordered goods (returned goods), we charge all fees incurred for postages as well as a handling fee of 10% of the goods’ value.
1. The invoice will be written on the same day as the Customer places the order.
2. Payments will normally be effected by cash on delivery or advance payment or in cash on pick-up.
3. We reserve the right to assign claims.
4. Presumed we have granted an extension of payment, a default of acceptance for longer than 12 working days on the Customer’s side, entitles us to charge interests of 3 % above the current discount rate. Additionally, we reserve the right to bring to bear the Customer a possibly damage resulting from this default of acceptance.
5. Bills of Exchange or cheques are only accepted after agreement and for settlement of transaction. Any banking fees, e.g. discount fees will be borne by the Customer. We refuse liability for submission in time.
6. In case of payment by instalments, the instalments have to be paid in due time, otherwise the outstanding amount will be due immediately. Irrespectively of different agreements, we are entitled to insist on immediate payment of all outstanding claims, should we get notice of a bill protest or note protest, a fail of payment in due time or other actual hint for an important deterioration of the Customer’s assets. Further more, we are entitled to insist on advance payment for all further goods having been ordered.
7. Summation with counterclaims which are not accepted by us and are not legally binding is excluded. This has been generally agreed for business transactions.
VII. Retention of Title
· VIII. Liabilities for other obligations and Duties
· IX. Other Liabilities
1. In all other cases, not having been defined under these conditions for sale and delivery, any and all damage claims from the Customer’s side are excluded, independent which legal basis they might have. This disclaimer of warranty is particularly valid in case of bad fulfilment and breach of pre-contractual and contractual side duties and is also valid for non-contractual liabilities, particularly for liabilities from forbidden acting and from product liability. This disclaimer of warranty stretches to our employees and auxiliary persons. This disclaimer of warranty is not valid in case of acting by intention, deliberate action and gross negligence or if assured features are missing.
X. Order cancellation and compensations due to not executed orders
1. We can withdraw from the contract, when we get notice of a suspension of payments, the opening of a file for bankruptcy or composition before bankruptcy, bill or note protests or other actual hints for important deterioration of the customer’s assets.
2. In case we withdraw from the contract or the order cannot be executed due to reasons for which the customer is responsible, the customer has to pay a compensation for our expenses and the lost profit a lump sum of 15 % of the order value. We reserve the right to claim a higher compensation, in case we can prove larger expenses.
The lump sum compensation can be reduced by that amount which the customer can prove that lower expenses or damages have occurred.
XI. Intellectual properties of the documents
1. Supplier reserves the copyright and property right for drawings, sketches, specifications, samples, cost estimates and other documents. Third party are not allowed to get access to them without Supplier’s explicit approval and have to be sent back to supplier including any and all copies immediately after demand by Supplier.
XII. Industrial Property Rights
1. Should software be a selectable unit component, the Customer acquires simple usage rights. The transferability of the usage rights as well as the making of a backup copy depends on the instructions of the sub-supplier in the individual case. Generally it is forbidden to make backup copies unless explicitly otherwise permitted. Further more, the customer has to respect any and all intellectual property rights on the goods. In case of reselling the goods, he has to transfer the usage right restrictions.
1. Customer in the sense of our conditions for Sale and Delivery is every person taking over our products, whether as purchaser or buyer.
XIV. Place of performance, Place of jurisdiction, partial ineffectualness, applicable law
1. The agreed place of performance for all contractual duties, including possibly warranty claims, is Geldern.
2. In business transactions with business men, being not tradesmen in accordance with para. 4 German Commercial Code (Handelsgesetzbuch, HGB), and with a legal person (of public law), the agreed place of jurisdiction for all legal disputes resulting from the contract including bill and note protests will be Geldern. Supplier is also entitled to file suit at Customer’s principal place of business.
3. Should one of these Conditions of Sale be or become without effect, all other conditions stated herein will continue to be in force. Instead of this condition without effect, a condition being the nearest in the sense of it as to its economic purpose shall come into force.
4. In cross-border transactions German right is applicable. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.
Terms and conditions
Speedometer dial special fabrications/ small series
Tachofolien / Tachofolie kleben war gestern / white face gauges / fond fonds compteur witte wijzerplaten
HEIZ Tachodesign...........not simply, only differently
Dials, white face gauges, speedometer, speed dials, face plates, white face gauges, Opel Calibra, Astra F/G, Vectra A/B, Omega A/B, Lotus, Senator A/B, Corsa A/B/C, Agila, Tigra, Kadett C/D/E, Manta B, Ascona B/C, VW Golf 1/2/3/4, Corrado, G60, V6, VR6, 16V, Seat Ibiza, Cordoba, Leon, Toledo, Mazda MX 5, MX5, 323 BG, Xedos 6, Toyota Celica T20, T23, VVT, Miata, Renault R19, R5, GTE, GTI, GSI, GSE, Clio, Williams, Phase 1/2, Peugeot 206, XS, 106, 306, Mercedes E-Klasse, C-Klasse, SL, R129, SLK, W124, W140, W210, W202, W201, 190er, Porsche 968, 944, 986, 996, Boxster, Boxter, 944, S2, Turbo, 323F, 323, BG, MX6, BMW, Diesel, Z3, E30, 3er, 5er, 7er, E36, E46, E38, E39, E34, E32, M3, M5, X5, X7, Porsche 944 Turbo, 968 Tiptronic, Audi 80, 90, 100, Typ 89, B3, B4, Audi A6, S6, C4, A4, S4. S3, S2, TT, D11, V8, Honda CRX, EH6, EG2, ED9, ED 9, Del Sol, Ford Focus, RS, ST170, Ecsort, Fiesta GFJ, C, Mondeo GBP, MK1, MK2, MK3, LX, GLX, Probe, Cougar, Smart , Motorräder, K1200 RS, K1200RS, Goldwing, uva.-/
last update 30.10.11
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