General Terms and Conditions of Delivery and Payment of Ju Rrong Kraus office
- scope of application
The following terms of delivery and payment apply to all business relations with our domestic customers.
customers. The buyer recognizes them for the present contract and also for all future business as binding for him. Any deviating agreement requires our written confirmation. The buyer does not assert his own terms and conditions of purchase. These
do not become part of the contract by our silence or by our delivery. Delivery conditions for export on request.
All price quotations, including those in the order confirmation, are subject to change. Deliveries shall be made at the prices valid at the time of
at the time of delivery.
- delivery time
The buyer is aware that we are not the manufacturer of the goods offered by us. The stated delivery dates will be met as far as possible, but are not binding. In the case of goods in stock, we reserve the right of prior sale. In the event of a delay in delivery for which we are not responsible due to unforeseeable events, the delivery period shall be extended accordingly. Liability and compensation for damages due to delayed delivery are excluded.
- delivery and transfer of risk
Delivery and shipment shall be made for the account and at the risk of the purchaser. The risk is transferred to the buyer as soon as the goods have left our warehouse. Shipping and packaging costs will be calculated according to expenditure and invoiced to the buyer.
In the case of electronic and electromechanical components, we are entitled to deliver excess or short quantities, provided that only whole packaging units are delivered for reasons of quality or transport safety.
- placing of order
When placing an order, there is an obligation to take delivery.
Orders for standard products can be placed by telephone, in writing by fax/letter. Orders for customer-specific products must be placed in writing. For all customer-specific products as well as custom-made products on customer order, the respective minimum order quantities of the manufacturer apply.
For forward orders, a maximum term of 12 months after the order date and a minimum value of Euro 600,- net per delivery date apply.
We cannot accept call orders without a fixed delivery date.
- order cancellations, deadline postponements
Order cancellations from the purchaser for customer-specific products as well as for products which we procure exclusively on behalf of the purchaser will not be accepted. Cancellations for standard products from our stock program require our express written consent.
In general, cancellation of an order will incur a charge of 25% of the order value.
Individual agreements deviating from this regarding a compensation order are at the discretion of Ju Rong Kraus Office.
Postponements or suspensions of orders by the buyer are only accepted for deliveries within the maximum term of 12 months after the order date. After expiration of this term, we are entitled to deliver and invoice all remaining quantities.
Invoices (domestic) are to be paid net within 30 days(or as agreed) after the invoice date. Invoices (foreign countries) are to be paid either in advance
or promptly after receipt.
In the event that the payment deadline is exceeded, we reserve the right to charge interest on arrears in the amount of 5% above the respective discount rate of the Deutsche Bundesbank.
In the case of unknown customers or those whose creditworthiness is not known to us, delivery shall be made against advance payment or cash on delivery.
In the event of late payment or exceeding the credit limit, we also reserve the right to withhold deliveries of goods (i.e. credit hold) until all claims have been paid. Collection of goods is generally only after prior telephone agreement against cash payment. Bills of exchange and postdated checks will only be accepted after special prior written agreement. Bill of exchange tax as well as bank, discount and collection charges shall be borne by the purchaser.
If the purchaser fails to meet his payment obligations or if an application is made to open composition or bankruptcy proceedings against his assets or those of his legal representatives, the entire remaining debt plus all reminder costs, interest on arrears and legal costs shall become due for immediate payment. In these cases, we are entitled to declare withdrawal from all contracts and to take back goods already delivered from retention of title, as well as to demand reimbursement of all costs arising in causal connection with the withdrawal.
- retention of title
The goods remain the property of Ju Ron Kraus Office until full payment of the purchase price, including all reminder costs, interest on arrears and legal costs. Until full payment, the buyer may not pledge the goods subject to retention of title or assign them to third parties as security. If the buyer becomes aware that the goods delivered by us under retention of title are to be pledged or seized, the buyer is obliged to notify us immediately. The buyer may sell the goods in the normal course of business.
However, he already now assigns all claims to us as security for our total claim, without the need for a special declaration.
If the goods subject to retention of title are further processed, we shall acquire co-ownership of the newly created item in proportion to the partial value delivered by us.
The buyer is obliged to inspect the goods immediately upon receipt, complaints must be made in writing within 8 days of the invoice date. If not expressly agreed, minor deviations in designs customary in the trade as well as alternative make are no reason for complaint.
Returns require our prior consent and are to be sent to us together with the Ju Rong Kraus Office RMA application.
Since Ju Rong Kraus Office itself is not the manufacturer of the delivered goods, the warranty periods granted to us by the respective manufacturer apply in each case. In case of justified notice of defects and after approval of the manufacturer we usually provide
replacement delivery or issue a credit note.
Any further claims, in particular for damages, liability for consequential damages, rescission or reduction are expressly excluded.
The buyer is obliged to obtain at his own expense all licenses and export and import documents necessary for his use of the products. The refusal of an export license does not entitle the buyer to withdraw from the contract or to claim damages.
- place of performance, place of jurisdiction, effectiveness
1). Place of performance and jurisdiction are, if the client is a merchant,
legal entity under public law or a special fund under public law or if the
or has no general place of jurisdiction in Germany, for all disputes arising from the contractual relationship.
for all disputes arising from the contractual relationship, including proceedings involving checks, bills of exchange and documents. German law shall apply to the contractual relationship.
2). Any invalidity of one or more provisions shall not affect the validity of the remaining provisions shall not be affected.