General Terms & Conditions
1. Valid area- Part of contract Serv-Clip USA, LLC (in the following only Serv-Clip) always delivers on the basis of the following regulations, which are valid in the following order: 1.1 individual, written agreement with the contracting parties; 1.2 Serv-Clip - delivery and payment conditions as written down in this price list; 1.3 International trade: deliveries are effected on the basis of the current INCOTERMS(R). 1.4 The „General conditions of ZVEI for products and services of the machine construction and electrical industry“ (current version). Serv-Clip - delivery and payment conditions are also valid for all future business with contracting parties.2. Prices and delivery Prices: Our prices are quoted ex works plus VAT for deliveries within Germany. Deliveries within the EU (Intra commerce) are only delivered VAT-free, if the valid sales tax identification number is presented with order. Our return delivery and payment conditions are valid. The prices of this price list are valid until a new price list is publicated. Errors excepted. 2.1 Redelivery of products Replacement deliveries are always charged. We refuse receipt of unfranked deliveries. Redeliveries without fault report, copy of invoice and delivery note as well as a legally valid signature cannot be dealt with. 3. Conditions of payment If no other terms of payment are agreed, all our invoices have to be settled within 30 days net from date of invoice or information that the goods are ready to dispatch. Settlement can be effected cash or by bank transfer without any deduction. If there is no other information, the date of invoice is also date of delivery. We reserve the right to only supply new customers in Germany against cash on delivery or bank withdrawal. In case that you authorize us to debit the invoice amount to your account (only possible in Germany,), we debit the invoice amount with a 2% discount 14 days from date of invoice to your account. The payments are settled with the oldest invoice. Letter of credits are only accepted for payment and only against reimbursement of the discount and bank fees, credit notes for L/C are only valid for cashing. Charging and keeping back are only allowed for that demands of Serv-Clip contracting parties, which are accepted by Serv-Clip in a written or legally valid form. In case of default, Serv-Clip will charge interests of 4% above the annual minimum lending of the Deutsche Bundesbank. Serv-Clip reserve the right to inform the credit insurance about the default. 4. Liability for faults The contracting party can only ask for liability if they had properly fulfilled their owed verification and rebuke obligations according to §§ 377, 378 HGB. Period of liability is 24 months from delivery date according to the General Conditions of the ZVEI. Further claims of the contracting party for resultant damages, mounting costs and lost gain are generally excluded. 5. Retention of title The retention of title follows the “General conditions for products and services of the machine construction and electrical industry“ (valid version at time of contract), as well as the additional clause “extended retention of title“ dated June 1999. In case of non-compliance with the conditions of payment or of circumstances which diminish the creditworthy of the contracting party or the responsible persons, Serv-Clip is at any time entitled to visit the stock of the contracting party and to take the Serv-Clip-products out of the stock against taking into account the value of utilization and to guarantee the products in an adequate form on cost of the contracting party as well as to forbid the resale of the products based on retention of title and to demand the announcement of the credit businesses. 6. Applicable law Only German law is applicable on this contract - with the exception of the UN-sales rights. 7. Written form Changes or supplements to this contract and to these clauses must be made in a written form. 8. Other agreements According to § 26 BDSG Serv-Clip informs, that the data of the contracting party, as far as necessary, are stored in the data processing system. If one or more regulations of this contract are invalid, the effectiveness of the total contract is not affected. The parties are obliged to substitute ineffective regulations by economically useful regulations. Please note: Our products are in accordance with the current relevant prescriptions of the Federal Republic of Germany and the European Union for protection of the environment and health. Appliances which are not produced by Serv-Clip can only be disposed against payment. Our data sheets and price list are printed on chlorine free paper. Because of permanent technical innovations we reserve the right not to publish every modification immediately.
(Level: 01/ 2010)