Terms of Sales of the LaStro Engineering GmbH
Updated: April 2016
| A) Offers | |
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| Our offers are subject to change. Contracts and agreements in particular where they deviate from our conditions – are binding only with our written confirmation. The cost estimates, plans, drawings and other documents are delivered to the client before or after the contract, remain our exclusive property and copyright. The copying and passing on to third parties without our consent will cause a claim for compensation from our part. | |
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| B) Order Placement | |
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| Placement of an order is an automatic acknowledgement of these Terms of Sales even in the event that the customer refers to his Terms of Purchase. | |
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| C) Deliveries | |
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The delivery is affected on the basis of the prices and Terms of Sales valid at date of delivery. All deliveries are affected as quickly as possible with respect to current inventory and production possibilities. Claims made for loss of business due to late delivery are excluded as long as they are not based upon intention or negligence. Products are subject to continuous improvement. For installations for day work our enclosed conditions apply. In connection with our assembly necessary concreting, masonry and caulking works as well as free clearance of the installation site are the responsibilities of the customer. This work has to be done immediately on request by our site managers adapted to our workflow. Any additional costs due to unexpected delays in the construction works are in the responsibility of the customer. For welding constructions carried out on site, client must provide at his cost a fire guard. |
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| D) Packaging and Shipping | |
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| Prices from our price list are net but do not include sales tax and the costs of packaging. Customer is responsible for freight insurance. Visible damage upon receiving by the customer shall be noted by the customer on the receiving documents and claimed immediately with the freight forwarder. LaStro Engineering shall only buy insurance for the transport if customer purchases insurance from LaStro Engineering. | |
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| E) Retention of Title | |
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| All products remain our property until paid in full including possible further demands for payment for services rendered. In the meantime, products can be used and sold by the customer but not rendered as collateral under any circumstances. By receiving our deliveries and products, the customer assigns all rights of his receivables resulting from the sale of our products to LaStro Engineering until our invoices are paid in full. In case of the customer not paying our invoices or becoming insolvent for whatever reason we have the right to retract the merchandise without prior appointing a grace period or cancellation and may disclose and collect the claims assigned. | |
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| F) Decrease | |
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In case inspection in the factory is agreed this can only be done immediately after goods are ready for dispatch. Individual costs of acceptance are paid by buyer. Objective costs will be calculated separately if not specifically included in the price. Acceptance of construction site has to be done within a week after the reported completion. If the client has made the system or parts there of without decrease in use, the acceptance shall be deemed to have occurred. |
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| G) Payment Terms | |
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| Unless otherwise agreed, an amount of 30% of the total bill is due on conclusion of the contract and a further 50% after delivery. The remaining amount has to be net cash paid within the on the invoice specified payment deadline, but not later than 30 days after the invoice date. Deliveries with assembling services are due to pay after the assembly has been completed. Invoices for repair work and/or spare parts are due upon receipt. Late fees are charged with 5.5% interest above the European Central Bank Rate. We reserve the right to request pre–payment or COD. Other types of payment such as Bills–of–Exchange are only accepted after approval by LaStro Engineering – discount charges may apply and will be billed by LaStro Engineering to the customer. LaStro Engineering is not responsible for the timely presentation of the Bill–of–Exchange. Discount charges are payable upon receipt. Checks are only a valid payment after they clear our bank satisfactorily. In case credit notes are used to offset invoice amounts, discounts are only valid for remaining balances. | |
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| H) Return or Exchange of goods of final sales is excluded. | |
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| I) Claims and Warranty | |
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| Missing merchandise are to be claimed within 14 days of receipt with copy of the original packing slip. Damage claims have to be issued immediately upon receipt. In case of such damage claim, LaStro Engineering reserves the right to repair and/or exchange products before reducing price or cancelling the transaction. All technical products carry a warranty of one (1) year from date of purchase. This warranty covers only manufacturing and/or material defect. LaStro Engineering either repairs items with such defects or a new item will be sent in exchange. Claims shall be issued in writing with proof of purchase and description of the problem. Merchandise shall be sent to LaStro Engineering at customer's expense. No other claims can be validated. | |
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| J) Seizing and Termination of Business Relationship | |
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| These Terms of Sales bind our customers to | |
| 1. | inform us about a pending seizing of merchandise and/or bankruptcy proceedings |
| 2. | inform us about a possible sales of their business and/or closing of the business |
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| K) Data Gathering | |
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| We collect data from and about our customers necessary to conduct a proper business relationship. | |
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| L) Place of execution for all deliveries is our factory in Munich (Germany) | |
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| M) Applicable Law and Courts | |
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| All disputes resulting from business relationships with our customers are subject to applicable German Law with the place of court being the county court and/or the district court Munich (Germany). | |
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| These Terms of Sales replace any previous versions published by LaStro Engineering GmbH. | |
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