Christoph Thibol Zerspanungstechnik

Imprint

CT Zerspanungstechnik GmbH
Daimlerstraße 5
D-54634 Bitburg

Phone: 06561 - 948 8717
Telefax: 06561 - 948 8718
Mobile: 0171 - 5279179

E-Mail: info@ct-zerspanungstechnik.de

Registration

Registration court: Amtsgericht Wittlich
Registration No.: HRB 43399

Liability exclusion:

CT Zerspanungstechnik GmbH constantly examines and updates the information on this website. Despite all due care and attention, we can not guarantee that the data has not changed recently. Therefore, we reserve the right not to incur liability or warranty for the topicality, the correctness and the completeness of the provided information.

Furthermore, CT Zerspanungstechnik GmbH retains the right to change or extend parts of the page or the complete publication including all information provided. 
The content and the structure of this website are protected by copyright. Copying any information or data, especially using texts, extracts or pictorial material from this website needs the prior consent by CT Zerspanungstechnik GmbH.

CT Zerspanungstechnik GmbH does not accept responsibility for any contents linked or referred to from their website. CT Zerspanungstechnik GmbH explicitly disclaims any contents that might result in criminal or liability charges and those that violate common mores.

Copyright:

CT Zerspanungstechnik GmbH allows copying texts or pictorial material to data stocks that are restricted to private use only. Any duplication or use of the data from this website for other purposes is not permitted without the company’s written consent.

Data protection:

This website does not use permanent cookies. Statistical data on the use of this website will be collected anonymised.

The input of personal or professional data (E-mail addresses, names, addresses, etc.) is a voluntary decision on the part of the user. This data is treated as confidential and is not passed on to third parties.

It is inhibited for third parties to use any contact details such as addresses, phone and fax numbers as well as e-mail addresses published in this imprint or comparable publications in order to send information that was not explicitly requested. We reserve the right to take legal action in case of violation.

Conditions of delivery and sale

1. Scope of delivery

1.1 All contracts and deliveries (and services) are subject to the following conditions unless deviations have been agreed-upon in written form.

1.2 All offers are subject to change unless other agreements have been made.

1.3 The obligation of delivery only comes into effect after the order was accepted in a written confirmation which comprises the binding, mutual contractual obligations. Telegraphic, telephonic and oral additions, changes and subsidiary agreements require a written confirmation by the supplier.

1.4 Documents belonging to the offer such as illustrations, drawings and indications of weight are the typical approximate values of the industry unless they are explicitly qualified as being binding. Any such documents are property of the supplier who reserves the copy right; it is not permitted to make these documents accessible to third parties. On demand or in case the order is not placed with the company, the documents have to be returned without delay.

1.5 Quality samples are only provided on request and will be charged separately.

1.6 The supplier is not liable for errors that result from the documents submitted by the buyer.

1.7 In case the supplier’s legitimate claim to receive payment is endangered after the contract conclusion, he is entitled to demand advance payment or sufficient security and to refuse his services until his claims are fulfilled or at his discretion, to make use of rescission of the contract.

2. Prices

2.1 All orders are charged according to the prices agreed-upon in the offer and the contract. Deliveries whose prices have explicitly not been determined in the agreement are charged according to the prices applicable on the day of delivery.

2.2 Prices are valid ex factory and do not comprise packaging unless agreed-upon otherwise. The prices are only valid for the amount ordered and only for the services included in the offer and the contract. In case the delivery comprises drawings, samples, adapters or gauges that were not included in the offer and the contract and that require more intensive processing than assumed in the offer and the contract, the supplier reserve the right to increase the price.

3. Terms and conditions of payment

3.1 All invoices are due within 30 days of the invoice date without deductions, payments within 10 days are remunerated with a 2% discount.

3.2 Invoices are due free of transaction charges to the seller’s designated accounts. The retention of payments on account of counterclaims that have not been approved by the seller is not permitted. Set-off is only permissible if special agreements have been made.

4. Delivery

Delivery is always done at buyer’s risk, even if delivery with carriage paid has been agreed-upon. Delivery is made to the best discretion but liability for the cheapest shipping type is not accepted unless special instructions have been given.

5. Packaging

5.1 Paperboard packaging is charged at cost and is not taken back.

6. Delivery period

6.1 All indications of delivery periods are approximate and not binding unless exact delivery dates have been agreed-upon. Claims for damage for exceeding non-binding delivery periods are precluded.

6.2 The term of delivery begins on the day of the written agreement on an order. Its keeping is linked to the punctual receipt of all documents and necessary licenses that need to be provided by the buyer as well as to the keeping of the agreed-upon obligations. Failing this the delivery term is adequately extended. Likewise in case of an obstruction that the supplier is not able to compensate for and that he has to indicate as soon as possible. The term of delivery is considered as being kept when the shipment left the site of the supplier.

7. Acceptance period

The supplier grants a period of 6 months for call orders that starts on the day of order unless other agreements have been made. If this deadline is exceeded the supplier, at his discretion, reserves the right to charge the buyer for the products.

8. Acceptance obligation

If the buyer desires the production to be stopped or interrupted, the supplier in any case has the right to charge the buyer for the complete assumption of costs of tools, material and work force spent up to the stop or interruption of production. The supplier also has the right to charge the buyer for claims of damage in case the acceptance obligation is not met.

9. Other influences and force majeure

Occurrences of force majeure including war and mobilisation entitle the supplier to renounce the complete contract or parts thereof. The same is true for operating disruptions that are due to a lack in supply of raw materials, machinery breakdown, suspension transportation via HGV as well as railway etc. These occurrences also absolve the supplier from payments of any claims of damage.

10. Scope of delivery

The keeping of exact quantities is not possible in manufacture; in any case delivery of plus or minus 10% of the ordered amount is permissible.

11. Versions

The versions of the ordered products are commercial versions as far as mass products are concerned. Unless the request, the order or the provided drawings contain indications concerning the surface conditions, dimensional accuracy etc., the regulations of DIN 267, Ausführung m (medium) are assumed to be agreed-upon. The delivery is carried out in correspondence to the valid DIN standards for threaded and formed parts. Special demands concerning exact dimension stability have to be indicated in the order and to be agreed-upon.

12. Liability for defects

Regardless of the regulations of § 377 BGB (German Civil Code), notices of defect can only be accepted within 5 days of reception of the products, complaints of the amount can only be accepted if they are made immediately after the reception of the shipment. In case of defects in the delivered products that are provably the supplier’s fault, the supplier, at his discretion, replaces the products or provides a credit note. Any more extensive claims are explicitly denied.

Notices of defect have to be indicated in writing within 5 days of reception of the products and before the processing or use of the products if they exceed the inspection and the testing thereof. Defects that are not ascertainable within this period by the help of careful examination have to be indicated immediately after the possible discovery that has to be accompanied by an immediate stop of processing or use; those defects however have to be indicated within 1 month of reception of the products at the latest. We do not incur liability for defects that are due to defective bulk material that can not be detected as being defective while being processed by us. At our discretion, we can replace the defective products or eliminate the defect. Multiple improvements, usually two of them, are permissible within an adequate period.

Claims of damage based on positive violation of contractual duty, faults when the contract is concluded and tortious acts that are not simultaneously issues of a violation of the contractual principal obligation on our part are precluded against ourselves as well as against our vicarious agents unless the defect has been caused with intent or through gross negligence. Claims of damage as defined in the Gesetz über die Haftung für fehlerhafte Produkte (PrdHG; German product liability law) remain unaffected as does the liability for damages of life, body and health. Any other claims are precluded.

Liability for contract manufacture is only accepted to the extent of the wage cost offered by us but does not cover the costs for the material and other expenses.

13. Partial deliveries

13.1 Partial deliveries are permitted.

13.2 Any partial delivery absolutely needs to be checked immediately and possible complaints are to be indicated immediately (via telephone or telegraph) as production generally continues. Failing this the partial delivery is considered to be a selection sample and thus decisive for the further versions of the order. Complaining about a partial delivery does not induce any rights concerning the other subsets on the part of the buyer.

14. Proprietary rights

14.1 The delivered products remain property of the supplier until the complete purchase price and claims from other, earlier deliveries have been paid. In case an account current exists, the products remain property of the supplier until the total claim has been paid off. Letters of acceptance, bills of exchange and cheques are only valid as cash payment after their encashment. Payments will be deducted from the oldest outstanding payment unless other agreements have been made.

14.2 a) The buyer functioning as a distributor is entitled to realienate the ordered products within the framework of ordinary business transactions and before the occurrence of the default, e.g. the buyer thus is no longer entitled to do so in the event of insolvency, particularly after cessation of payment.

b) The same regulations apply to the processing or combination of the goods subject to reservation and to the realienation of the thus created new product which the buyer is entitled to in case the goods subject to reservation were delivered for that purpose.

14.3 Other decrees exceeding the above mentioned such as pledging or security transfer are only permitted if the supplier has given his written consent. If the goods subject to reservation are seized, the buyer is obliged to inform the supplier without delay including the transmission of a transcription of the bailiff’s return. The same applies to particular impairments to the rights of the supplier through third parties. Any interventions need to be conducted on the expense of the buyer.

14.4 If the buyer functioning as a distributor alienates goods subject to reservation on credit, he thereby already transfers his future claims against his own buyer to the supplier and commits himself to agree on a reservation of ownership that guarantees the rights of the supplier. The buyer has to inform the supplier of it and if demanded he has to submit a declaration of assignment in duplicate.

14.5 In the cases described in number 14.2 b) the following applies:

a)The supplier gains co-ownership of the new business in the proportion that corresponds to the value that his delivery contributed to the total value of the new business.

b) If the buyer alienates the new business on credit, he thereby already transfers his future claims against his own buyer to the supplier and he does so in the corresponding value ratio that will be assessed at the time of the alienation.

c) In this case the buyer commits himself to protect the acquired co-ownership according to number a) in its proportion corresponding to number b) by means of his own reservation of ownership.

15. Exclusion of over-collateralisation

The assigned claims serve the protection of the supplier but only to the amount of the value of the respective delivery items that are still issue of the reservation of ownership. In case this value is exceeded, the supplier commits himself to reassign the assigned claims on demand of the buyer.

16. Transferability of the contract

The mutual contractual rights can only be transferred with reciprocal consent.

17. Applicable law, fulfilment and place of jurisdiction

These terms and conditions and all of the legal relationships between us and the buyer are subject to the law of the Federal Republic of Germany. The place of fulfilment for all of the obligations of the contract – including cheques – and acceptance liabilities – shall be Lasel.
At our discretion, the sole place of jurisdiction regardless of the amount in dispute, also for claims from cheque and acceptance, is the Amtsgericht Bitburg (lower regional court in Bitburg) or the Landgericht Trier (district court in Trier).

18. Validity and terms and conditions

If any of the regulations of these terms and conditions are completely or partially not legally valid or practicable or will lose their legal validity or practicability later on, this hereby does not affect any of the other regulations. Instead of the void regulations an appropriate regulation will apply that as far as legally possible comes closest to what the seller would have wanted according to the spirit and purpose of these terms and conditions.

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Daimlerstraße 5 • D-54634 Bitburg
Phone: 06561 - 948 8717 • Fax: 06561 - 948 8718 • E-Mail: info@ct-zerspanungstechnik.de