Knaack & Jahn schiffbau GmbH
These conditions apply exclusively for all transactions with traders, corporate bodies in public law, public sector special funds as well as other industrial buyers and entrepreneurs. Deviating or supplementary conditions of the purchaser are only binding where these have been confirmed in writing by K&J.
The documents that belong to the quotation, such as pictures, drawings, weight and dimensional details are only approximately applicable, insofar as these are not expressly stated to be binding. K&J retains the ownership and copyright on quotations, drawings and other documents; these may only be made available to third parties with the express permission of K&J.
II. scope of delivery
The written confirmation of order from K&J applies for the scope of delivery. Ancillary
agreements and alterations are subject to the written confirmation of K&J.
III. prices and payment
1. Prices are quoted exclusive of VAT. This will be charged separately in the invoice at
the applicable rate according to the pertinent tax regulations.
2. Where nothing to the contrary is agreed in writing, the prices are quoted ex works,
3. Invoices become due for payment without deduction, upon receipt. The date of receipt of the payment at K&J is decisive for the timely nature of the payment.
4. A right of retention by the purchaser is excluded, insofar as this is not based on the
same contractual relationship, as well as where the offset is being made against disputed or not yet legally determined claims.
K&J is entitled to avert the exercising of a right of retention by providing a security deposit, as well as by a surety.
IV. Delivery time
1. Delivery deadlines are only binding, where these have been expressly confirmed as binding by K&J.
2. The delivery deadline starts upon sending the confirmation of order, however not before the purchaser has provided the required documents, permits, approvals as well as receipt of the agreed down payment.
3. The delivery deadlines are complied with, where the delivery item has left the factory within the period or K&J has given notice of readiness for shipment.
4. The delivery deadline is suitably extended in the event of labour disputes, in particular strikes and lockouts, as well as where unforeseen hindrances arise that
are beyond the control of K&J, as well as those hindrances that have a considerable effect on the completion or delivery of the delivery item. This also applies where the circumstances arise at subcontractors. K&J shall not be responsible for the above defined circumstances if they occur during existing cases of
default. K&J will notify the purchaser as soon as possible of the start and end of such hindrances.
5. The purchaser must fulfil its contractual obligations in order for the delivery deadline to be met.
V. transfer of risk and acceptance
1. The risk (transportation and remuneration risk) passes at the latest upon shipment of the delivery items to the purchaser, even where partial deliveries are made or where K&J has taken on other services, e.g. the shipping costs or transportation and installation. At the request of the purchaser, the shipment will be insured by K&J at the expense of the purchaser, against theft, breakage, transportation, fire and water damage as well as other insurable risks.
2. Where shipment is delayed due to circumstances within the control of the purchaser, or where shipment takes place at the request of the purchaser at a later
date to that agreed, then the risk passes to the purchaser on the day of notification of readiness for dispatch, however K&J is obliged to take out the insurance policies requested by the purchaser, at the expense of the purchaser.
3. Delivered items are to be accepted by the purchaser, irrespective of the rights from Section VII., even where they have minor defects.
Vl. reservation of title
1. K&J retains ownership of the delivered item until K&J has received all payments due under the delivery contract.
2. The purchaser may not pledge nor transfer as security the delivery item until K&J has received all payments due under the delivery contract. The purchaser must immediately notify K&J in the event of levies of execution as well as seizure or other disposals by a third party.
3. Where the purchaser acts in breach of contract, in particular in case of default in payments, K&J is entitled to take back the delivery item after issuing a reminder and the purchaser is obliged to hand over the delivery item.