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General Terms and Conditions


GENERAL

AKM Maschinenbau GmbH’s general terms and conditions shall apply for all quotes, contracts and services.

Differently worded or otherwise differing conditions shall only apply insofar as their validity has been expressly confirmed by us in writing.

DELIVERY TERMS

All goods are loaded onto lorries and are delivered excluding packaging and insurance (EXW in accordance with INCOTERMS 2000) from the factory of AKM Maschinenbau GmbH - Seligenstadt works.


PRICE FIXING

All quotes are non-binding and valid for three months. Following this period, we reserve the right to effect price or technical adjustments. Taxes or other fees that may be charged by the authorities of the recipient country are not reflected in the quote (only applies to deliveries abroad). All prices are stated without applicable value added tax. Additional costs charged by the client at any point are invoiced for separately.


DELIVERY DEADLINE

The delivery deadline is determined through a written agreement between both contractual parties and begins upon receipt of the written order from the client and the clarification of the order. Compliance with the delivery deadline requires the prompt receipt of the agreed performance by the customer, such as drawings, approvals, parts etc. and advance payment. Should these not be provided on time, the delivery period shall be extended accordingly. Should non-observance of the deadlines be as a result of force majeure, the deadlines shall also be extended accordingly. The delivery deadline is regarded as having been complied with should the delivery object be reported as being ready for dispatch by said deadline.


PAYMENTS AND COMPLAINTS

All agreed payments are to be made net via transfer (within ten days net, unless otherwise agreed) to our paying agent. The final payment is to be made following commissioning, but not later than thirty days following delivery. In the event of an order or delivery of the system offered, this shall remain the property of AKM Maschinenbau GmbH, Seligenstadt, until full payment has been made. The extended reservation of title (additional clause: expanded reservation of title) shall apply. Should payments be made late or subject to a severe delay, legal provisions shall apply. Should the customer’s financial situation suffer a significant deterioration in assets following the conclusion of the contract or should we become aware of circumstances that may jeopardise the remaining payments, we are entitled to refuse to comply with some of our contractual performance obligations until such time as the customer has satisfied its contractual obligations. An application to initiate insolvency proceedings shall entitle AKM to withdraw from the contract and to demand the immediate surrender of the delivered object. In the event of conduct on the part of the customer that is in breach of contract, AKM shall be entitled to repossess the delivery object after a reminder and the customer shall be obligated to return it. Complaints are to be made in writing, in principle. Remaining payments withheld by the customer may only be in an appropriate proportion to the physical damage.

Should a complaint be unjustified, the supplier shall be entitled to charge the customer for the costs incurred.


CONFIDENTIALITY

We retain unlimited copyrights for the drawings and documentation handed over to the customer as part of the project execution. These documents may not be passed on to third parties without our express approval. The depictions of all primary components including the drawings of wear parts are included in the documentation; individual detailed drawings are generally only handed over to the customer subject to prior approval. Should a patentable process be developed during the execution of the project, the customer and supplier shall be entitled to apply for such patent jointly.


WARRANTIES AND OTHER CONDITIONS

The guarantee begins upon final acceptance, but no later than six weeks following readiness for dispatch being announced. The guarantee period amounts to 24 months in one-shift operation. No guarantee is provided for wear parts as well as for the improper use or operation of the delivery object. AKM does not assume any extended guarantee for any electric components and purchased parts; the warranty of the relevant supplier applies. Should technical assistance by AKM staff be inevitable during (or after) the warranty period, the AKM assembly technician shall be on site within a suitable period following the service being arranged, insofar as the defect cannot be rectified by the system operator’s personnel - supported by assistance via telephone from AKM.

This risk is transferred to the customer as soon as the delivery object has left our factory - this also applies for part deliveries.


LIABILITY

For damage that is not incurred to the delivery object itself, and for subsequent costs that arise through rectifications or exchanges, liability is excluded where legally permissible. We are liable for damage to objects and persons that is suffered by the client or third parties under our public liability insurance. Claims that have not been expressly granted, in particular claims for compensation due to impossibility, default or violation of ancillary contractual obligations (but not those that concern guaranteed properties) are excluded, unless our managers or other agents are at fault through intent or gross negligence.

The exclusion of liability shall not apply in the event that we, our managerial employees or agents violate major contractual obligations.

In the final case, our liability in the event of slight negligence is limited to the simple order value.


FINAL ACCEPTANCE

For deliveries for which the commissioning of the system is not carried out by AKM personnel, the system is regarded as conclusively accepted upon delivery. Should commissioning of the system by AKM personnel have been contractually agreed upon, the Client must provide final acceptance directly following completion, provided that no serious defects exist. Defects that do not impair the quality and quantity of the product manufactured on the system shall not entitle the customer to refuse final acceptance. Final acceptance takes place automatically upon the delivery object being used by the customer.


OTHER

Should sample parts not be provided by the end customer in good time, the delivery deadlines may be postponed. Notification to this effect is given by AKM. Any costs arising in connection with the sending of sample parts and orders shall be borne by the end customer. Delivery takes place from AKM’s premises. The technical and surface design of facilities and components of external companies used corresponds to standard manufacturer specifications, insofar as nothing to the contrary has been described. Before forwarding information, which AKM has made available to the end customer in writing or orally, to third parties, the approval of AKM is to be obtained if this information is not generally known. Upon the placing of the order, the end customer declares that it is prepared to provide all of the information required for the execution of the project on time.

The unloading of the system as well as the transport to the installation site is carried out by the customer, unless otherwise agreed. The lifting devices, including drivers, are to be made available to us free of charge. For the duration of assembly and commissioning, our service personnel are to be provided with washing and changing facilities. Foundation work and other atypical work are not part of our scope of services.


FINAL PROVISIONS

Should parts of these terms and conditions become ineffective as a result of a particular agreement, the remaining provisions shall nevertheless remaining binding. Amendments to individual points must be made in writing. German law applies exclusively. The place of performance and jurisdiction is our company headquarters in Seligenstadt.


(As of 01/06/2012.)





AKM_AGBs.pdf






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AGBs


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