Wiha Tools Product Catalogue 2012-2014 - Manual (Page 175)

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Wiha General Terms of trading.
Terms and conditions of sale, delivery and payment. Effective as of March 2007.
1. Validity. These terms and conditions
shall be binding in respect of all orders. Any
departures from them or secondary verbal
agreements shall be valid only if confirmed
by us in writing. We will not accept the
terms and conditions of the customer even
if we do not expressly refuse to accept
them. By placing his order the customer ac-
knowledges our terms and conditions.
Events beyond our reasonable control and
instances of force majeure shall release us
from commitments entered into.
2. Offers. All offers are made without obli-
gation. Our currently valid catalogues or
price lists form an integral part of our offers.
Samples are invariably supplied against
payment.
3. Orders. Orders shall not be deemed
accepted by us until we have confirmed
them in writing. This provision shall also
apply to orders taken by our representa-
tives. The acceptance of an order does not
place us under any obligation to accept
follow-on orders under the same condi-
tions.
4. Prices. Prices are quoted in Euros (€),
excluding value-added tax at the statutory
rate. Prices are quoted without obligation
and are applicable to delivery ex works, ex-
cluding packaging. If the agreed delivery
date is more than 6 weeks after the time the
purchase agreement is concluded, we re-
serve the right to make appropriate adjust-
ments to our prices due to general
increases in wage, material or marketing
costs or if higher rates of public taxes and
similar charges are imposed. All prices are
basic prices; in the event of resale by the
trade, however, they are non-binding target
prices and do not constitute a price recom-
mendation.
5. Delivery. All deliveries are made at the
risk of the consignee even if delivery is
agreed carriage paid to destination. Deliv-
eries shall be made for the account of the
con signee. We will effect delivery using the
method of shipment considered most suit-
able for the goods in question. For small or-
ders up to a net value of EUR 300.00, we
will invoice an administration and delivery
fee of EUR 6.00. Goods with a net value of
EUR 500.00 or more will be supplied to for-
eign customers free to the German border
or FOB German sea port, including pack-
aging. Deliveries of goods with a lower value
will be made ex works excluding packag-
ing. In the case of orders that do not con-
form to our packaging units we reserve the
right to deliver the goods in a manner com-
patible with our packaging units, otherwise
a surcharge of 10% will be charged.
6. Delivery lead time. As a general rule,
we deliver all articles listed in our catalogue
ex warehouse or within a few days. In all
other cases, we will state the anticipated
delivery lead time, which depends on our
workload; however, we shall not be bound
by the lead time quoted. If the lead time is
exceeded by us the customer may, to the
exclusion of all other claims, withdraw from
the contract upon the lapse of a reasonable
extension allowed by him. Partial deliveries
shall be permitted. If performance is de-
layed for reasons attributable to the cus-
tomer, we shall not be bound by our
delivery dates. If the customer does not
take remedial action immediately, we shall
be entitled to claim compensation for the
additional costs incurred by us or withdraw
from the contract after the lapse of a rea-
sonable extension.
7. Terms of payment. Our invoices are
payable within 10 days of the date of the in-
voice less 2% discount or net within 30
days from the invoice date. Invoices for
goods with a value of less than EUR 50.00
are due for payment immediately and with-
out any deductions. Payments by cheque,
bank transfers or cash payments made
against presentation of a bill made out by
us and accepted by the customer shall be
deemed to have been effected after the bill
has been honoured by the drawee thus dis-
charging us from any liability under the bill.
The agreed reservation of title shall remain
effective in our favour until the bill has been
collected.
8. Property rights. We reserve title and
copyright in illustrations, drawings and other
documentation.
9. Reservation of title.
9.1
All deliveries will be made with reser-
vation of title. The products delivered (re-
served goods) shall remain our property
until the customer has met all his obligations
arising from the contractual relationship with
us. The risk of loss of or damage to the re-
served goods shall be borne by the cus-
tomer, also during the period this
reservation of title is effective.
9.2
During the time this reservation of title
is effective the customer shall not be entitled
to pledge the reserved goods or to assign
them by way of security. The customer is
entitled to sell the goods owned by us (re-
served goods) in the normal course of busi-
ness. However, the customer already
cedes all accounts receivable from this re-
sale to us.
9.3
Processing or alteration of the re-
served goods is without obligation to us as
a manufacturer as per Section 950 of the
German Civil Code. If the reserved goods
are processed together with other objects,
we shall acquire a co-ownership in the new
object in the ratio of the current market
value of our goods to the value of the other
processed objects at the time of process-
ing. The customer will store the new object
for us with due care and attention free of
charge.
9.4
If the value of all security interests we
are entitled to exceeds the amount of all se-
cured claims by more than 20%, we will re-
lease a corresponding portion of the
security interests at the written request of
the customer.
9.5
The customer shall inform us without
delay in case of garnishments, confiscations
or other court orders or interventions by
third parties.
9.6
If the customer violates contractual
obligations, particularly if the customer is in
payment default, we shall be entitled, after
an appropriate deadline that we set for the
customer to make payment lapses without
success, to withdraw from the contract and
demand the return of our goods. The legal
provisions regarding the dispensability of
setting a deadline shall remain un affected.
The customer shall be obligated to surren-
der the goods.
10. Warranty for defects. The customer
shall be entitled to warranty claims under
fully commercial business transactions only
if he has discharged his obligations in re-
spect of examination and notification of de-
fects without delay and as prescribed by
Section 377 of the German Commercial
Code (HGB). Any defects in the purchased
goods for which we are responsible shall be
repaired or a replacement supplied, at our
discretion. The warranty refers to the con-
dition of the goods upon delivery. Subse-
quent damage due to normal aging, wear
or excessive use is not covered by the war-
ranty.
Liability for harm to life, limb and health due
to a culpable breach of obligations by us,
one of our legal representatives or one of
our agents shall neither be excluded nor
limited. We shall be liable for such harm on
the part of our contractual partner only if
said harm was due to an intentional or
grossly negligent breach of obligations by
us, one of our legal representatives or one
of our agents. If we caused the harm only
due to simple negligence, we shall be liable
only if the harm was due to a violation of key
contractual obligations, limited to the harm
that is reasonably foreseeable and typical
for this type of contract.
Further claims by the customer shall be ex-
cluded, irrespective of their legal grounds.
The exclusions of liability shall also apply in
all cases to consequential damage. The
above exclusions of liability to not apply to
claims based on the Product Liability Act.
11. Returns. Perfectly packaged goods
from the current catalogue which do not re-
quire any further processing will be credited
with a deduction of up to 20% of the
corresponding order value.
12. Dimensions and weights. The di-
mensions, drawings and illustrations con-
tained in offers, brochures, catalogues and
price lists shall not be binding and may be
modified by us without further notice. All di-
mensions are quoted in mm and all weights
in g.
13. Special manufacture. In the case of
special manufacture, we reserve the right to
deliver up to 10% more or less. Orders for
special products cannot be cancelled. The
same provision shall also apply to series
production articles if they were ordered with
a special symbol or special marking.
14. Place of performance and jurisdic-
tion. The place of performance for deliver-
ies and payments shall be
Schonach/Schwarzwald (Germany). All dis-
putes arising from the business relationship
shall be referred to the court under whose
jurisdiction Schonach falls.
Subject to technical changes.
All illustrations and graphics, speci-
fied dimensions and values and
references to standards, e.g. DIN/EN,
are non-binding. Any liability claims
based on this will therefore be rejec -
ted.
No liability claims will be accepted
for printing errors and mistakes
which have occurred during the
production of the catalogue.
All property rights to the catalogue
held by Wiha Werkzeuge GmbH are
reserved. The printing or copying of
the texts and illustrations contained
in this catalogue or its design is pro-
hibited.
Our General Terms and Conditions
(Terms of Sale, Delivery and Pay-
ment) apply.
TORX ® , TORX PLUS ® =
Registered Trademarks of ACUMENT
Global Technologies B.V.
ACR/AOT, Tri-Wing ® , Torq-Set ® =
Registered Trademarks of Phillips
Screw Company
Pozidriv = Registered Trademark of
European Industrial Services Ltd.
Reliability
Agreements are binding and we stick to them.
The reliability of our employees
The manufacture of quality products
involves putting not only the quality
and durability of the products to the
test, but the service associated with
the product also has to be just right.
Reliability is an important basis
that is further strengthened by the
conscientiousness and willingness of
our employees. For us, agreements
are binding and we stick to them.
You benefit from the expertise of our
competent, professional employees,
as well as from our specialisation.
We want to establish a relation ship
of trust with you in order to further
promote collaboration.
The reliability of our processes
Our manufacturing reliability
guarantees top quality. The ongoing
modernisation of manufacturing
processes enables us to meet
your demands. Our processes are
determined by structured and
consistent communication,
the ability to meet dead lines and
by dependable delivery dates.
Your enquiries are handled
individually and competently.
We take your deadlines seriously.
The reliability of our products
Whether you have questions about
our products or the appropriate
presentation, our office and field staff
are there for you.
For us, product training and edu cation
are all par for the couse. We’ll advise
you quickly and competently.
Reliability is no coincidence.
We only work with selected suppliers
in order to be able to offer you
optimum product quality.
We guarantee ongoing quality and
functional reliability, both today and
tomorrow.
Our products live up to expectations.
100% reliability
• Our reliability is a result of the
conscientiousness and willingness
of our employees.
• We keep our promises, and do so
with competence and reliability.
• We guarantee good value for
money.
• Expert advice and sales support
is the basic principle that enables
us to meet your requirements.
• We guarantee that we’ll keep to the
agreed dates and appointments,
and this does not just apply to the
delivery service for our products.
• Reliability is one of our basic prin-
ciples for ensuring our availability
for you.
We are an efficient, reliable partner.
Put us to the test…