Article 1 General
1.1 These Terms of delivery and payment are applicable to all BSF products and offers, services and agreements.
1.2 Unless otherwise agreed in writing, the purchasing conditions can not be modified
Article 2 Special
2.1 All offers wil be accepted until the moment of confirmation and written obligation.
2.2 The supplier is not bound by those it has provided pictures, drawings, weight and size, prospectuses, price lists, catalogues and offers. The supplier data will be bound only, if agreed in writing.
2.3 The supplier reserves the property (patent, trademark) and copyright law with regard to those provided products (composition) and this data shoud not be used by third parties, unless inspected and written permission is given by the supplier.
Article 3 Establishment Agreement
3.1 The acceptance of the offer by the supplier should be made in writing, either through an order, either d.m.v. "accord" signed the written offer from the supplier.
3.2 Oral agreements and commitments are only valid if they are confirmed in writing immediately.
3.3 Changes and modifications made to general orders must be confirmed in writing
Article 4 Delivery
4.1 To proceed with the delivery written confirmation between both sides is needed.
BSF is entitled to make a change in the supply goods to implement, if it concerns a change in order to comply with applicable legal requirements.
The General Delivery is five (5) business days after receiving written order, unless otherwise agreed in writing.
4.2 The supplier is entitled to the supply in parts.Each supply is considered an independent value. If delivery takes place in parts, the supplier has the right to each invoice independently.
4.3 The Client is obliged to purchase the goods at the time that they are delivered to him, and has to be made available. If the goods that has to be delivered, and the client is not available, the client will have to run with the costs, including storage costs.
4.4 The storage of the goods by the supplier, does not affect the obligation of the client to pay the goods themselves within the Article 7 paragraph 1.
4.5 On the basis of (EU) government or under the clients own regulations, if additional quality services are required, they are by the supplier at a separate charge amount.
4.6 If the supplier is committed to the provision of technical - or other work, these activities strictly limited to the goods delivered by the supplier.
Article 5 Prize
5.1 The supplier prices are exworks in-factory including loading at the plant. The prices are exclusive of sales tax, packaging, insurance, transportation, import duties, surcharges and other delivery-related charges, unless otherwise agreed in writing.
5.2 All the supplier prices are fixed for a period of three months.At end of that period, the supplier is entitled to the agreed prices unilaterally change if the circumstances at the time of the conclusion of the agreement is amended.
Article 6 Delivery periods
6.1 The supplier delivery applies only approximate
6.2 The delivery will begin at the following times: * on the day of the creation of the agreement, * or once the client has the necessary documents, such as permits and other documents, and the supplier has accepted these, * the supplier or once the agreed (forward) payment of what the supply of products should be met, has been received.
6.3 The delivery is based on at the time of concluding the agreement in force (working) conditions, if due to the implementation of the work in time ordered materials not be delivered on time, delay or because the client is has not handed the documetation in time, or the delivery at his own request lengthens, the delivery extended if necessary. Any costs incurred by this action, such as storage,will be charged to the client
6.4 Unless serious misconduct on the part of the supplier, providing a crossing of the delivery to the client, he does not have the right dissolution of the agreement to be recovered.
6.5 The supplier accepts no to a cost overrun of the delivery-related penalty clause.
Article 7 Payment
7.1 The payment of goods are delivered directly to ever pick or delivery against cash payment.
Article 8 Risk and title
8.1 The sponsor bears the risk with regard to deliver goods from the time the goods to be delivered to the client are accepted.All direct and indirect damage that might arise then, is, except gross debt of the supplier, on behalf of client.
8.2 The ownership of goods passes to the client, if the client has fully satisfied all expenses, including interest and costs, , or is sufficiently secured.
8.3 If reasonable doubt exists as the clients capacity for payment, the supplier authorized the delivery of the goods to be postponed until the client security for the payment is confirmed.
The Client is liable for the delayed episode suffered damage.
8.4 If the client does not commpy with its obligations, then the supplier is entitled to the goods without judicial intervention.The client has the obligation of cooperation with the supplier.
8.5 It is the client is not permitted without written permission from the supplier under the title delivered goods to third parties (to security) convey, or to transfer, nor is it allowed to consult resale without written permission from the supplier.
The constituent has not been permitted written authorisation of the supplier transferring the goods to third parties (to certainty), provided with property reservation, or do transfer; it has not been permitted commit resale without written authorisation of the supplier.
Article 9 Guarantee
9.1 The supplier is responsible for adequacy and quality (according to EU guidelines) of its goods and services, as well as commitments made in those goods processed and / or materials, with the exception of the Commissioner himself made available materials.
9.2 If there are prove of defects in the goods, whose client proves that, within six months after his episode occurred as a direct result of an inaccuracy in the applied sciences structure, composition, or as a result of poor workmanship or use of poor material, the supplier will rectify the faults or replacement parts available. The choice of repair or replacement as well as the choice of the place of performance of those repairs are made by the supplier.
9.3 This obligation of the supplier expires, if: a. the defective functioning of any goods not delivered immediately but no later than within fourteen (14) days after finding them on the supplier reported in writing; b. there is failure to observe the proper rules for implementing, operating and maintenance; c. product application, respectively commissioning wrong performed by the client or third parties; d. Client incorrect or improper uses of the goods, such as incorrect dosage respectively. misapplication of assets, change in the composition of the goods schedule; Commissioner delivered the goods for a purpose other than he used in concluding the agreement has entered, including the repackaging without prior written consent of supplier.
9.4 The supplier is entitled to suspend its warranty, as long as buyer commitments are not met.
Article 10 Majeure, Suspension and Liability
10.1 The delivery referred to in Article 6 shall be extended by the period during which the supplier is prevented by force majeure on its obligations.
10.2 Force majeure on the side of the supplier exists where the supplier after the conclusion of the agreement is prevented by its obligations under this agreement or to prepare them to comply because of war, war, civil strife, riots, molestation, fire, water damage , Floods, strikes, exclusion, import and exports, governmental, defects in machinerien, disruptions in the supply of energy, everything both in the business of the supplier as to third parties, whom the supplier of the necessary materials or materials in whole or partly involve, as well as in storage or during transportation or in-house, and all other causes beyond the guilt or the risks of the supplier.
10.3 If the force majeure occurs while the agreement is already partially implemented, the client, if the remaining force majeure provision unreasonably long delayed, the power to either the already delivered part of the goods and retain the corresponding payment, either The agreement also for the work already performed as part terminated under the obligation to consider what he had already delivered to the supplier to return the expense and risk of the client if the client can prove that the already delivered part of the goods are no longer can be efficiently used due to the non-delivery of the remaining goods.
10.4 In the event of temporary force majeure will mean the client and supplier will follow the existing agreement, after the lifting of force majeure, will be respected, whether or not in a modified form.
10.5 If the party concerned, as a result of the temporary force majeure has enjoyed an advantage, they can claim for damages.
10.6 In the event of a lasting force majeure, the agreement will be deemed to be dissolved.In this situation will mean the parties themselves with each other about the consequences of the dissolution, including a possible claim for damages.
10.7 The supplier is not liable for costs, damages, including consequential damages caused by its goods or work carried out apart from its legal (product) liability.
10.8 The supplier can not be held liable for damage caused by its employees nor its third parties so far in the cause of that damage there was no intent or gross fault of the supplier, its employees or its hired by third parties.
10.9 Principal is due at any time supplier to indemnify, respectively. indemnify it, in respect of all claims by third parties for damages, for which the liability of the supplier in the provisions of these terms and conditions are excluded.
Article 11 Disputes
11.1 Any dispute arising as a result of an agreement to be concluded by BSF , will be governed exclusively settled by the competent courts.
BSF may use the other party to the competent judge in her district in-line.
11.2 On all BSF agreements Spanish law is applicable.
11.3 Should individual provisions of the Shipping and payment terms are not applicable, then the other conditions remain in full force.
11.4 The Uniform Laws on international sales of movable property (LUVI) do not apply, unless otherwise agreed in writing.
BSF November 2004 *
ADDITIONAL PROVISIONS
ALL PRODUCTS ARE SUBJECT TO GUARANTEE IN CARRY ON BASIS GIVE THIS MEANS THAT PROPERTY AFTER FAILURE TO CONSULTATION U.S. FRANKO RETOUR SHOULD BE SENT (SHIPPING FOR YOUR ACCOUNT).
ERRORS AND PRICE CHANGES RESERVED
