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General Business and Terms of Delivery

1. Our General Terms and Conditions of Sale apply to all offers and accepted orders submitted by us.
Deviating agreements, in particular terms and conditions of the buyer contrary to our terms of sale, require our express written consent,
to become legally effective.

2. Offers:
Our offers are non-binding and non-binding, we reserve the right to an intermediate sale.


3. Delivery:
All deliveries by JSKTD GmbH i.Gr. are carried out as quickly as possible. If a delivery is not made on the agreed date, the purchaser may set us a reasonable grace period, with the declaration that he will withdraw from the contract after its fruitless expiry. Further claims, in particular due to any damage caused by delay, are excluded insofar as we cannot be accused of at least gross negligence for the delay that occurs.


4. Delivery and warranty of used machines/equipment:
Used machines and devices are sold by us in the condition in which they are. Required accessories are, as far as noted in the offer, supplied. Used machines shall be deemed to have been accepted and approved in accordance with the terms and conditions upon completion of the inspection, collection or loading, to the exclusion of any liability for defects and liability for damages (unless the warranty is stated separately in the offer). The buyer has the right to inspect and inspect the goods before concluding the contract. If he makes only partial or no use of this right, irrespective of the reason, he recognizes the condition of the goods without being seen. Complaints made later cannot be accepted. No liability is assumed for defects in parts subject to wear in particular, such as gears, bushings, levers, bearings, sensors, etc. The dispatch takes place at the risk of the customer. Upon dispatch from the respective location, the risk shall also pass to the purchaser if freight-free delivery has been agreed or the supplier has taken over other services, e.g. the dispatch costs or delivery and installation. The loading process at the point of delivery is part of the shipment. We are not liable for transport damage. The customer has the right to check and/or carry out the packaging or fastening himself before dispatch of the goods. In the event of a delay in dispatch for reasons for which the purchaser is responsible, the risk shall pass to the purchaser from the date of readiness for dispatch.
Redisposition of our suppliers, force majeure, destruction, damage or confusion of the object of purchase release us from the delivery obligation. Claims for damages due to non-delivery and exceeding the delivery time are excluded against us. Deliveries of used machines/equipment (if not agreed separately) are always ex-site and are at the expense of the buyer. Used machines/devices are excluded from the exchange. Insurance, packaging, loading, customs documents will be charged separately. JSKTD GmbH i.Gr. assumes no liability for any damage caused by the transport, application, introduction or loading and unloading of objects. JSKTD GmbH delivers exclusively in NON-EMBARGOED COUNTRIES except for presentation of a state permit. In the case of foreign transactions, delivery is only made after full payment in cash or by bank transfer plus the resulting bank charges, after crediting to one of our accounts, checks or bills of exchange are not accepted.
Any warranty is, as far as legally permissible, excluded.

5. Notice of defects, warranty, liability:
Complaints must be asserted immediately after receipt of the goods by registered letter. The buyer must provide proof of his complaint. We reserve the right to rectification. Defective goods must be kept at our disposal. In the case of a recognized notice of defects, we are entitled to the between replacement delivery and refund of the purchase price. If the rectification finally fails within a reasonable time, the buyer shall be entitled to the statutory warranty rights. Assurances have not been made, unless expressly marked as such in writing. Our liability, for whatever legal reason, is limited to intent and gross negligence, unless it concerns the violation of cardinal obligations. This does not affect the liability for guaranteed properties, due to malice, defects of title and according to the Product Liability Act. Any further claims of any kind, for whatever legal reason, are excluded.


6. Payment:
The payment of the purchase price must be made according to our conditions stated on the invoice. All prices are exclusive of VAT. Cheques are only accepted under the usual reservations and are only valid after the payment has been redeemed. In the event of withdrawal from the order (also applicable for new and used machines/devices/parts), a distance payment of 10% of the net sales price is due.


7. Payment of used goods, machines, equipment:
When the order is placed, a down payment of 20% of the net sales price is due in cash or as a transfer (unless other modalities have been agreed in writing in the contract). If the prepaid goods/devices/parts are not paid and collected in full within 1 month or 30 calendar days, the down payment shall be forfeited and offset against the additional costs incurred as a result. All prices are net without deduction, plus the currently applicable VAT and must be paid immediately before loading the machines. In the case of foreign delivery via a forwarding agent located in Germany, the total VAT will not be charged. In case of self-collection, the full VAT amount is to be added to the purchase price.



8. Retention of title:
Delivered goods always remain our property as long as JSKTD GmbH i. Gr. still has claims from ongoing business relationships against the buyer. If the goods have already been put into use and can no longer be realized at full new value, the buyer is liable for the depreciation, even in the case of used machines or devices. If the customer sells the delivered goods, he shall at the same time assign to us, until the complete repayment of his debt, the receivables incurred by him against his customers. Without our consent, unpaid goods may neither be pledged nor transferred for security.


9. Place of performance and jurisdiction:
The place of performance and jurisdiction for all obligations arising from the supply contract shall in any case be Stuttgart. All relations between our buyers and us are subject to the laws of the Federal Republic of Germany. Should one of the terms of delivery become invalid as a result of a judicial decision, the remaining points shall remain fully valid.