设备系统零配件及安装条款(英文版).pdfVIP

TERMS OF SALE AND DELIVERY FOR MACHINERY, SYSTEMS, SPARE PARTS AND ASSEMBL 设备系统零配件及安装条款 （注：这是一份适用德国法律的商务合同） TABLE OF CONTENTS I. General provisions 一般规定 II. Prices and payment 价格与支付 III. Delivery period, delivery delay 交付期限与延迟 IV. Transfer of risk, formal acceptance 风险转移与正式验收 V. Retention of title 所有权的保留 VI. Installation and assembly 安装 VII. Receipt 接收 VIII. Liability for defects 瑕疵责任 IX. Supplier liability, exemption from liability 供货方的责任与责任豁免 X. Period of limitation 索赔时效期限 XI. Returned goods 退货 XII. Disposal 处置 XIII. Software utilization 软件使用 XIV. Applicable law and place of jurisdiction 适用法律与管辖地 For use in transactions with: 1. a person acting in a commercial or freelance professional capacity at the time the agreement is concluded (businessperson); 2. legal entities governed by public law and special trusts under public law. I. General provisions 1. All deliveries and services shall be based on these conditions and on any separate contractual agreements. Differing purchasing conditions of the Purchaser shall not become part of the agreement even in the event of order acceptance. Unless otherwise agreed, a contract shall come into effect on written confirmation of the order by the Supplier. 2. The Supplier shall retain title and copyright to samples, quotations, drawings and similar information of a tangible or intangible nature, including in electronic form; they may not be divulged to third parties. The Supplier undertakes to divulge information and documents designated as confidential by the Purchaser to third parties only with the Purchasers consent. 3. Partial deliveries shall be permitted provided that they are not unreasonable for the Purchaser. II. Prices and payment 1. Unless otherwise agreed, prices shall be ex works including loading at the factory but excluding packaging and unloading. Prices shall also be subject to VAT at the applicable statutory rate. 2. Unless otherwise agreed, payment shall be made to t