Bungard Elektronik GmbH & Co.KG

Rilkestrasse 1
D-51570 Windeck
Germany

Telephone: +49 2292 / 9 28 28 - 0
Fax: +49 2292 9 28 28 - 29

Jur. Details:

• Sales tax identification number: DE 813279602
• Bungard Elektronik GmbH & Co.KG (HRA 3980 Siegburg)
• Bungard Verwaltungs GmbH (HRB 17414 Siegburg)
• Represented by the Managing Director Jürgen Bungard

General sales conditions

1. General
Our deliveries are exclusively subject to the conditions set forth herein which shall be deemed to be explicitly accepted by the purchaser. No conditions which may appear on the purchaser's order shall be binding on us, even without our express contradiction.

2. Quotations and orders
Our quotations are not binding on us. This applies also to information contained in price lists, leaflets etc.. Delivery dates stated in our quotations or given to the purchaser by any other means are approximate, and we endeavour to keep to them. Delays in delivery shall give no right to claims, unless we have explicitly confirmed such delivery dates and an adequate period of grace granted to us has expired. Orders shall only be binding on us when they are explicitly confirmed in writing, regardless of the form in which they have been placed with us. The data given in our catalogues are only product descriptions, and in no case they can be regarded as guaranteed characteristics. Furthermore the characteristics of our samples cannot be regarded as guaranteed characteristics.

3. Prices
Prices shall be valid only when confirmed by us in writing. They are exclusive of VAT at the current rate and incidentals such as postage and packing, freight, insurance etc..  

4. Conditions of payment
4.1. Frequently buyers may be supplied on credit account. That must be negotiated before. Hight of credit lines are depending on yearly overturn with BUNGARD during the last 12 months.
4.2. New customers, buying from Bungard since less than 1 year will not be supplied on credit.
4.3. For orders of less than 25 000 Eur, we insist in prepayment by SWIFT to our international bank account. Payments costs are born to buyer.
4.4. For orders of more than 25 000 Eur, buyer has to open an irrevocable LC, available and confirmed by any German bank,  preferably Deutsche Bank. All LC costs and banking fees inside and outside Germany are to opener's account

5. Set-off, right to retention
Only uncontested or legally binding counter-claims may be offset against our invoices. Any right to a retention to be exercised by the purchaser in connection with our claims is explicitly excluded.

6. Delivery
Delivery of our goods is explicitly made on behalf of and at the risk of the purchaser. The risk shall pass on to the purchaser when the ordered goods leave our premises. The same applies if goods are collected in our premises after notification of their readiness. We decide at our discretion on the most economical delivery method without assuming any liability for the chosen means of delivery. Unless otherwise agreed, we offer all articles ex works. The transport risk is carried by the customer. For 2 % of the value of the goods we will be happy to offer a transport insurance.

7. Reservation of proprietary rights
7.1 All goods supplied shall remain our property until all of our claims resulting from the contract have been paid in full. The purchaser is entitled to dispose of the purchased goods in the ordinary course of business transactions. Reservation of proprietary rights also applies to products resulting from processing, mixing up or combining our goods with goods of third parties, in which case we are considered as manufacturers. In the case where our goods are processed, mixed up or combined with goods of third parties, and the proprietary rights of such third parties remain in force, we are entitled to co-ownership according to the proportion of the amount invoiced for such processed goods. Such right to co-ownership shall be safeguarded by the purchaser.
7.2 The purchaser shall transfer to us, as a security, his claims against third parties resulting from the resale of our goods in full or in the proportion of our co-ownership (see subparagraph 7.1). He is entitled to collect the amount of such claims on our behalf until revoked or until cessation of his payments made to us. The purchaser is not entitled to assign these claims to third parties.
7.3 The purchaser is not entitled to mortgage or transfer the goods which are subject to reservation by way of security.
7.4 The purchaser shall advise us immediately at any seizure of our goods or of any infringement of our rights by third parties.
7.5 In case of a default in payment or a deterioration in the financial situation, we are entitled to request immediate handing over of the goods which are subject to reservation. Any time limited claims shall immediately become due.
7.6 If the value of the securities exceeds our claims by more than 20%, securities to a corresponding amount will be released by us on request at our discretion.

8. Warranty and transport damages
We supply all our machines under a 12 month in-house warranty on parts and workmanship. This means that in this period of time, we repair or, at our choice, exchange, defective parts free of charge and at our facilities. This warranty does not cover transport fees.
Any user intervention to the machine / appliance will void the warranty, if not explicitly requested by us. Normal wear (i.e. on drive belts, spindle bearings or heaters) or damage from user intervention (i. e. pulling pc boards from units under tension) are not covered by this warranty.
Our local representative / dealer is in charge of technical assistance in any case of damage. Details of repair / exchange measures and coverage of transport fees are to be handled between our representative and us.
The purchaser shall check possible damages of our supplied goods on transit or transport  immediately upon receipt and inform us in writing of visible defects at the latest 8 days after receipt. Complaints made at a later date will not be accepted by us. The purchaser shall give us the opportunity to convince ourselves of the rightfulness of the claim. If a claim is justified, we may repair the damage, supply replacements or refund the purchase price at our discretion. Further claims of the purchaser, especially claims for damages, are explicitly excluded, unless certain features of the goods had been assured by us. Claims for faulty delivery will in any event come under the statue of limitation six months after delivery.

9. Withdrawal
When delivery in accordance with the contract is not possible for reasons beyond our control, we are entitled to withdraw from the contract. Such withdrawal shall not entitle the purchaser to assert any right against us.
9.1 When delivery in accordance with the contract is not possible for reasons beyond our control, we are entitled to withdraw from the contract. Such withdrawal shall not entitle the purchaser to assert any right against us.
9.2 When a customer wants to cancel a sales contract in accordance with us, we are allowed to charge 25% cancellation fee within first 3 months and up to 50% within first 6 months. In any case, return costs are to customer’s account. Also possible damages /signs of usage  and in any case insurance for return shipment. Prior to return, these topics have to be contracted !

10. Place of performance and jurisdiction, applicable law
The exclusive place of performance and jurisdiction for both parties shall be 51570 Windeck Germany. Any contract shall be governed by the law of the Federal Republic of Germany.

11. Severability clause
If any clause herein is or will become invalid, such clause shall not affect the validity of the remaining clauses. The invalid paragraph shall be replaced by a valid clause which shall meet as closely as possible the legal and commercial purpose of the original one.