Delivery deadlines, delivery dates
- The delivery times and dates specified by Pickardt eK are non-binding.
- The delivery periods begin with the receipt of the order confirmation, but not before all details of the order have been fully clarified and any necessary domestic and foreign official certificates have been provided. Delivery periods and dates refer to the time of delivery, ie dispatch from the factory or warehouse; they are also deemed to have been complied with after notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of Pickardt eK.
- The agreed delivery period is extended - without prejudice to the rights of Pickardt eK from default of the buyer - by the period during which the buyer is in default with his obligations from this or another contract, plus a reasonable start-up time.
- Partial deliveries are permitted as long as they are reasonable for the buyer. Each partial delivery is considered an independent business.
- Pickardt eK is entitled to withhold outstanding deliveries if the buyer does not meet his payment obligations or if there is justified concern that he will not be able to meet them (right of retention). Pickardt eK reserves the right to deliver against prepayment or cash on delivery.
Force majeure and other delivery hindrances
- Events of force majeure, such as strike, lockout, mobilization, war, blockade, export and import bans, raw and fuel shortages, fire and other circumstances for which Pickardt eK is not responsible, entitle Pickardt eK to deliver for the duration of Postpone disability and a reasonable lead time. This applies regardless of whether the aforementioned circumstances occur at Pickardt eK, the sub-suppliers or one of the sub-suppliers.
- The buyer can demand a declaration from Pickardt eK as to whether delivery will be made within a reasonable period of time or whether one wishes to withdraw from the contract. If Pickardt eK does not make a declaration within a reasonable period, the buyer can withdraw from the part of the delivery that has not yet been fulfilled
Liability for material defects
- For the examination of the goods and the notification of defects, the statutory provisions apply with the stipulation that defects in the goods must be reported to us in writing immediately. Defects that cannot be discovered immediately after delivery, even with the most careful examination, are to be reported in writing immediately after discovery, with any processing or handling being stopped immediately. In all cases, the goods must be available for inspection in an unchanged condition after the defect has been discovered. If the client violates the obligation to notify or if he processes or processes the goods after discovering the defect or if he does not make the goods available for inspection, the goods are deemed to have been approved. At our request, the rejected goods are to be returned to us carriage paid.
- The liability for material defects does not apply if the customer changes the delivered goods himself or has them changed by third parties without our consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the client has to bear the additional costs of remedying the defect resulting from the change.
Defects and warranty
- At Pickardt eK's option, all goods are to be repaired free of charge, to be delivered again or to be provided anew (subsequent performance) if they - regardless of their duration of operation - show a material defect within the limitation period and the cause was already present at the time of the transfer of risk.
- Pickardt eK must initially always be given the opportunity to provide supplementary performance within a reasonable period of time.
In the event of a justified notification of defects in due time, we can choose to either eliminate the defect or deliver goods free of defects (subsequent performance). The place of performance for the supplementary performance is our registered office. In the event of failure and / or refusal of the supplementary performance, the client is entitled to statutory rights. If the defect is not significant and / or the goods have already been sold, processed or redesigned, he is only entitled to the right to reduce the price.
- Claims due to liability for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling or other special external influences.
- Statutory recourse claims of the buyer against Pickardt eK only exist insofar as the buyer has not made any agreements with his customer that go beyond the statutory claims for liability for defects.
- The amount of any replacement to be paid is limited to the cost of the purchaser (e.g. transport and material costs), but not to the purchaser's profit margin.
- Further claims of the buyer against Pickardt eK and its vicarious agents due to material defects are excluded, subject to the provisions of these terms and conditions.
- Claims due to liability for defects become statute-barred one year after delivery.
- Claims of the buyer due to damage from the breach of secondary contractual obligations that do not consist of a defect also expire in one year.
Return of goods
Goods can only be taken back with regard to current, originally packaged and resalable goods and with the prior written consent of Pickardt eK. The return must be free of charge.
80% of the calculated price is credited for goods in their original packaging and resalable. Costs for any reconditioning and repackaging are also reduced. The credit can only be offset against new deliveries of goods. For safety reasons, insulated tools cannot be taken back.
H.W. Pickardt eK Marking Tools
43 REGENCY DR
Clayton California 94517-1726
Tel .: 3022628505