Terms & Conditions
Terms & Conditions
General terms and conditions of Seika Germany GmbH
§1 Validity of conditions
The following terms and conditions are basis for all supply contracts, services and offers of the vendor. In commercial dealings, the general terms and conditions apply also for all future business relations, even if they are not expressly agreed again.
Deviating Terms of contractor will only be part of the contract if these have been prior approved in writing.
§2 Offer
The offers of the vendor are – also with regard to price – non-binding.
§3 Prices
Unless otherwise stated, the vendor shall keep to the prices contained in the offer for 30 days from the date of the offer. The prices stated in the vendor’s order confirmation plus the respective legal VAT amount are relevant.
Packing, postage, freight costs, other shipping costs, insurances and customs duty are not included in the offers and will be invoiced separately.
As far between contract and the agreed and / or actual delivery date are more than six months, the valid prices of the vendor at the time of delivery shall apply.
§4 Delivery
If the seller is in delay of delivery, the purchaser may, after setting a reasonable grace period according to the following conditions, withdraw from the contract provisions or demand for compensation for damages due to not fulfillment.
When the buyer requests contract changes that affect the agreed delivery period, these agreed delivery period shall be reasonably extended.
The vendor is not responsible for delivery and service delays due to force majeure and lawful labour dispute. They entitle the seller, to extend the delivery time the duration of the obstruction.
§5 Shipping and transfer of risk
Shipping is at the risk of the purchaser. The risk passes to the purchaser as soon as the consignment has been handed over to the person performing the transport or has left the vendors factory in order to dispatch.
The vendor is entitled, but not obliged, to insure deliveries in the name and for invoice of the buyer.
§6 Warranty and liability
Incomplete delivery or obvious defects must be notified immediately, but no later than within seven days after delivery, hidden defects must be notified immediately after their discovery. Any violation of the foregoing obligations excludes any warranty claims against the vendor.
The warranty period begins on the date of delivery and is six months except for the following determination.
In all cases of justified and timely complaints of his supplies to the buyer, the vendor must repair or provide replacement on his choice to the exclusion of other warranty claims.
The purchaser retains the right in case of failure of three attempts at repair or failure of replacement delivery at his discretion to reduce the remuneration or cancel the contract.If the buyer, after failing three attempts at rectification, makes no use of his right to cancel the contract or reduce the remuneration in a reasonable time, the seller may in turn withdraw from the contract.
Claims for damages from impossibility of performance, for non-performance, from positive demand injury, from negligence in contracting and unlawful acts are excluded both against the vendor as well as against its vicarious agents, insofar as the damage was not caused intentionally or through gross negligence.
§7 Reservation of ownership
Until fulfillment of all claims which the vendor has from any legal ground against the buyer now or in the future, the vendor retains ownership of the goods delivered (reserved goods).
The buyer is not allowed to make use of the reserved goods without consent of the vendor. If the buyer sells the delivered goods in commercial dealings with consent of the vendor, he cedes the resulting claims against his customers to the vendor, with all ancillary rights to secure the claims of the vendor up to the amount of the value of the goods. The vendor accepts the assignment.
If third parties access the reserved goods, the purchaser must refer to the property from the vendor and inform him immediately.
At contract violating behavior of the buyer – in particular default in payment – the seller is entitled to take back the reserved goods at his own expense. In case of withdrawal as well as the seizure of the goods by the vendor, it is not a withdrawal from the contract, unless the consumer credit law applies.
§8 Payment
The seller’s invoices are payable immediately upon receipt. The vendor expressly reserves the the right to reject checks or bills of exchange. Acceptance is always only as payment. Discount and bill charges shall be borne by the buyer and are due immediately.
Offsetting with counter-claims against the vendors’s invoices is only permitted if these counterclaims have been undisputed or legally binding. The enforcement of retention against the vendor is excluded in commercial dealings.
§9 Withdrawal
If the buyer has deceived the vendor about its creditworthiness when placing the order, or missing this for the vendor has not seen the credit, the vendor is entitled to rescind the agreement without prior notice. In such circumstances after placing the order, the vendor is required to do further activities only after a reasonable down payment.
§10 Place of fulfillment
Place of fulfillment for all performances from this contract in commercial dealings for both parties is Düsseldorf.
§11 Jurisdiction
Jurisdiction for all disputes arising from legal relations for commercial dealings between the vendor and the buyer is Düsseldorf.
§12 Applicable law
For all legal relations between the seller and the buyer only the law of the Federal Republic of Germany applies.
§13 Final provisions
Insofar as these terms and conditions do not contain any deviating regulations, the statutory provisions apply.
If any provision of these terms is invalid or in individual cases not applicable, e.g. the absence of the merchant status, all other provisions shall remain unaffected.
General terms and conditions of Seika Germany GmbH
§1 Validity of conditions
The following terms and conditions are basis for all supply contracts, services and offers of the vendor. In commercial dealings, the general terms and conditions apply also for all future business relations, even if they are not expressly agreed again.
Deviating Terms of contractor will only be part of the contract if these have been prior approved in writing.
§2 Offer
The offers of the vendor are – also with regard to price – non-binding.
§3 Prices
Unless otherwise stated, the vendor shall keep to the prices contained in the offer for 30 days from the date of the offer. The prices stated in the vendor’s order confirmation plus the respective legal VAT amount are relevant.
Packing, postage, freight costs, other shipping costs, insurances and customs duty are not included in the offers and will be invoiced separately.
As far between contract and the agreed and / or actual delivery date are more than six months, the valid prices of the vendor at the time of delivery shall apply.
§4 Delivery
If the seller is in delay of delivery, the purchaser may, after setting a reasonable grace period according to the following conditions, withdraw from the contract provisions or demand for compensation for damages due to not fulfillment.
When the buyer requests contract changes that affect the agreed delivery period, these agreed delivery period shall be reasonably extended.
The vendor is not responsible for delivery and service delays due to force majeure and lawful labour dispute. They entitle the seller, to extend the delivery time the duration of the obstruction.
§5 Shipping and transfer of risk
Shipping is at the risk of the purchaser. The risk passes to the purchaser as soon as the consignment has been handed over to the person performing the transport or has left the vendors factory in order to dispatch.
The vendor is entitled, but not obliged, to insure deliveries in the name and for invoice of the buyer.
§6 Warranty and liability
Incomplete delivery or obvious defects must be notified immediately, but no later than within seven days after delivery, hidden defects must be notified immediately after their discovery. Any violation of the foregoing obligations excludes any warranty claims against the vendor.
The warranty period begins on the date of delivery and is six months except for the following determination.
In all cases of justified and timely complaints of his supplies to the buyer, the vendor must repair or provide replacement on his choice to the exclusion of other warranty claims.
The purchaser retains the right in case of failure of three attempts at repair or failure of replacement delivery at his discretion to reduce the remuneration or cancel the contract.If the buyer, after failing three attempts at rectification, makes no use of his right to cancel the contract or reduce the remuneration in a reasonable time, the seller may in turn withdraw from the contract.
Claims for damages from impossibility of performance, for non-performance, from positive demand injury, from negligence in contracting and unlawful acts are excluded both against the vendor as well as against its vicarious agents, insofar as the damage was not caused intentionally or through gross negligence.
§7 Reservation of ownership
Until fulfillment of all claims which the vendor has from any legal ground against the buyer now or in the future, the vendor retains ownership of the goods delivered (reserved goods).
The buyer is not allowed to make use of the reserved goods without consent of the vendor. If the buyer sells the delivered goods in commercial dealings with consent of the vendor, he cedes the resulting claims against his customers to the vendor, with all ancillary rights to secure the claims of the vendor up to the amount of the value of the goods. The vendor accepts the assignment.
If third parties access the reserved goods, the purchaser must refer to the property from the vendor and inform him immediately.
At contract violating behavior of the buyer – in particular default in payment – the seller is entitled to take back the reserved goods at his own expense. In case of withdrawal as well as the seizure of the goods by the vendor, it is not a withdrawal from the contract, unless the consumer credit law applies.
§8 Payment
The seller’s invoices are payable immediately upon receipt. The vendor expressly reserves the the right to reject checks or bills of exchange. Acceptance is always only as payment. Discount and bill charges shall be borne by the buyer and are due immediately.
Offsetting with counter-claims against the vendors’s invoices is only permitted if these counterclaims have been undisputed or legally binding. The enforcement of retention against the vendor is excluded in commercial dealings.
§9 Withdrawal
If the buyer has deceived the vendor about its creditworthiness when placing the order, or missing this for the vendor has not seen the credit, the vendor is entitled to rescind the agreement without prior notice. In such circumstances after placing the order, the vendor is required to do further activities only after a reasonable down payment.
§10 Place of fulfillment
Place of fulfillment for all performances from this contract in commercial dealings for both parties is Düsseldorf.
§11 Jurisdiction
Jurisdiction for all disputes arising from legal relations for commercial dealings between the vendor and the buyer is Düsseldorf.
§12 Applicable law
For all legal relations between the seller and the buyer only the law of the Federal Republic of Germany applies.
§13 Final provisions
Insofar as these terms and conditions do not contain any deviating regulations, the statutory provisions apply.
If any provision of these terms is invalid or in individual cases not applicable, e.g. the absence of the merchant status, all other provisions shall remain unaffected.
General terms and conditions of Seika Germany GmbH
§1 Validity of conditions
The following terms and conditions are basis for all supply contracts, services and offers of the vendor. In commercial dealings, the general terms and conditions apply also for all future business relations, even if they are not expressly agreed again.
Deviating Terms of contractor will only be part of the contract if these have been prior approved in writing.
§2 Offer
The offers of the vendor are – also with regard to price – non-binding.
§3 Prices
Unless otherwise stated, the vendor shall keep to the prices contained in the offer for 30 days from the date of the offer. The prices stated in the vendor’s order confirmation plus the respective legal VAT amount are relevant.
Packing, postage, freight costs, other shipping costs, insurances and customs duty are not included in the offers and will be invoiced separately.
As far between contract and the agreed and / or actual delivery date are more than six months, the valid prices of the vendor at the time of delivery shall apply.
§4 Delivery
If the seller is in delay of delivery, the purchaser may, after setting a reasonable grace period according to the following conditions, withdraw from the contract provisions or demand for compensation for damages due to not fulfillment.
When the buyer requests contract changes that affect the agreed delivery period, these agreed delivery period shall be reasonably extended.
The vendor is not responsible for delivery and service delays due to force majeure and lawful labour dispute. They entitle the seller, to extend the delivery time the duration of the obstruction.
§5 Shipping and transfer of risk
Shipping is at the risk of the purchaser. The risk passes to the purchaser as soon as the consignment has been handed over to the person performing the transport or has left the vendors factory in order to dispatch.
The vendor is entitled, but not obliged, to insure deliveries in the name and for invoice of the buyer.
§6 Warranty and liability
Incomplete delivery or obvious defects must be notified immediately, but no later than within seven days after delivery, hidden defects must be notified immediately after their discovery. Any violation of the foregoing obligations excludes any warranty claims against the vendor.
The warranty period begins on the date of delivery and is six months except for the following determination.
In all cases of justified and timely complaints of his supplies to the buyer, the vendor must repair or provide replacement on his choice to the exclusion of other warranty claims.
The purchaser retains the right in case of failure of three attempts at repair or failure of replacement delivery at his discretion to reduce the remuneration or cancel the contract.If the buyer, after failing three attempts at rectification, makes no use of his right to cancel the contract or reduce the remuneration in a reasonable time, the seller may in turn withdraw from the contract.
Claims for damages from impossibility of performance, for non-performance, from positive demand injury, from negligence in contracting and unlawful acts are excluded both against the vendor as well as against its vicarious agents, insofar as the damage was not caused intentionally or through gross negligence.
§7 Reservation of ownership
Until fulfillment of all claims which the vendor has from any legal ground against the buyer now or in the future, the vendor retains ownership of the goods delivered (reserved goods).
The buyer is not allowed to make use of the reserved goods without consent of the vendor. If the buyer sells the delivered goods in commercial dealings with consent of the vendor, he cedes the resulting claims against his customers to the vendor, with all ancillary rights to secure the claims of the vendor up to the amount of the value of the goods. The vendor accepts the assignment.
If third parties access the reserved goods, the purchaser must refer to the property from the vendor and inform him immediately.
At contract violating behavior of the buyer – in particular default in payment – the seller is entitled to take back the reserved goods at his own expense. In case of withdrawal as well as the seizure of the goods by the vendor, it is not a withdrawal from the contract, unless the consumer credit law applies.
§8 Payment
The seller’s invoices are payable immediately upon receipt. The vendor expressly reserves the the right to reject checks or bills of exchange. Acceptance is always only as payment. Discount and bill charges shall be borne by the buyer and are due immediately.
Offsetting with counter-claims against the vendors’s invoices is only permitted if these counterclaims have been undisputed or legally binding. The enforcement of retention against the vendor is excluded in commercial dealings.
§9 Withdrawal
If the buyer has deceived the vendor about its creditworthiness when placing the order, or missing this for the vendor has not seen the credit, the vendor is entitled to rescind the agreement without prior notice. In such circumstances after placing the order, the vendor is required to do further activities only after a reasonable down payment.
§10 Place of fulfillment
Place of fulfillment for all performances from this contract in commercial dealings for both parties is Düsseldorf.
§11 Jurisdiction
Jurisdiction for all disputes arising from legal relations for commercial dealings between the vendor and the buyer is Düsseldorf.
§12 Applicable law
For all legal relations between the seller and the buyer only the law of the Federal Republic of Germany applies.
§13 Final provisions
Insofar as these terms and conditions do not contain any deviating regulations, the statutory provisions apply.
If any provision of these terms is invalid or in individual cases not applicable, e.g. the absence of the merchant status, all other provisions shall remain unaffected.
Europe
Seika Sangyo GmbH
(exclusive distributor in Europe)
http://seika-europe.com/en/
WAHLERSTR. 10
40472 Düsseldorf, Germany
Tel.: +49 (0)211 - 41 58 116
E-mail: sales-d2@seika-germany.comAustria
STEPAN GmbH
www.stepan.atMÜNICHREITERSTR. 7,
A-1130 WIEN
Tel: +43-1-877 94 88-12
Email: office@stepan.atBelgium (Benelux)
SMD-TEC BVBA
www.smd-tec.be
9de Liniestraat 23D, 3200 Aarschot
Tel: +32 16 436 742
Email: info@smd-tec.beDenmark (Scandinavia)
Eltraco Aps
https://eltraco.com/Højager 4,
DK 5270 Odense N
Tel: +45 45 65 10 30
Email: info@eltraco.comSwitzerland
Assys GmbH
www.assys.ch
Pumpwerkstrasse 23,
CH-8105 Regensdorf
Tel: +41 44 840-5858
Email: mail@assys.chHungary
MF-TEAM KFT.
https://mf-team.hu/
TT IPARTELEP HRSZ. 0152/12,
H-2045 TÖRÖKBÁLINT
Tel: +36 30-992-5590
Email: info@mfteam.huIreland
CONTAX PRODUKTION
AUTOMATION LIMITED
www.contaxireland.ieUNIT 5B, GURTNAFLEUR
BUSINESS PARK, CLONMEL,
CO. TIPPERARY, E91 RF79
Tel: +353 (0)87 2257488Italy
PACKTRONIC S.R.L.
www.packtronic.it
VIA LEONARDO DA VINCI, 58,
LOC. EX SUPERIORE,
23879 VERDERIO (LC)
Tel: +39 (0)39 9281194-5
Email: info@packtronic.itPoland
JSD Polska Sp. z o.o.ul. Puławska 99
02-595 WarszawaTel:+48 22 839 0995
Email: info@jsd.pl
Spain
NUFE, S.L
www.nufesa.comCarrer de Santa Margarida de
Boada Vell 7-9, Nave 3
08184 Palau-solita i Plegamans
(Barcelona)
Tel: +34 93 340 50 25
Email: comercial@nufesa.comUnited Kingdom
KEY PRODUCTION EQUIPMENT LTD.
www.kpeltd.co.ukUNIT 3 THE SIDINGS IND. ESTATE, HOUND ROAD, NETLEY, SOUTHHAMPTON, HANTS, SO31 5QA
Tel: +44 (0)2380 454675
Email: info@kpeltd.co.ukUSA/ Canada/ South America
Seika Machinery Inc
https://seikausa.com/
21241 S. Western Ave. Suite 140
Torrance, CA 90501 USA
Driving Directions
Phone:(310) 540-7310
Fax:(310) 540-7930
Email: info@seikausa.com