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However, the Customer is entitled to prove that the damage incurred as a result of the default in payment was lower.ДЈ.7 If the Supplier becomes aware of circumstances that call the Customer's creditworthiness into question, then all deferred claims shall immediately fall due and be payable. The Supplier may assert higher default damage when providing proof. The reference base is the interest rate for the most recent principal refinancing transaction of the European Central Bank before the first calendar day of the relevant half year. The base rate changes per each 1 January and 1 July of a year by the percentage points by which the reference base has increased or been reduced since the last change of the base rate. The default interest rate for the year amounts to eight (8) percentage points above the base rate. The same applies also in the case of an assertion of claims based on liability for defects.ДЈ.6 If the Customer defaults on payment, the Supplier shall be entitled to claim default interest. All discount and bill charges are to be borne by the Customer.ДЈ.4 For payments by letter of credit, the regulations issued by the ICC on 'Uniform Customs and Practice for Documentary Credits' shall apply in the applicable version as amended from time to time.ДЈ.5 The Customer is not entitled to set-off, retention or reduction, unless its counterclaims are either not disputed by the Supplier or have been established by final and non-appealable judgment. Other items: Within 14 days of the date of invoice, net.ДЈ.3 Bills of exchange or cheques are always accepted only on account of performance.

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In addition, the statutory value added tax as applicable is charged.ДЈ.2 Unless otherwise agreed, payments are due in full, free of costs for the Supplier, and have to be effected as follows:ДTO Products: as specified in a separately agreed payment scheme. The Customer bears additional costs particularly for the assembly and start-up as well as costs for obtaining of special, regular authorizations and regular requirements. (ii) as soon as the order has been fully executed.ДЈ.1 Unless otherwise agreed, the Supplier's prices apply without packaging and unloaded 'ex works'. (i) if no contract comes into existence, or They are to be returned to the Supplier without undue delay on demand These must not be made available to any third party without express prior written consent of the Supplier. Any changes, amendments or side agreements also require written confirmation of the Supplier.Дў.3 The documents relating to the offer, including but not limited to illustrations, drawings, details on weight and measurements, or prepared concepts are approximations only, unless being expressly marked as binding.Дў.4 The Supplier reserves all ownership and copyrights to illustrations, drawings, concepts, cost estimates, calculations and other documents.

The Supplier reserves the right to charge a reasonable fee for further concepts, offers or cost estimates as well as draft works when no supply contract comes into existence.Дў.2 A supply contract comes into existence only upon written confirmation of the Supplier. Unless otherwise agreed, concepts for equipment construction (also called вЂњdesigned-to-order productsвЂќ or вЂњDTO ProductsвЂќ), first offers or cost estimates are provided free of charge.

Deviations from these Terms and Conditions of Sale and Supply are valid only when confirmed by the Supplier in writing.ДЎ.2 These Terms and Conditions of Sale and Supply also apply to all future transactions of the same kind with the same Customer, without specific further agreement being required.ДЎ.3 Supplies involving installation on site are additionally subject to the Special Terms and Conditions for Supervisor Assemblies.Дў.1 The Supplier's offers are always subject to confirmation, unless expressly otherwise stated. Conflicting or deviating terms and conditions of Customers are not recognized, even if the Supplier unconditionally supplies the Customer in awareness of the Customer's conflicting or deviating terms and conditions.

WIRTGEN Deutschland Vertriebs- und Service GmbH General Terms and Conditions of Sale and SupplyДЎ.1 All offers, sales, deliveries and services of WIRTGEN Deutschland Vertriebs- und Service GmbH (hereinafter collectively referred to as 'Supplier') are solely based on these Terms and Conditions of Sale and Supply.