|
General Terms and Conditions of omd Disc Production AG |
|
Page 1 of 3
1. General
Any order / contract placed by the customer shall be subject to the following conditions. The general terms and conditions of business of the customer shall not be applicable without our prior acceptance in writing. The order / contract shall be deemed concluded and accepted by the customer on written confirmation by omd Disc Production AG, hereafter called OMD.
2. Payment
The supply schedule, shipment, prices and terms of payment shall be stipulated on a case-to-case basis and specified in the order confirmation. In the event of the customer being in deficit of payment for goods delivered by OMD under previous orders / contracts or failing to make an advance payment stipulated in the contract, OMD shall be entitled to withhold the goods with no prejudice to any other legal remedies. In each case OMD shall be entitled without warning to charge interest for the period of default in the amount of 3% over the current discount rate of the presently current account rates and in
no event less than 5% p.a. Payment by cheque shall not be booked until credited.
3. Bills of exchange
Bills of exchange or other documents representing an obligation to effect payment shall not be deemed payment. Acceptance shall be at OMD’s discretion and on account of performance. The drawee of the bill shall bear the usual discount and collection charges levied by the banks and, in the event of default, the charges levied by the banks for credit.
4. Retention of title
The goods delivered by OMD shall remain OMD’s property until such time as all our present, future and conditional receivables from the customer have been paid. The customer shall be entitled to resell the goods to which OMD retains title in the ordinary course of his business in return for payment or retention of title. The customer shall not be entitled to pledge or make over by way of security the goods to which OMD retains title. The customer hereby assigns to OMD in full his rights and receivables arising from resale or other legal disposition (insurance, tort) of the goods to which OMD retains title. Subject to revocation the customer shall, however, be entitled to collect such receivables in his own name. In the event of any attempt at attachment by third parties the customer shall make known OMD’s title of ownership and inform OMD immediately. In the event of the customer being in default of payment OMD shall also be entitled to resell the goods without license and regardless of the claims of third parties. In the event of the goods already having been delivered to a third party OMD shall be entitled to collect the receivables without any additional assignment by the customer. The customer shall, however, notify the third parties accordingly.
<< Start < Prev 1 2 3 Next > End >>
|
Terms and Conditions 
