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Scope of Application<\/strong> <\/p>\n General Provisions<\/strong> 3. Orders only become binding upon our order confirmation.<\/p>\n 4. Furthermore, we are entitled to terminate the Agreement without notice if there is a compelling reason. A compelling reason exists in particular if, after the conclusion of the contract, it becomes apparent that our payment claims arising under the Agreement are jeopardized by the Partner’s lack of solvency and the Partner does not credibly demonstrate its solvency within a reasonable period despite being requested to do so. Statutory rights of termination and withdrawal, as well as the rights according to Section 22, remain unaffected. <\/p>\n 5. Should individual parts of these Terms and Conditions of Sale be or become invalid, the validity of the remaining provisions shall not be affected thereby.<\/p>\n <\/p>\n Long-term and Call-off Contracts, Price Adjustment<\/strong> 7. If a significant change in labor, material, or energy costs occurs in the case of long-term contracts (contracts with a term of more than six months and open-ended contracts), each contracting partner is entitled to demand negotiations for a reasonable adjustment of the price, taking these factors into account.<\/p>\n 8. In the case of call-off delivery contracts, unless otherwise agreed, binding quantities must be notified to us by call-off at least two months before the delivery date. Additional costs caused by a delayed call-off or subsequent changes to the call-off regarding time or quantity by our Partner shall be at their expense, unless they are not responsible for the delay or subsequent change; our calculation shall be decisive in this regard. <\/p>\n <\/p>\n Confidentiality<\/strong> 10. This obligation does not apply to documents and knowledge that are generally known or were already known to the contracting partner upon receipt without being obliged to maintain secrecy, or which are subsequently transmitted by a third party authorized to pass them on, or which are developed by the receiving contracting partner without utilizing the documents or knowledge of the other contracting partner that are to be kept secret.<\/p>\n <\/p>\n Drawings and Descriptions <\/p>\n Samples and Production Equipment<\/strong> 13. The costs for maintenance and proper storage, as well as the risk of damage or destruction of the production equipment, shall be borne by us.<\/p>\n 14. If the Partner suspends or terminates the cooperation during the production period of the samples or production equipment, all manufacturing costs incurred up to that point shall be at their expense.<\/p>\n 15. The production equipment remains in our possession at least until the delivery contract has been processed, even if the Partner has paid for it. Thereafter, the Partner is entitled to demand the return of the production equipment if a mutual agreement has been reached regarding the time of return and the Partner has fully met its contractual obligations. <\/p>\n 16. We shall store the production equipment free of charge for three years after the last delivery to our Partner. Thereafter, we shall request our Partner in writing to state their position on further use within 6 weeks. Our obligation to store the equipment ends if no statement is made or no new order is placed within these 6 weeks. <\/p>\n 17. Customer-specific production equipment may only be used by us for deliveries to third parties with the prior written consent of our Partner.<\/p>\n <\/strong><\/p>\n Prices <\/p>\n Terms of Payment<\/strong> 20. If we have undisputedly delivered partially defective goods, our Partner is nevertheless obliged to make payment for the defect-free portion, unless the partial delivery is of no interest to them. Furthermore, the Partner may only set off claims for compensation for defect rectification or completion costs; other counterclaims may only be set off if they have been legally established, are ready for decision, or are undisputed. A right of retention and refusal of performance by the Partner also exists only within these limits. <\/p>\n 21. In the event of payment delays, we are entitled to charge default interest at the rate the bank charges us for current account overdrafts, but at least at a rate of 8 percentage points above the respective base interest rate of the European Central Bank.<\/p>\n 22. In the event of default in payment, we may, after written notification to the Partner, suspend the fulfillment of our obligations until payments are received.<\/p>\n <\/p>\n Delivery<\/strong> 24. The delivery period begins with the dispatch of our order confirmation and is extended appropriately if the conditions of Section 48 are met.<\/p>\n 25. Partial deliveries are permissible to a reasonable extent. They will be invoiced separately. <\/p>\n 26. Within a tolerance of 10 percent of the total order quantity, production-related over- or under-deliveries are permissible. The total price changes accordingly based on the volume. <\/p>\n <\/p>\n Shipping and Transfer of Risk<\/strong> 28. In the absence of a special agreement, we shall choose the means and route of transport.<\/p>\n 29. The risk passes to the Partner upon handover to the railway, the forwarding agent, or the carrier, or upon the start of storage, but at the latest upon leaving the factory or warehouse, even if we have undertaken the delivery.<\/p>\n <\/p>\n Delay in Delivery 31. If delivery is delayed due to a circumstance listed in Section 48 or due to an act or omission by the Partner, a reasonable extension of the delivery period shall be granted according to the circumstances.<\/p>\n 32. The Partner is only entitled to withdraw from the contract if we are responsible for the failure to meet the delivery date and they have unsuccessfully set a reasonable grace period for us.<\/p>\n <\/p>\n Retention of Title<\/strong> 34. The Partner hereby assigns to us all claims and rights arising from the sale or any rental of goods permitted to the Partner in which we hold ownership rights as security. We hereby accept the assignment. <\/p>\n 35. Any processing or transformation of the reserved goods is always carried out by the Partner for us. If the reserved goods are processed or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed or mixed items at the time of processing or mixing. If our goods are combined or inseparably mixed with other movable items to form a single item and the other item is to be regarded as the main item, the Partner shall transfer proportional co-ownership to us insofar as the main item belongs to them. The Partner shall hold the ownership or co-ownership for us. In all other respects, the same applies to the item resulting from processing, combination, or mixing as to the reserved goods. <\/p>\n <\/p>\n Material Defects<\/strong> 37. We will inform the Partner immediately about relevant changes to the goods, their availability, usability, or quality, particularly those caused by the REACH regulation, and coordinate suitable measures with the Partner in individual cases.<\/p>\n 38. Claims for material defects expire in 12 months. This does not apply if the law mandatory prescribes longer periods, in particular for defects in a building and for goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness. Sentence 1 also does not apply to damages resulting from injury to life, body, or health, and in the case of intent or gross negligence or any other breach of essential contractual obligations (these are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contracting partner regularly relies and may rely) by our legal representatives or senior employees. <\/p>\n 39. If an acceptance of the goods or an initial sample inspection was agreed upon, the notification of defects that the Partner could have detected during careful acceptance or initial sample inspection is excluded.<\/p>\n 40. We must be given the opportunity to determine the reported defect. Complained goods must be returned to us immediately upon request; we will bear the transport costs if the complaint is justified. If the Partner does not comply with these obligations or makes changes to the already complained goods without our consent, they lose any claims for material defects. <\/p>\n 41. In the event of a justified, timely complaint, we will, at our discretion, repair the complained goods or deliver a defect-free replacement.<\/p>\n 42. If we do not fulfill these obligations or do not fulfill them in accordance with the contract within a reasonable time, the Partner may set a final deadline in writing within which we must fulfill our obligations. After the unsuccessful expiry of this period, the Partner may demand a reduction in price, withdraw from the contract, or carry out the necessary rectification themselves or have it carried out by a third party at our expense and risk. Reimbursement of costs is excluded if the expenses increase because the goods have been moved to another location after our delivery, unless this corresponds to the intended use of the goods. <\/p>\n 43. Statutory recourse claims of the Partner against us exist only to the extent that the Partner has not made any agreements with its customer that go beyond the statutory claims for defects. Furthermore, the last sentence of Section 42 applies accordingly to the scope of the recourse claims. <\/p>\n <\/p>\n Other Claims, Liability<\/strong> 45. Furthermore, the limitation of liability does not apply in cases where liability is assumed under the Product Liability Act for personal injury or property damage to privately used items in the event of defects in the delivered goods. It also does not apply in the event of injury to life, body, or health and in the absence of guaranteed properties if and to the extent that the purpose of the guarantee was specifically to protect the Partner against damage that did not occur to the delivered goods themselves. <\/p>\n 46. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, legal representatives, and vicarious agents.<\/p>\n 47. The statutory regulations on the burden of proof remain unaffected by this.<\/p>\n <\/p>\n Force Majeure<\/strong> <\/p>\n Place of Performance, Jurisdiction, and Applicable Law<\/strong> 50. For all legal disputes, including those within the scope of a bill of exchange or check process, our place of business is the place of jurisdiction. We are also entitled to sue at the Partner’s place of business. <\/p>\n 51. The contractual relationship is exclusively subject to the law of the Federal Republic of Germany. The application of the United Nations Convention of April 11, 1980, on Contracts for the International Sale of Goods (CISG – “Vienna Sales Convention”) is excluded.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row column_structure=”1_3,1_3,1_3″ custom_padding_last_edited=”on|desktop” _builder_version=”3.25″ module_alignment=”center” custom_padding=”16px|0px|0px|6vw|false|false” custom_padding_tablet=”|||0vw” custom_padding_phone=”|||0vw”][et_pb_column type=”1_3″ _builder_version=”3.25″ custom_padding=”0px||0px|” custom_padding_tablet=”|||0vw” custom_padding_phone=”||25px” custom_padding_last_edited=”on|phone” custom_padding__hover=”|||”][et_pb_text admin_label=”ADRESSE Headline” _builder_version=”3.27.4″ text_font=”Abel||||||||” text_text_color=”#ffffff” text_font_size=”17px” text_letter_spacing=”5px” header_font=”Abel||||||||” header_font_size=”36px” header_letter_spacing=”-1px” header_font_size_tablet=”45px” header_font_size_phone=”” header_font_size_last_edited=”on|desktop”]<\/p>\n ADDRESS<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Aderesse” _builder_version=”3.27.4″ text_font=”Abel||||||||” text_text_color=”#777777″ text_font_size=”16px” text_line_height=”1.5em” header_font=”Abel||||||||” header_font_size=”36px” header_letter_spacing=”-1px” header_font_size_tablet=”45px” header_font_size_phone=”” header_font_size_last_edited=”on|desktop”]<\/p>\n Jung GmbH & Co. KG [\/et_pb_text][\/et_pb_column][et_pb_column type=”1_3″ _builder_version=”3.25″ custom_padding=”0px||0px|” custom_padding_tablet=”” custom_padding_phone=”||” custom_padding_last_edited=”on|desktop” custom_padding__hover=”|||”][et_pb_text admin_label=”KONTAKT Headline” _builder_version=”3.27.4″ text_font=”Abel||||||||” text_text_color=”#ffffff” text_font_size=”17px” text_letter_spacing=”5px” header_font=”Abel||||||||” header_font_size=”36px” header_letter_spacing=”-1px” header_font_size_tablet=”45px” header_font_size_phone=”” header_font_size_last_edited=”on|desktop”]<\/p>\n CONTACT<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Telefon, etc” _builder_version=”3.27.4″ text_font=”Abel||||||||” text_text_color=”#777777″ text_font_size=”16px” text_letter_spacing=”1px” text_line_height=”1.5em” link_font=”Abel||||||||” link_text_color=”#777777″ link_font_size=”16px” link_letter_spacing=”-0.1px” link_line_height=”1.4em” header_font=”Abel||||||||” header_font_size=”36px” header_letter_spacing=”-1px” header_font_size_tablet=”45px” header_font_size_phone=”” header_font_size_last_edited=”on|desktop”]<\/p>\n <\/i> 0 23 55 \/ 91 27-0<\/a> <\/i> Directions to us<\/a><\/p>\n [\/et_pb_text][\/et_pb_column][et_pb_column type=”1_3″ _builder_version=”3.25″ custom_padding=”0px||20px|” custom_padding__hover=”|||”][et_pb_text admin_label=”RECHTLICHES Headline” _builder_version=”3.27.4″ text_font=”Abel||||||||” text_text_color=”#ffffff” text_font_size=”17px” text_letter_spacing=”5px” header_font=”Abel||||||||” header_font_size=”36px” header_letter_spacing=”-1px” header_font_size_tablet=”45px” header_font_size_phone=”” header_font_size_last_edited=”on|desktop”]<\/p>\n LEGAL<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Links” _builder_version=”4.4.8″ text_font=”Abel||||||||” text_text_color=”#777777″ text_font_size=”16px” text_line_height=”1.5em” link_font=”Abel||||||||” link_text_color=”rgba(255,255,255,0.32)” link_font_size=”16px” header_font=”Abel||||||||” header_font_size=”36px” header_letter_spacing=”-1px” header_font_size_tablet=”45px” header_font_size_phone=”” header_font_size_last_edited=”on|desktop”]Legal Notice<\/a> General Terms and Conditions of Delivery and PaymentJung GmbH & Co. KG \u2013 In der H\u00e4lver 23 \u2013 58553 Halver-Carthausen (As of: July 2017) Scope of Application1. These Terms and Conditions of Sale apply to every (delivery) framework agreement (hereinafter “Agreement”) and all individual contracts and\/or orders within the scope of an Agreement (hereinafter […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-1416","page","type-page","status-publish","hentry"],"yoast_head":"\n
1. These Terms and Conditions of Sale apply to every (delivery) framework agreement (hereinafter “Agreement”) and all individual contracts and\/or orders within the scope of an Agreement (hereinafter “Individual Contract”) with entrepreneurs, legal entities under public law, and special funds under public law (hereinafter “Partner”). Our deliveries and services are provided exclusively on the basis of the following conditions. Terms and conditions of the Partner that are not expressly recognized by us shall have no validity.<\/p>\n
2. The contracting partners shall immediately confirm verbal agreements in detail in writing.<\/p>\n
6. Open-ended contracts may be terminated with a notice period of three months.<\/p>\n
9. Each contracting partner shall use all documents (including samples, models, and data) and knowledge obtained from the business relationship only for the jointly pursued purposes and shall keep them secret from third parties with the same care as their own corresponding documents and knowledge, if the other contracting partner designates them as confidential or has an obvious interest in their secrecy. This obligation begins upon the first receipt of the documents or knowledge and ends 36 months after the end of the business relationship. <\/p>\n
<\/strong>11. If one contracting partner provides the other with drawings or technical documents regarding the goods to be delivered or their manufacture, these remain the property of the providing contracting partner.<\/p>\n
12. Unless otherwise agreed, the manufacturing costs for samples and production equipment (tools) will be invoiced separately from the goods to be delivered. This also applies to tools that must be replaced due to wear and tear. <\/p>\n
<\/strong>18. Our prices are in Euro excluding VAT, packaging, freight, postage, and insurance.<\/p>\n
19. All invoices are due for payment within 14 days with a 2% early payment discount or within 30 days net from the invoice date.<\/p>\n
23. Unless otherwise agreed, we deliver “ex works”. The notification of readiness for dispatch or collection by us is decisive for compliance with the delivery date or delivery period. <\/p>\n
27. Goods reported as ready for dispatch must be accepted by the Partner immediately. Otherwise, we are entitled to ship them at our own discretion or to store them at the expense and risk of the Partner. <\/p>\n
<\/strong>30. If we can foresee that the goods cannot be delivered within the delivery period, we will inform the Partner immediately and in writing, state the reasons for this, and, if possible, name the expected delivery time.<\/p>\n
33. We retain ownership of the delivered goods until all claims arising from the business relationship with the Partner have been fulfilled.<\/p>\n
36. The quality of the goods is determined exclusively by the agreed technical delivery specifications. If we are to deliver according to drawings, specifications, samples, etc., provided by our Partner, the Partner assumes the risk of suitability for the intended purpose. The time of the transfer of risk according to Section 29 is decisive for the contractual condition of the goods. <\/p>\n
44. Unless otherwise stated below, other and further claims of the Partner against us are excluded. This applies in particular to claims for damages due to breach of obligations arising from the contractual relationship and from tort. We are not liable for damage that has not occurred to the delivered goods themselves. Above all, we are not liable for lost profits or other financial losses of the Partner. <\/p>\n
48. Force majeure, labor disputes, riots, official measures, failure of deliveries from our suppliers, and other unforeseeable, unavoidable, and serious events release the contracting partners from their performance obligations for the duration of the disruption and to the extent of its effect. This also applies if these events occur at a time when the affected contracting partner is in default, unless they caused the default intentionally or through gross negligence. The contracting partners are obliged to provide the necessary information immediately within the scope of what is reasonable and to adapt their obligations to the changed circumstances in good faith. <\/p>\n
49. Unless otherwise stated in the order confirmation, our place of business is the place of performance.<\/p>\n
In der H\u00e4lver 23
58553 Halver-Carthausen<\/p>\n
<\/i> service@jung-federn.de<\/a>
<\/i> www.jung-federn.de<\/a><\/p>\n
\nPrivacy Policy<\/a>
\nTerms and Conditions<\/a>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"