Key data

  • Any material, up to 5 mm thick (depending on process, tolerance, and material)
  • Positioning precision: 0.0025 mm
  • Cutting precision: ± 0.01 mm (depending on material and thickness)
  • Surface quality: up to N6 (Ra 0.8 μm)
  • Maximum workpiece dimensions: 1000 x 600 mm
  • Web widths down to 0.2 mm
  • Jet / beam diameter: 0.3 (waterjet) / 0.05 (laser)

Contact

Desta GmbH & Co. KG

Oberer Wasen 16
D-73630 Remshalden-Geradstetten

Telefon: +49 (0)7151 27668-0

info@desta-microcut.de

 

desta-iso-9001-2008-dt-tscertified ISO 9001:2015
part I
part II

 

 

Trade shows

messe-stanztec-2012

21.-23.06.2016 at Pforzheim

Link to Stanztec

Home Contact General terms and conditions
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General Terms & Conditions of Purchase

§1        General

(1) Our Terms & Conditions of Purchase apply exclusively, we do not recognise contrary provisions from the purchaser or provisions which deviate from our Terms & Conditions of Purchase unless we have expressly agreed in writing that they are applicable. Our Terms & Conditions of Purchase are also applicable if we become aware of conflicting or deviating conditions from the purchaser and carry out the delivery without reservation.

(2) All agreements made between ourselves and the purchaser for the purposes of implementing this contract are laid down in this contract.

(3) Our Terms & Conditions of Purchase only apply vis-à-vis entrepreneurs as per § 310 para. 1 BGB (German Civil Code).

(4) German law applies exclusively.

 

§2        Offer

(1) If the order is qualified as an offer as per § 145 BGB, we may accept this offer within 2 weeks.

(2) Our offer is without obligation, unless otherwise stated in the order confirmation. Deviations from documents belonging to the offer such as for example illustrations, drawings, weight or dimensions data are only permitted if the documentation does not expressly state that it is binding.

(3) Construction and format alterations to the design during the delivery period shall be reserved insofar as they occur during technical development at the manufacturer and are reasonable to the purchaser.

(4) We retain all copyright and retain title to all illustrations, drawings, calculations and other documents. This also applies to those written documents which are marked as 'confidential'. The purchaser shall obtain our express written permission before passing these on to third parties.

 

§3        Delivery

(1) All technical questions are to be clarified at the beginning of the delivery period determined by ourselves.

(2) Compliance with our delivery obligations requires the timely and proper fulfilment of all obligations by the purchaser. We reserve the right to the defence of non-performance of the contract.

(3) If the purchaser becomes in default of acceptance or culpably violates other cooperation obligations, we shall be entitled to demand compensation for damages incurred in this respect, including any additional expenses. Further claims and rights are reserved.

(4) If the requirements in paragraph (3) apply, the risk of accidental loss or accidental deterioration of the object of purchase shall pass to the purchaser at the point in time when the purchaser delays acceptance or defaults on payment.

(5) If the underlying contract of purchase is a transaction for delivery by a fixed date as per § 286 para. 2 no. 4 BGB or § 376 HGB (German Commercial Code), we are liable as per the statutory provisions. We are also liable in accordance with the statutory provisions if the purchaser is entitled to claim that their interest in the continued performance of the contract has ceased as a consequence of a delay in delivery for which we are responsible.

(6) We are further liable in accordance with the statutory provisions if the delay in delivery is a result of an intentional or grossly negligent contractual infringement for which we are responsible or if our legal representatives or vicarious agents are responsible for an infringement. Provided that the contract is not affected by an intentional contractual infringement for which we are responsible, our liability for damages is restricted to foreseeable, typical damages.

(7) We are also liable in accordance with the statutory provisions, insofar as delay in delivery for which we are responsible affects the culpable infringement of a fundamental contractual duty; in this case our liability for damages is restricted to foreseeable, typical damages.

(8) Incidentally we are liable in the event of a delay in delivery for each fully completed week of default to pay a lump sum compensation in the sum of 3% of the delivery value, however no greater than 15% of the delivery value.

(9) All additional statutory rights of the purchaser are reserved.

 

§4 Transfer of risk

(1) Unless the order confirmation states to the contrary, it is agreed that delivery is to be ex works.

(2) In accordance with the provisions of the Verpackungsordnung (Packaging Ordinance), transport and all other packaging will not be taken back except for pallets. The purchaser is obligated to dispose of the packaging at their own expense.

(3) If requested by the purchaser the delivery will be protected by transport insurance, the costs of which are to be paid by the purchaser.

(4) If the object of delivery is stored with a third party on the purchaser's instructions, the purchaser shall bear all associated costs, and risk shall transfer to the purchaser at the latest when the object of delivery is transferred to the third party. Earlier transfer of risk in accordance with paragraph 1 is hereby unaffected.

 

§5        Price and payment conditions

(1) Unless stated otherwise in our order confirmation our prices are ex works, excluding packaging which will be invoiced separately.

(2) Statutory VAT is not included in our prices; it will be added separately to the invoice at the applicable statutory rate on the date the invoice is produced.

(3) In order for a discount to be granted there must be a particular written agreement regarding this.

(4) Unless the order confirmation states to the contrary, the net purchase price (without discount) falls due within 14 days of invoice date. The statutory rules regarding the consequences of late payment apply.

(5) The purchaser only has the right to offset if their counterclaim is legally established, uncontested or recognised by ourselves. In addition, the right of retention may only be exercised if their counterclaim is based on the same contractual relationship.

 

§6        Liability for defects

(1) Claims for defects by the purchaser assume that the purchaser has correctly fulfilled their obligations to examine the goods and give notice of any defects found in accordance with § 377 HGB.

(2) If the object of purchase is defective the purchaser is entitled to supplementary performance by way of defect rectification or to have a new defect-free item delivered at their discretion. In the case of defect rectification we are obligated to bear all the costs of all expenses necessary for defect rectification, in particular transportation, road, labour and material costs as long as these are not increased because the object of purchase was shipped to a different location other than the place of performance.

(3) If the supplementary performance should fail, the purchaser is entitled to demand the cancellation of the agreement or a reduction in the remuneration as they see fit.

(4) We are liable as per the statutory provisions if the purchaser asserts a claim for damages based on an intentional act or gross negligence, including intentional acts or gross negligence by our legal representatives or vicarious agents. As long as we have not intentionally breached the contract, claims for damages are limited to typically foreseeable damages.

(5) We are liable in accordance with the statutory provisions, insofar as we have culpably infringed a fundamental contractual duty; in this case our liability for damages is restricted to foreseeable, typical damages.

(6) Insofar as the purchaser is entitled to claim damages in lieu of performance, our liability even in the context of paragraph (3) is restricted to foreseeable, typical damages.

(7) Liability for culpable harm to life, body or health is unaffected; this also applies to mandatory liability in accordance with the Produkthaftungsgesetz (German Product Liability Act).

(8) In the absence of any provisions to the contrary, liability is excluded.

(9) The limitation period for claims for defects is 12 months, calculated from point of transfer of risk.

(10) The limitation period in cases of recovering from the supplier as provided for under §§ 478, 479 BGB remains unaffected; it is five years, calculated from the delivery of the defective item.

 

§7        Total liability

(1) Liability for damages further than as prescribed in § 6 is excluded without consideration of the legal nature of the asserted claim. This applies in particular to claims for damages on the basis of culpa in contrahendo, other breaches of obligations or tortious claims for compensation as per § 823 BGB.

(2) Providing our liability for damages has been excluded or limited, this also applies in reference to the personal liability of our employees, members of staff, legal representatives and vicarious agents.

 

§8        Retention of title

(1) We retain the title to the object of purchase until all payments from the supply contract have been received. Should the purchaser behave in violation of the contract, particularly by defaulting on payment, we are entitled to take back the object of purchase. If we demand the return of the object of purchase this does not represent withdrawal from the contract, unless we expressly agreed this in writing. If we seize the object of purchase this represents withdrawal from the contract. We are entitled to dispose of the objective of purchase once it has been returned and the proceeds of such a sale will be credited against the purchaser's liabilities, with the deduction of reasonable sales costs.

(2) The purchaser is obligated to treat the object of purchase with due care; in particular they are obligated to sufficiently insure it at its replacement value against theft, fire and water damage at their own expense. If maintenance and inspection work is required, the purchase must carry these out in due time at their own expense.

(3) The purchaser must immediately inform us in writing of orders of attachment, seizures or other encroachment by third parties so that we may file a claim as per § 771 ZPO (Federal Rules of Civil Procedure).

Should the third party not be in a position to refund the court and extra-judicial costs of a claim as per § 771 ZPO, the purchaser shall be liable for the loss incurred by ourselves.

(4) The purchaser is entitled to resell the object of purchase in the ordinary course of business, they shall, however, assign to us here and now all debts amounting to the total sum invoiced (including VAT) accruing from the resale, regardless of whether the object of purchase was sold with or without further processing. After the assignment the purchaser remains authorised to recover the debt. This does not affect our authority to recover the debt ourselves. We are, however, obligated to refrain from collecting the debt as long as the purchaser complies with their payment obligations from the proceeds collected and in particular if no application for bankruptcy or insolvency proceedings has been filed or payment has not been suspended. It is, however, the case, that we may demand that the purchaser shall inform us of assigned claims and debtors thereof, provide the information necessary for collection, hand over related documentation and give the debtors (third party) notice of the assignment.

(5) Processing or transforming the object of purchase by the purchaser is always done on our behalf. If the object of purchase is processed with objects not belonging to us, we will acquire co ownership in the new items in proportion to the objective value of the object of purchase (total sum invoiced including VAT) to the other processed items at the time of processing. Moreover the same applies to the items which have come into existence as a result of processing as the object of purchase delivered subject to retention of title.

(6) If the object of purchase is inextricably combined with objects not belonging to us, we will acquire co ownership in the new items in proportion to the objective value of the object of purchase (total sum invoiced including VAT) to the other processed items at the time of mixing. If the combining occurs in such a way that the items of the purchaser are deemed to be the main item then it is agreed that the purchaser transfers proportional coownership to us. The purchaser shall hold the resulting sole ownership or co-ownership on our behalf.

(7) The purchaser shall assign us the receivables to secure our claims vis-à-vis them, which have arisen as a result of mixing the object of purchase with property belonging to a third party.

(8) We are obligated to release securities to which we are entitled at the demand of the purchaser to the extent that the value of our securities exceeds the value of the debts to be secured by more than 10 %; the selection of such released securities shall be at our discretion.

 

§9        Jurisdiction, place of performance

(1) If the purchaser is a Kaufmann (registered trader) the place where our registered office is has jurisdiction; we are however entitled to sue the purchaser at the court of their registered office.

(2) The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) Unless the order confirmation states to the contrary, the place of our registered office is the place of performance.