Terms & conditions
According to the definition of the liability of manufacturers for the products they produce, as given in the “law of Liability for Products”, the following information about wheels and castors applies. Deviation from this information, as written, releases the manufacturer of it’s liability.
1.0 Product Information and Determined Uses Wheels and castors, according to this definition, are components that are generally replacable. They are installed on equipment, furniture, material handling systems or similar products to make these products mobile. This product information refers to castors and wheels, particulary to swivel castors (not steered castors) which are used an nonpowered equipment; at a speed not to exceed the normal walking speed and not being used continuously.
Castors and wheels, according to this product information, can be classified by application into the following categories:
- i.e. seating, furniture
- i.e. shopping carts, office equipment
- Health care, i.e. beds, carts etc.
- i.e. material handing of all load capacities
Castors and wheels can have a long and trouble free life if the following criteria are adhered to:
- correct and secure mounting at the designated location
- the mounting location must have adequate strength and material for a positive attachement
- the operation of the castor must not be affected by the attaching
- the swivel bearing king pin axis must be vertical at all times
- rigid castors must have their wheels axles perpendicular to the direction of travel. If only swivel castors are used they
must be of similar types
- if rigid castors are used in conjunction with swivel castors, all castors must be compatible and in accordance with the specifications recommended by the manufacturer
For use in temperatures below 5°C (40°F) and above 30°C (85°F), the performance of the castor can be impaired, particulary the load capacity, as stated, can be affected when used in temperatures below or above these stated limits. Special components must be specified. Castors are made of component parts. The manufacturer is only liable for the original components incorporated in the assembled castor. When selecting a castor, it is necessary to take into consideration the technical details in the published charts for a castor.
2.0 Misuse The word “misuse” is defined as:
- Unsuitable, unsealed floor conditions
- Excessive (high or low) temperatures
- Failure to use brakes properly
- Exposure to a caustic environment
- Excessive shock loading
- Foreign objects penetrating the wheel tread
- Excessive speed
- Changes made to components and to assembled castors without prior agreement and approval of the original manufacturer
3.0 Product Capability Should the user not find the required product in the manufacturer’s catalogues, leaflets, descriptive literature, etc. then any new castor designed for a particular application has to be fully approved by the manufacturer. New designs must be subject to the relevant DIN-, ISO-, CEN-Standards as well as the standard set forth in the Quality Standard RAL-RG 607/10.
4.0 Maintenance The maintenance of castors is usually:
- Regreasing the axle and swivel bearings and removing any debris from these areas.
- Retightening the axle and/or any adjustable fittings.
If cleaning agents are used, these agents must not contain corrosive or granular elements.
5.0 Product-lnformation and User Guide It is necessary to insure that the Product Information and User Guide are made available as required and that the reseller insures that his customer is furnished with the appropriate catalogues, etc.; that the Original Equipment Manufacturer, on whose equipment the product is attached, insures the end usercolour differences cannot be guaranteed. Dimensions and weights are within the normal industry manufacturing standards. The indication of load capacities are always referring to certain conditions of use which are typical for this sort of product. All indications are subject to progressive has the Product Information and User Guide. To insure proper performance of the castors and wheels, the reseller must consider the Product Information (1.0 to 5.0). This product information can be supplied for distribution to the manufacturer of the equipment. The manufacturer of the equipment must refer to the product Information (1.0 to 5.0) and User Guide. Copies of this Product Information and User Guide may be ordered from the castor manufacturer for distribution to the end user.
General conditions of sale and delivery The terms and conditions of Colson Rollen GmbH (Germany), Colson S.A.S (France) and RHOMBUS Castors Sdn. Bhd. (Malaysia) are valid in general. On request we can send the detailed contents.
This catalogue has been carried out with attention and care. Possible mistakes and colour differences cannot be guaranteed. Dimensions and weights are within the normal industry manufacturing standards. The indication of load capacities are always referring to certain conditions of use which are typical for this sort of product. All indications are subject to progressive changes.
Delivery terms and conditions (1) I. Offer The documents, which belong to the offer such as illustrations, drawings, weight and measurement information, shall only give approximate indications insofar as they are not explicitly indicated asbinding. The Supplier retains the property right and copyright to quotations, drawings and other documents. They may not be made available to third parties. For documents which the Purchaser gives to the Supplier, the Purchaser carries the full responsibility to the Supplier in view of theinfringement of commercial trademark rights of third parties. The Supplier is committed to making confidential plans from the Purchaser available to third parties only with the consent of the Purchaser.
II. Scope of the delivery, requirement of written form The Supplier’s written confirmation of the order is binding for the scope of the delivery. Partial deliveries are permitted. The Supplier will only make samples available for additional billing according to the respective valid prices. Additional agreements and changes in the contract require written confirmation from the Supplier.
III. Excess deliveries and short deliveries, call orders Excess and short deliveries are permitted up to 10%. Call orders are to follow within 6 months. They will be billed according to the supplier’s respective valid price.
IV. Price and payment The prices are valid ex works including loading in the factory butexclusive of packaging if no other agreement has been made. VAT is added to the prices for the respective legal sum. As long as nothing else has been explicitly agreed upon, payments are to be made free Supplier’s domicile at latest 30 days after the billing date, also with partial shipments. Withholding of payments or the set-off due to any counterclaims of the Purchaser which are disputed by the Supplier are not permissible.
V. Delivery time The delivery deadline is adhered to if the goods have left the factory by expiration of the deadline or if the readiness for shipment has been communicated. The delivery deadline will be extended accordingly during measures within the scope of work disputes, in particular strike and lockout as well as the occurrence of unforeseen impediments beyond our control provided it can be proven that such impediments have substantial influence on the production or delivery of the goods. This is also valid if the circumstances occur with sub-suppliers. The circumstances referred to are also not under the control of the Supplier if they result during an already present delay. The beginning and end of such an impediment will be communicated to the Purchaser by the Supplier in important cases as soon as possible. The delivery deadline will be met provided that the Purchaser has met his obligations.
VI. Retention of title The Supplier reserves ownership of the goods until all of the Supplier’s claims against the Purchaser from the business obligation including claims which will result in future from contracts concluded at the same time or at a later date are paid. This is also valid if individual or all of the Supplier’s claims are incorporated in a running account and the balance is drawn and recognised. If the Purchaser acts contrary to contract, in particular in the case of default of payment, the Supplier has the right to take back the goods after setting a reasonable deadline. With the retraction as well as with garnishment of the goods by the Supplier, withdrawal from the contract is only possible if the Supplier explicitly declares it in writing insofar as the Consumer Credit Law finds no application. In case of garnishment or other intervention by third parties, the Purchaser is to inform the Supplier immediately in writing. The Purchaser is entitled to resell the goods within the framework of normal business transactions. The Purchaser already cedes all claims which result to the Purchaser from further sales against the buyer orthird parties for the amount of the invoice value of the conditional commodity to the Supplier. The Purchaser is entitled to collection of these claims also after the transfer as long as he acts in accordance with the contract and no insolvency exists. The authority of the Supplier to collect claims himself remains unaffected. However, the Supplier commits himself to not collect the claims as long as the Purchaser properly meets his payment obligations to the Supplier and no insolvency exists. Otherwise the Supplier can request after setting a reasonable deadline for the Supplier to make known the claims ceded and the debtors, all information necessary for collection, to hand over the pertaining documents and to communicate the cessiont o the debtors. If the ceded claims against the third party debtor are included in a running account, the respective balance claim, including the final balance, is to be ceded for a sum of the proper values for the individual cession. When processing or reconstructing conditional commodity, also in connection with others objects which do not belong to the Supplier, the Supplier acquires co ownership of the new goods at the time oft he processing. For the rest, the same is valid for goods which result from processing as with conditional commodity. The Supplier is committed to release the security he is entitled to when the invoice value of the conditional commodity exceeds the claims secured by more than 20% so far as these have not yet been paid. If a liability of the Supplier regarding the bill of exchange is created in connection with the payment of the contract price by the Purchaser, the retention of title including its agreed upon special forms and other securities agreed upon for payment security does not lapse before honouring the bill of exchange by the Purchaser as drawee.
VII. Liability for material defects and defects in title of the delivery
The Supplier is liable for material defects of the delivery with exclusion of further claims without prejudice to clause IX, 3 as follows:
All parts which show a material defect within 12 months after delivery due to a circumstance existing before the passing of the risk are to be improved upon or delivered again at the reasonable discretion Supplier without charge. The determination of such defects is to be immediately reported to the Supplier in writing.
RHOMBUS Rollen Holding-GmbH / AGB Stand April 2009 Lieferbedingungen Räder und Rollenindustrie
Delivery terms and conditions (2) Claims for material defects (no matter what the legal grounds) expire in 12 months. This is not valid if the defect concerns a building or objects for a building and these have caused the material defect. Deviating from sentence 1, the legal deadlines for claims according to the Product Liability Law as well as with intentional or malicious conduct are valid. No guarantee is made for damages, which have resulted from the following: Improper uses, faulty assembly by the Purchaser or thirdparties, natural wear, faulty or careless treatment, chemical or electrical influences, as long as they cannot be traced back to fault of the Supplier. Replaced parts become property of the Supplier. With improper changes or improvements made without the approval of the Supplier on the part of the Purchaser or third parties, liability for the results is excluded. Further claims of the Purchaser, in particular a claim for compensation for damages which did not result from the objects delivered, only exist - with gross negligence - with violation of the essential contract duties insofar as reaching the purpose of the contract is endangered in view of foreseeable damage typical for this contract. - with defects which were maliciously kept secret or the absenceof which was guaranteed by the Supplier. For the rest, liability is excluded. In case of defects in title, the following provisions apply: As far as nothing else has been agreed upon, the Supplier will make his delivery free of trademark rights and copyrights of third parties domestically. If a corresponding infringement in trademark rights exists nevertheless, the Supplier will either obtain a corresponding right to use from third parties or modify the delivery object to such an extent that an infringement in the trademark rights no longer exists. Insofar as this is not possible for the Supplier under reasonable conditions, the Purchaser as well as the Supplier has the right to cancel the contract. If defects in title exist, the conditions of this clause VII are valid accordingly whereas claims of the Purchaser only exist if he has immediately informed the Supplier in writing about possible claims of third parties, does not directly or indirectly recognise an alleged act of infringement, all defence possibilities for the Supplier remain intact without restrictions, the infringement is not based upon the Purchaser changing the delivery item or not using it in a manner which is not according to the contract or the defect in title cannot be traced back to an instruction given by the purchaser. The restriction of the provisions under VII does not apply to Supplier’s liability based on wilful conduct, for warranted qualities, death, bodily injury, damage to health or under the Product LiabilityAct.
VIII. Liability for accessory obligations
If the goods cannot be used by the Purchaser according to contract due to a fault on the part of the Supplier as a result of neglect or incorrect performance of suggestions or consultations which werebefore or after conclusion of the contract as well as other contractual accessory obligations, the regulations of clauses VII and IX correspondingly apply to the exclusion of further claims of the Purchaser.
IX. Right of the Purchaser to withdrawal and reduction of the purchase price, other liability of the Supplier If delay of delivery in the sense of clause V exists and the Purchaser sets a reasonable extension period to the Supplier who is in delay with the explicit statement that he will reject acceptance of the delivery when this period expires and if the extension period is not held to, thePurchaser is entitled to withdrawal. The Purchaser has a right to withdraw from the contract if the Supplier allows a reasonable extension period given to him for the improvement or replacement regarding a material defect to elapse with no results. The Purchaser’s right to withdraw from the contract also exists in other cases of failure to improve or supply a replacement by the Supplier. In the case of an irrelevant flaw, the Purchaser is simply entitled to a reduction of the price. Further claims of the Purchaser only exist in the cases mentioned inclause VII, 6. For the rest, further claims, in particular to cancellation or reduction of the price as well as compensation for damages which did not emerge from the goods themselves are excluded. The personal liability of the legal representatives, employees and the Supplier’s agents for damages caused by them in the scope of operations for the Supplier exist only if the damages caused were deliberate. Personal liability is excluded for all other instances.
X. Cost of tools Tools will be billed separately. Through payment of the share of costs for the tools, the Purchaser does not acquire a claim to the tools. They remain the property of the Supplier. The Supplier commits himself to keep the tools for the Purchaser for one year after the last delivery. After this time, the Supplier can dispose freely of the tools. In view of the costs of tools for contracts which do not come into being, the Supplier reserves the right to invoice the resulting costs. The following will be invoiced - the costs for the first set of tools before release of the sample - the costs the entire scope of the serial tools, special devices and gauges after release of the sample according to the extent of the planned monthly requirement The prepared and invoiced tools remain for inspection for 4 weeks and will then be scrapped. The Purchaser has no access to the operations drawings and construction drawings of the tools.
XI. Old goods
The disposal of old parts and other objects which are no longer usable is the responsibility of the Purchaser. Insofar as legal requirements have been issued which designate something else, the Purchaser is required to reach a reasonable agreement with the Supplier in view of recycling. It should be assumed that the contract partners will use third parties for fulfilment of the recycling duties.
For all disputes which may arise from the contract, if the Purchaser is a fully qualified merchant, a legal entity under public law or a specialas set fund under public law, the suit is to be brought to the courtwhich is competent for the headquarters or the branch office of the Supplier. The Supplier is also permitted to bring a suit at the headquarters of the Purchaser.
Colson Rollen GmbH / AGB Stand April 2009 Lieferbedingungen Räder und Rollenindustrie