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Article 1. General
These terms apply to any tender offer and agreement between Taco-Motos, hereinafter referred to as "User", and a Party to which user has declared these conditions applicable, insofar as these conditions are not parties explicitly and in writing .
These conditions also apply to agreements with user, the execution of which user services of third parties.
These general conditions are also written for the employees of User and its management.
The applicability of any purchase or other conditions of the other party is explicitly rejected.
If a or more provisions in this general Conditions on some time whole or partially void are or destroyed were be than remains the moreover in this general Conditions some fully of application. User and the Counterparty will then in consultation act so new provisions to replacement of the void or destroyed provisions match to come, which much as possible the goal and the scope of the original provisions in eight is taken.
If uncertainty exists regarding the interpretation of one or more provisions of these terms, then the explanation must be found "in the spirit of these provisions.
If there is a conflict between parties that do not occur in these general conditions, then this situation should be assessed in the spirit of these terms and conditions.
If User does not always demand strict compliance with these conditions, does not mean that its provisions do not apply, or that user to any degree would lose the right to otherwise demand strict compliance with the provisions of these terms and conditions.
All bids and offers of user are free, unless the offer a deadline for acceptance. A tender offer expires if the product on which the offer or the offer relates, in the meantime no longer available.
User can not have bids or offers will be taken if the other party can reasonably understand that the bids or offers, or any part thereof, an obvious mistake or error.
In a bid or offer prices are inclusive of VAT and other taxes and any government under the contract costs, including travel and subsistence, postage and handling, unless otherwise indicated.
If the acceptance (or not to subordinate items) from the tender offer or the offer included User is not bound. The agreement is not in accordance with said deviating acceptance, unless user indicates otherwise.
A compound quotation shall not oblige user to execute part of the assignment against a corresponding part of the price. Offers and tenders shall not automatically apply to future orders.
Article 3 Contract Term; delivery times, execution and change agreement; price
The agreement between User and the Other is for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
For the completion of certain work or supply certain cases a period agreed or specified, this is never a deadline. Beyond a term is the Other User accordingly in writing to. User is a reasonable time to be offered to implement the agreement.
User has the right to have certain work done by others.
User has the right in different phases to implement and thus part billed separately.
If the agreement is implemented in phases, User can implement those parts to the next stage until the other party the results of the preceding stage in writing.
If user requires information from the other party for the implementation of the agreement, captures the execution time not earlier than after the other party it is accurate and complete to the User has provided.
If during the execution of the agreement shows that for a proper implementation is necessary to amend or supplement, then parties and agreed to amend the agreement. If the nature, scope or content of the agreement, either on request or indication of the Other, to the competent authorities et cetera, are modified and the agreement would be qualitatively and / or quantity is changed, this may have consequences for what was originally agreed. This may initially agreed amount be increased or decreased. User will it as much as possible quotation do. By amending the agreement may specify the initial period of implementing change. The other party accepts the possibility of amending the agreement, including the change in price and time of execution.
If the agreement is amended, including an addition, User is entitled to them first to give agreement after it is given by the user within the authorized person and the other party has agreed to implement the price and other conditions, including understood the then determine when it will be implemented. Failure or delay execution of the amended agreement also provides default of User and the Other is no reason to terminate the agreement.
No so in Failing to come, can User a request to change of the agreement refuse if this in quality and / or quantitative respect result would can have eg for the in that framework to perform work or to supply business.
If the other party in default should be in the proper performance of which which he held towards the User, then the other party liable for any damages (including costs) on the side of User thereby directly or indirectly.
If the User at the conclusion of the contract a certain price, then User under the following circumstances shall nevertheless be entitled to increase the price, even if the price were not given subject.
- If the price is the result of an amendment to the agreement;
if the price results from a to User accruing power or a on User resting obligation pursuant the law;
In other cases, this with that understanding that the Counterparty that not acts
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