DS-7EC WELLER, DS-7EC Datasheet - Page 96

• Manufacturer Part Number: DS-7EC
• Description: DESOLDERING ADAPTOR, FOR LR20
• Manufacturer: WELLER

Specifications of DS-7EC

• Accessory Type: Desoldering Adaptor
• Svhc: No SVHC (15-Dec-2010)
• For Use With: LR20 Soldering Iron
• Lead Free Status / RoHS Status: na

214
1. General Provisions
1.1 The conditions set for the here in below shall
apply to each order. Any other terms and conditions
shall be binding on us only if they have been confir-
med by us in writing. Should an order be performed
by us despite our being aware of other discrepant
terms and conditions, this does not constitute a con-
firmation of the application of such other discrepant
conditions.
1.2 Orders shall be executed in accordance with our
written order confirmation.This shall also apply to
customized products. Drawings, measurements and
weights indicated in the price lists constitute
approximations customary in the trade.
1.3 Quotations are not binding and are subject
to change.
2. Prices
2.1 The sales prices, terms and conditions valid on
the date of the order confirmation shall apply. If
delivery is effected more than 4 months after con-
clusion of the contract, the prices, terms and conditi-
ons valid on the date of delivery shall apply.
2.2 Value added tax in force on the date of delivery
shall be payable on top of the price agreed.
2.3 Prices are ex works or ex warehouse of our
agent including packaging, unless otherwise agreed.
3. Delivery
3.1 Orders valued at over Euro 500,- net are deliver-
ed freight prepaid within Germany or FOB German
border. The minimum order value is Euro 75,-.
For orders under Euro 75,- we charge an additional
processing fee of Euro 15,-.
3.2 Delivery is effected at the expense and risk of
the buyer from the factory warehouse or warehou-
se of our agent. The transport route and type of
transportation shall be chosen at our discretion.
At the buyer’s request the consignment shall be
insured at the buyer’s expense.
3.3 Delivery periods and delivery dates, which may
be agreed as being binding or non-binding, shall
apply subject to the precondition that production is
free of any disturbance and ade-quate raw materials
and supplies are available. Non-compliance with a
delivery date shall entitle the buyer to rescind the
contract only under the condition that the buyer has
already set a reasonable extended deadline. Setting
a deadline is dispensable, if we had confirmed a
delivery date in writing and knew that the buyer
had no interest in the performance in case of late
delivery. Our liability for damages and compensati-
on of expenditure under § 284 Civil Code (BGB)
on account of late delivery shall be governed by
Article 10.
3.4 If we are prevented from delivering because our
operating procedures or those of our sup-pliers are
disturbed in such a way as was impossible to avert
using reasonable care, or due to labour disputes or
force majeure, the delivery deadline shall be exten-
ded appropriately. If delivery should become impos-
sible as a result thereof, our obligation to deliver
shall lapse without any obligation arising for us to
compensate for damage.
3.5 We have the right to rescind the contract if the
financial situation of the buyer should deteriorate
by the delivery date, so that under the circumstanc-
es of which we become aware, punctual or comple-
te performance of the buyer’s payment obligation
does not appear likely.
3.6 Modifications in design or form by the manufac-
turer are reserved during the delivery period insofar
as the product being sold is not considerably modi-
fied and provided that the modifications are reason-
ably acceptable for the buyer.
3.7 A minimum order size is compulsory in case of
customized products manufactured on the basis of a
sample or drawing. We reserve the right to supply
15% more or less. Custom-ized products are not
returnable.
4. Objections to Defects and Complaints
4.1 The precondition for the buyer’s asserting any
and all claims on account of defects is com-pliance
with the duty to examine and object to defects set
forth in Section 377 German Commercial Code
[HGB]. This also applies in case of recourse by the
buyer in accordance with Sections 478, 479 German
Civil Code [BGB].
4.2 An objection to a defect discernable externally
General delivery conditions and terms of payment
Content
shall only be deemed effected on time if we receive
such objection within 10 days of delivery of our con-
signment to the buyer. Con-cealed defects must be
objected to as soon as they are discerned, functional
defects must be notified immediately after commis-
sioning the equipment.
5. Rights of the buyer in case of defects
(formerly warranty) In case of defects (which must
have existed at the time of passing of risk to trigger
off liability) our liability is as follows:
5.1 We shall effect subsequent performance by deli-
vering a defect-free product unless it is ab-solutely
imperative for the buyer to have the defect reme-
died and provided that it is possible for us to do so
at reasonable expense. We have to be given reason-
able time and opportunity to effect subsequent per-
formance. If we are not given this possibility we are
released from the obligation to effect subsequent
performance and to this extent from further claims
on account of defects.
5.2 If no subsequent performance is effected within
the deadline set, the buyer shall be entitled to
demand damages in lieu of performance and/or res-
cission in case of considerable defects and, also in
case of minor defects, to demand a reduction of the
purchase price in lieu of rescission. Setting a deadli-
ne as required under subsection
5.1 Above is dispensable only if we have definitively
refused to effect subsequent performance, if at least
three abortive attempts have been made to effect
subsequent performance and if, in case of delivery
not properly effected on time on a specific date, we
had confirmed a delivery date in writing and knew
that the buyer had no interest in subsequent perfor-
mance if contractual delivery is not effected on
time.
5.3 Our duty to pay damages and compensate for
any abortive expenses within the meaning of
Section 284 BGB on account of defects shall be
governed by Article 10. Further reaching claims or
claims other than those governed by this Article 5
are excluded on account of defects.
5.4 Subsequent performance and other claims on
account of defects do not extend to natural wear
and tear or to damage arising after the transfer of
risk due to faulty or careless treat-ment, excess
strain, unsuitable operating resources or which arise
due to special external influences which are not pro-
vided for under the terms of the contract, or to
improper modifications or maintenance by the
buyer.
5.4 In case of objections to defects the buyer may
only withhold payment to an extent which is com-
mensurate with the defects arising.
5.5 The buyer’s claims on account of defects shall
become time-barred one year after delivery to the
buyer. This shall not apply to the buyer’s rights to
recourse pursuant to Sections 478, 479 BGB.
5.6 We are only liable on the basis of a guarantee
given by us if the guarantee of the charac-teristics
or durability is given by us in writing and uses the
term "guarantee".
6. Returning the products
Products shall only be taken back after a written
agreement has been issued by the sales manage-
ment. The returned products must be in re-saleable
condition and in accordance with the current state
of the art. Products returned shall be issued with a
credit note for the original price less a 15% deduc-
tion for processing and transport costs.
Customized products may not be returned.
7. Payments
7.1 Invoices are payable within 14 days less a 2% dis-
count, alternatively the net amount is payable wit-
hin 30 days. No higher discount is given.
7.2 We reserve the right to charge default interest
in case of late payment.
7.3 Payments made are always offset against the
oldest invoice due.
7.4 Bills of exchange are not accepted as a means of
payment.
7.5 Payments shall be deemed effected on the day
on which we can dispose of the funds.
7.6 A right of retention or offset may only be asser-
ted by the buyer in case of claims which are expres-
sly undis puted or which have been ruled res judica-
ta by a court of law.
8. Reservation of title
8.1 We retain title to the goods delivered pending
performance in full of all claims to which we are
entitled on the basis of the business relation with
the buyer. This shall apply subject to the proviso
that the reservation of title shall expire definitively
upon each settlement of the account during the
course of the business relation and that we shall
release our security at our discretion at the request
of the buyer to the extent that the value of our
security lastingly exceeds our outstanding claims
by more than 20%. At any event we shall retain title
to the goods delivered pending complete payment
of the purchase price for the specific goods.
8.2 The buyer is only entitled to on-sell the goods
with reserved title in the normal course of business.
Pledging the goods or assigning them as security is
not permissible. The buyer assigns to us all claims to
which the buyer is entitled on the basis of the furt-
her sale of the goods with reserved title in the amo-
unt of our claim. At our request the buyer shall
advise its customers of the assignment and support
us in collecting the claims.
8.3 Loss, damage, attachment or other interference
in the goods with reserved title by third parties or
attachment of the assigned claims are to be notified
immediately. Insofar as we recover the goods with
reserved title due to danger of damage or other
improper treatment, this does not constitute rescissi-
on of the contract. Costs arising in connection with
asserting our claims shall be refunded by the buyer.
8.4 The recovery of goods or assertion of our reser-
ved title on account of default in payment constitu-
tes rescission of the contract unless otherwise
expressly stated by us in writing.
9. Impossibility
If the performance due by us is impossible due to a
circumstance for which we are responsible, the
buyer shall be entitled to claim damages. The amo-
unt of such claim for damages shall, however, be
limited to 10% of the value of that part of the deli-
very which cannot be put into per-tinent operation
due to the impossibility. This shall not apply insofar
as we are subject to compulsory liability in case of
intent or gross negligence. The buyer’s right to res-
cind the contract shall remain unaffected.
10. Liability
Claims for damages or compensation of expenditure
by the buyer (hereinafter: claims for damages), irre-
spective of the legal ground thereof, in particular
on account of a breach of duties arising from the
obligatory relation or a tortuous act, shall be exclu-
ded. This shall not apply insofar as there is compul-
sory liability for instance pursuant to the German
Product Liability Act, in case of fatal or physical
injury or damage to health, or in case of intent,
gross negligence in case of issuance of a guarantee
or in case of breach of an essential contractual obli-
gations. Damages on account of a violation of mate-
rial con-tractual obligations shall, however, be limi-
ted to foreseeable damage typical of the contract,
except in case of intent or gross negligence. In cases
other than those set forth in these terms and condi-
tions, the buyer may only rescind the contract in the
event of fault on our part.
11. Final Provisions
11.1 Insofar as these Terms and Conditions provide
for liability for fault, whether it be with respect to
damages or to rescission, only on account of gross
negligence or intent by the seller, this does not
involve any reversal of the duty of proof to the
detriment of the buyer.
11.2 If one or several of the provisions contained in
these Terms and Conditions should be in-effective,
this shall not affect the effectiveness of the remai-
ning provisions.
11.3 Place of performance for all obligations is
Attendorn, Germany. If the buyer is a registered
merchant under German law, either the courts with
jurisdiction at the place of domicile of the buyer or,
at our discretion, the courts with jurisdiction at the
registered office of the company shall have jurisdic-
tion and venue.
11.4 Our contractual relation shall be governed by
the laws of the Federal Republic of Germany.
Issued May 2003