General Terms and Conditions for the Sales
Scope of Application
The PERI terms and conditions apply for all services performed within the scope of ongoing business relationships and also to any services that are performed in the future, even if these conditions have not been expressly agreed upon on again. Additionally, the current valid version of PERI’s price list at the time of the completion of the contract shall apply.
The PERI general terms and conditions apply for all contractual relationships. Additionally applicable:
In the case of a “Buy Back” contract, where PERI will purchase a predetermined quantity of material based on a predetermined price after a predetermined period, a separate contract shall be agreed upon, but the PERI Terms and Conditions shall still apply.
A separate rental contract will be issued with PERI terms and conditions.
Unless another arrangement has been expressly agreed upon in a contractual agreement, only the terms and conditions mentioned in Section 1 shall apply. Other regulations, in particular the client’s own terms and conditions will not form a part of the contract, even if PERI has not expressly stated its objection to this.
Conclusion of the contract
Bids made by PERI are subject to confirmation. A contract shall only exist when PERI has issued a written order confirmation. The scope of services performed by PERI will be determined by the written order confirmation and annexes. Ancillary agreements and alterations require written confirmation from PERI.
PERI shall not be obliged to provide guarantees or performance guarantees, in particular monetary performance guarantees.
PERI will not participate, even partially, in a contractor’s insurance policy.
The client must make the following available for PERI’s use, free of charge: the necessary storage and working space on the construction site, access routes and connecting lines, cranes and hoisting devices, tools and water and energy connections. The client shall bear the cost for such provisions.
PERI shall store personal data in accordance with the legal requirements.
If individual conditions of the PERI terms and conditions of business become ineffective, this will not affect the remaining conditions.
All disputes arising from the contractual relationship shall be subject to the exclusive jurisdiction of the Courts of Mumbai, Maharashtra. The contract shall be governed and construed according to the laws of India. PERI reserves the right to bring legal action at the purchaser’s own legal place of jurisdiction.
Prices for material are ex-Mumbai.
Invoicing will be based on PERI’s prices on the day of delivery, as well as the number of units or amount of material delivered, irrespective of the contractual or financial arrangements made prior.
If there is an increase in the price of materials or raw materials, wages and salaries and production costs or due to Government control or action between the completion of the contract and the delivery, PERI is entitled to increase the agreed prices accordingly bearing in mind any possible decreases of prices in other categories. On request, PERI must provide evidence of any price increases to the purchaser.
Terms of payment
Payment to be made by either
Any terms of Payment contrary to the above methods are only valid when specifically agreed upon by PERI in writing.
The purchaser is not entitled to any rights of retention unless the counterclaim on which the right of retention is based is either legally valid or has been agreed upon by PERI. In this case the right of retention will become due one month after the announcement of its assertion by the customer.
Offsetting is permitted only against payment claims recognized by PERI or that have been legally determined.
Claims of any nature against PERI can only be transferred by the purchaser to third parties with PERI’s written consent.
With the payment of the first installment, the Value Added Tax and any other taxes or duties, as the case may be, for the complete payment, are due.
The purchaser shall be liable for all expenses, loss, damages or any other expenses incurred by PERI due to the failure on the part of the buyer to perform any of the terms and conditions of the contract.
Excise Duty, Sales Tax & Other Taxes & Levies
Excise Duty shall be charged at the rate as prevailing on the date of dispatch. Any variation in the rate due to governmental action shall be to purchaser’s account.
Sales Tax shall be charged at the applicable rates at the time of estimated / actual delivery of the material. PERI’s sales tax registration numbers are:
Any other taxes or levies imposed either by Central or Local Government or any other public authority shall be borne by the purchaser.
Any Entry Tax and Octroi applicable at the material’s delivery location shall be borne by the purchaser.
Retention of Title
Risk of the delivered items
Risk of damage to or loss of the Delivered Items shall pass to the Customer:
Retention of Title
Fiduciary basis as bailee
Sub – sale
Peri’s right to re-possession of Delivered Items
Negative Pledge of the Delivered Items
Action by third Parties
Non-Payment of a Payment Obligation
If the purchaser falls into arrears and no progress is made within a period of two weeks, PERI is entitled to make all receivables payable.
If the purchaser defaults in paying any outstanding sums, PERI is entitled to either suspend or cancel all further deliveries towards the specific order or any other outstanding deliveries or services resulting from the business relationship with the purchaser until payment is made in full.
If PERI withdraws from the contract as a result of the non-fulfillment of a payment obligation or as a duty violation by the purchaser, or if delivered products are returned for other reasons resulting from the retention of title, the purchaser must pay the value of the surrender for the time when it was in possession in the form of an appropriate compensation for use.
The payment may not exceed the purchase price. In addition, damages must also be paid for the expenses incurred as a result of the contract. The right to claim for damages remains reserved.
For sale of new products
For sale of used products
PERI accepts liability for defects that occur in the assembly work within the framework of the assembly or third party liability insurance that it has taken out. The sum insured will be set based on the object in each case. The customer will be informed of the sum insured upon request.
In the case of breaching of significant contractual obligations, PERI is also liable for cases of gross negligence on the part of non-managerial employees, as well as for cases of slight negligence. In cases of slight negligence, liability is limited to the typical contractual reasonably foreseeable damages. Significant contractual obligations in the abovementioned context exist if the release from liability relates to an obligation whose achievement is necessary to even allow the further fulfillment of the contract and whose achievement the purchaser can regularly rely on.
Any other liability, irrespective of the legal grounds, in particular for compensation for damages that do not occur to the delivered item is excluded.
PERI does not accept liability for the consequences of defects for which it provides no guarantee.
Unless otherwise agreed, the time limit for claims by the purchaser that arise against PERI on the occasion of and in connection with the delivery of the goods is 1 year after the delivery, irrespective of the legal grounds.
PERI has the right to post advertisements of an appropriate size for the company and its products at visible positions on the construction site where the delivered material is used or intended to be used.
PERI also has the right to photograph the objects and use these in PERI advertising (catalogues, brochures, reference lists, etc.), including the name of the client.
The costs for the statistical measurements and planning services are to be borne by the customer unless specifically stated otherwise in the contract.
PERI accepts liability for the engineering and statics services that it performs only in the case of direct damage to the building.