GENERAL CONDITIONS FOR RECEIVING OFFERS FROM
PMI Production Machinery International GMBH,
Scheibenstr. 61, 40479 Düsseldorf / Germany
These conditions and regulations are applied to all offers from our customers, agents, subagents, contractors, subcontractors, commissioners, transport companies, buyers and final buyers are receiving from PMI or from PMI s agents, representatives or any other company or person on the letterhead of PMI:
The offers submitted from PMI are negotiable only with PMI management. Agreements are valid after undersigning through PMI. PMI has the right of prior sales of each project.
PMI is acting as seller of the production units and machines and not as commissioner or intermediary between the original owner and the final buyer.
Buyer or receiver of the offers on the letterhead of PMI is well informed that PMI has made a substantial effort and investment in order to cover the specific demand of the industry in the different fields (please study: www.pmi-gmbh.com).
Therefore, it is strictly forbidden to have any direct or indirect contacts to the original owners of the units in order to buy the units to any lower price, or submit offers for dismantling, re-erection, or offer any services related to our projects. This strict regulation is valid for our customers, agents, subagents, erection companies, transport companies, packing companies,…, or howsoever receives offers on the letterhead of PMI.
In case of any steps towards contacting the original owner of the units, with or without success, with attempt to buy or to negotiate and later even to buy from PMI, we will arise a conventional PENALTY FEE OF 30% based on the total price offered on our letterhead. All negotiations are strictly to be done through PMI.
This regulation shall protect the rights of PMI to be misused through buyer, agents, re-sellers, erection, dismantling, packing and transportation companies.
Using of our letterhead, offers in copy, Homepages is strictly bounded to the written and signed confirmation of PMI.
Engineering, erection, packing, re-erection…, transport and buyer companies are NOT allowed to submit any offers between each other, if the project is for the first time offered from PMI.
The first refusal right for any party is existing, so that the partner, who will receive the offer, can refuse the offer in advance or latest 2 days after receiving of the offer. In such a case that party must make in written clear, from which sources or company such an offer is already been received.
Just pure refusal is not enough. The refusal must be given along with the documents, which make clear, which company has already submitted the offer. In case such a document is prepared after receiving of offer of PMI the conventional PENALTY OF 30% will be applied.
Right to dismantle and store to the costs and charges of the buyer: In case buyer can or will not dismantle the units on the agreed time, PMI is permitted and authorized to dismantle and store the goods on the costs and charges of the buyer. Later PMI can decide to re-sell the units to any third party in order to cover the above charges or to send the units to the customer on the costs and charges of the buyer.
PMI is also authorized to scrape the units, if the buyer can or will not dismantle and remove the units from the site. The costs for the scrapping will be covered from the buyer.
On all offers of PMI the German law will be applicable. Place of court is Düsseldorf / Germany.
The above “General Conditions” is a firm content of all offers submitted from PMI and applicable to all parties involved in the projects of PMI (Engineering, Coding, Dismantling, Re-Erection, Transportation Companies.
Production Machinery International GMBH