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COLOP is entitled at its own discretion to make the best possible use of the retained goods taken back in favour of corporate customers. Payments 8. All payments must be made exclusively in Euro. Unless otherwise agreed, the purchase price must be paid within 30 days of the date of invoice.
Any prompt payment discount that may have been agreed is also conditional upon all previously due invoices being paid. Where necessary, agreed bonuses, discounts and similar items in favour of corporate customers may be linked to full payment being received on schedule, i. The legally stipulated rate of penalty interest applies to payment arrears, irrespective of a reminder being send, or of culpability on the the part of the customer.
COLOP reserves the right to petition for further damages resulting from arrears in payment by consumers as defined in Austrian consumer protection legislation. In the case of customers however, such cases need to be negotiated individually. If a corporate customer goes into payment arrears in the context of other contractual arrangements with COLOP, COLOP is then entitled in relation to corporate customers without the need to extend payment deadlines to suspend fulfilment of COLOP obligations arising from this contract until the customer fulfils his payment obligations.
Furthermore, COLOP is then entitled to call in all receivables from the customer for services already rendered from the current business relationship. In relation to customers who are consumers as defined in Austrian consumer protection legislation, any arrears must have been due for payment for at least six weeks, and COLOP must have served the customer an extended reminder of at least two weeks without success, having also threatened the above outcome. The customer is only entitled to offset payments due against receivables due where those counter-claims have been upheld in court, or recognised by COLOP.
Where the customer is a consumer as defined in Austrian consumer protection legislation, the authority to offset payments against receivables is granted provided that those counter-claims have legally approved status in relation to the obligation of the customer to make payment, and in the event of COLOP becoming insolvent. Additional materials supplied 9. In the event of any failure to satisfy these requirements, the delivery lead time shall extend accordingly, and by at least up to the next capacity window in the COLOP business, and the customer must reimburse COLOP for any damages arising, including damages resulting from interruptions in production, except in cases of force majeure.
COLOP shall accept no liability or warranty for devices or materials supplied by the customer, nor for any damage or poor compliance associated with the use of such devices or materials. The right of direct delivery in the event of a contractual violation by the customer In cases where goods and services that COLOP is contractually obliged to deliver to a given customer are to be supplied to or performed for a third party by the customer this third party hereinafter called the 'end customer' and where the customer commits a contractual violation towards COLOP in particular such as payment arrears or a delay in acceptance , COLOP — irrespective of the rights defined in Point 6 of this contract and irrespective of other claims by COLOP in particular compensation claims arising from a contractual violation of this kind — is entitled to supply goods and or to deliver services directly to the end customer, by-passing the customer of COLOP.
In such cases, the delivery of goods or services to the customer are deemed to have been performed, when rendered instead to the end customer. Warranty The naming of a typical application specifically does not mean that a defined product is suitable for this application. Reference is made to Point 2.
The point established here only applies to corporate customers. Without exception, agreed properties as defined in accordance with Section 1 ABGB only apply to properties that were explicitly agreed in writing. Compliance with other properties is thereby legally excluded to the fullest extent possible.
The point established here Any warranty for habitually presupposed properties as defined in Section 1 ABGB is legally excluded to the fullest extent possible. Unless otherwise explicitly agreed, COLOP accepts no liability or warranty for any defined period of use for supplied products.
Unless otherwise agreed, material of average quality grades is used for processing; it is a matter for the customer to specify better materials and processing methods, as well as tighter tolerances, for components subject to particularly high loadings, and where it is deemed necessary to do so.
In favour of corporate customers, warranty extends across the board to the fulfilment of contractual obligations of the customer in favour of COLOP from related contracts and other contracts. The warranty period in favour of corporate customers extends for six months from the date of handover. The timing of this handover, in the absence of any agreement to the contrary e. Investigations into a defect alleged by the customer do not constitute recognition of the defect being alleged by the customer.
To remedy a defect, COLOP shall be accorded the right by the corporate customer to make at least two attempts. If the allegations of a defect made by the customer are not justified, the customer is obliged to reimburse COLOP for the costs incurred to determine freedom from defects or to take remedial action.
The corporate customer must always provide evidence that the defect was already present at the time of handover. The corporate customer is obliged to examine carefully all goods and services provided by COLOP immediately after the time of handover, and by no later than the time of acceptance testing or handover to the customer. Defects in the goods or services being provided and that the corporate customer has detected in the normal course of business at the acceptance testing or handover stage by conducting an inspection, or ought to have detected, must be notified to COLOP in writing immediately and by no later than two days after the date of handover.
Concealed defects must also be notified to COLOP within this reasonable period of time after detection. If a defect-related claim is not submitted in time, the goods or services in question are deemed to have been approved. Any use or processing of the defective item that pose the threat of more extensive damage or that make it difficult or impossible to evaluate the cause must be terminated immediately by the customer unless such a course of action could not reasonably be expected.
The defective delivery or samples of it - to the extent that this is economically viable - must be returned to COLOP by the corporate customer. Warranty cover is excluded if the technical systems of the customer are not in technically optimum and operational condition, or are not compatible with the items supplied, if this circumstance is the cause of the defect.
Liability Due to the violation of contractual or of pre-contractual obligations, in particular non-feasibility, delay etc. In respect of corporate customers, the limitation periods defined in Section ABGB shall be shortened so that compensation claims lodged against COLOP must be argued in court after six months from awareness of damage and cause of damage, and by no later than three years after conclusion of contract in relation to other statutes of limitation.
In relation to corporate customers, liability, regardless of the legal reason for liability contract, dereliction of duty, absolute liability or some other legal reason shall be restricted, where legally permitted, to the lower of the following two amounts: a the actual amount of coverage of any public liability insurance taken out by COLOP or b the order value of the contract, the obligations of which have been violated by COLOP.
This restriction also applies in relation to the damage to a physical item that COLOP has accepted for processing. Except in the case of conflicting provisions in this TCB, all liability of COLOP towards the customer for production downtime, loss of profits, loss of use, contractual impairment or any other form of consequential damage shall be excluded.
This liability exemption also covers all claims that may arise in favour of the employees of COLOP, representatives and agents as a result of damages inflicted on the customer without reference to a contract existing between COLOP and the customer. The liability of COLOP is excluded in respect of damages caused by improper handling or storage, excessive strain, failure to follow operating and installation specifications, defective installation, commissioning, maintenance or servicing by the customer or by third parties not authorised by COLOP, or natural wear and tear if the damages resulted from such an event.
The liability waiver also applies to any failure to carry out necessary maintenance, unless COLOP accepted a contractual obligation to perform maintenance work. If and to the extent that the customer can avail itself of insurance cover for damage for which COLOP is liable from its own indemnity insurance or that of a policy taken out in its favour e.
Customer's obligation to cooperate The obligation of COLOP to provide a service begins as soon as the customer has established the technical and legal prerequisites for performance described in the contract or prior to conclusion of contract where the information provided to the customer was redrafted, or if the customer should be aware of this on the basis of relevant technical expertise or experience.
If the customer fails to comply with this obligation to collaborate — only in respect of the resultant incomplete performance of service arising as the result of the customer providing incorrect details - the service rendered by COLOP is then not defective. The customer is required at his own expense to obtain the requisite approvals from third parties as well as messages and consents from government bodies. It is the responsibility of the customer to ensure that, when the consultancy assignment is carried out at his business premises, the organizational framework conditions allow the consultancy process to be conducted speedily and with a minimum of disruption.
The customer shall ensure without having to be specifically requested that all documents necessary for the performance and completion of the consultancy assignment are made available to COLOP, and also that COLOP is kept apprised of all events and circumstances that are of significance to the completion of the consultancy order. This also applies to all documents, events, and circumstances which first become apparent over the course of the work of COLOP.
For the sake of clarity, it is established that COLOP is not obliged to examine the content or graphic aspects of the specifications produced by the customer, and in particular not the text panels designed by the customer or produced to customer template, and that no such examination is conducted on a regular basis.
The customer therefore provides an assurance that the specifications made by him, in particular those designed by him or made available as a template in the form of text panels are entirely compliant with legislation, and in particular to not infringe any applicable law, nor the property rights of third parties e.
The copyrights on works created by COLOP and by its employees and by any third parties engaged by COLOP in particular bids for tender, reports, analyses, expert opinions, organisational plans, programs, performance reports, drafts, computations, drawings, data carriers shall remain with COLOP. During and after the contractual relationship, they may only be used for purposes covered in the contract. Under no circumstances shall COLOP bear liability for any unauthorised reproduction or dissemination of the work to third parties - in particular in respect of the accuracy of that work.
The use of documents of this kind other than intended use, and in particular the dissemination, reproduction, publication and provision to others, even of partial copies, requires the explicit consent of COLOP. The customer also undertakes to observe confidentiality towards third parties in respect of the knowledge he acquired during the business relationship. Third party property rights One of the goals of the new Commission is to find an agreement on the new pact on asylum, based on the principles of solidarity and the right to asylum.
The adoption of this new legislation may take years but, fortunately, we already have a lot of rules in place, which, if they were implemented correctly, would already harmonise our system. I would like to know what the Presidency will do to promote compliance with the current asylum acquis by all the Member States.
You know, one of the core violations taking place at the moment is push—backs, allegedly taking place at many borders of the EU Member States. I investigated these practices as a rapporteur for the Parliamentary Assembly of the Council of Europe and, in that regard, I also visited the Croatian border with Bosnia.
I was really overwhelmed by the number of well—documented cases and complaints about the brutal violence taking place and also the structural denial of access to an asylum procedure. Do you admit that this is taking place and what steps does the Croatian Government intend to take in order to achieve a complete ban of these practices and combat these practices in all other Member States as well?
Geert Bourgeois ECR. Zet dus in op innovatie, op onderzoek en ontwikkeling, op digitalisering. De wereld wacht echt niet op ons. Twee, bescherm inderdaad de burger. U vermeldt terecht de rechtsstaat, maar zet ook in op grensbewaking, versneld, niet wachten tot Tot slot, akkoord met uw perspectief voor de Westelijke Balkan. Ik wens u alle succes met uw voorzitterschap. Alexandra Lesley Phillips NI.
Welcome, Prime Minister. The vision for the EU over the next six months is simply astonishing: more cash to prop up weaker economies; open borders with two more countries — Albania and North Macedonia; and an ambition to keep the UK shackled to EU rules.
Why on earth would we want to do that? If those policies were not bonkers enough, you want Croatia to also join the failing single currency. You would be locking your country and your people inside an economic prison and only the ECB would have the keys to set you free. Keep the kuna. As Brexit has shown, citizens want freedom, not being dictated to by a faceless superstate. Bienvenido a casa, Andrej. Confunden a nuestros amigos y aliados, reducen nuestra credibilidad y abren la puerta para que otras potencias con intereses oscuros ocupen nuestro lugar.
Me ha gustado el plan presentado para la Conferencia sobre el Futuro de Europa. El nacionalismo es el enemigo de la paz. Debemos respetar la independencia de jueces y tribunales. Debemos atender y respetar las resoluciones de jueces y tribunales. Y este Parlamento tiene que aceptar las resoluciones de jueces y tribunales, y si quiere reconocer que respeta el Estado de Derecho tiene que atender a las peticiones de los jueces y tribunales. Nedavno odbijanje otvaranja pregovora sa Sjevernom Makedonijom i Albanijom vratilo je ovu temu u fokus europskih institucija.
Maximilian Krah ID. Catalonia is today a European internal affair and will be present during the Croatian Presidency. Therefore, a political solution must be found, through dialogue and negotiation. The EU must advance to find a common democratic mechanism for self—determination. Repression cannot be an acceptable solution. You are now a model for the whole Western Balkans region.
You aim to join the euro area in the foreseeable future and Croatia fulfils all the conditions for joining the Schengen area. Croatia can be a model for the whole Western Balkans. We need two things. Firstly, we need other Western Balkan countries to deliver on reforms, and secondly, we, the European Union, need to respect our promises to the Western Balkans. Any contribution that the Croatian Presidency can make in this direction will be of historic importance.
Old priorities have been priorities for decades because they are important, not because they are outdated, and we agree together that we need to do more on new priorities: border protection, combating climate change and protecting the environment. So please stand with Parliament and tell your colleagues in the European Council that fresh priorities require fresh funding. Tell your colleagues in the European Council to put their money where their statements are, and please assure them that we are doing a lot to make sure that the EU budget is well spent.
Thank you very much. Good luck for your Presidency. Mara Bizzotto ID. Siamo stanchi delle chiacchiere inutili e delle false promesse di questa Europa: abbiamo la guerra alle porte di casa, in Libia, e l'Europa dorme. Ci sono e ci saranno nei prossimi mesi ondate di immigrati clandestini pronti a sbarcare in Italia, e l'Europa fa finta di nulla. Cos'altro deve succedere? Cosa state aspettando? Robert Roos ECR. Dat kan niet met zonne- en windenergie alleen.
Kernenergie is dan nodig in de energiemix. In een Nederlandse krant van 9 januari jongstleden zei commissaris Timmermans over kernenergie dat het te duur is en niet duurzaam. Dat is onzin, want juist windturbines en zonnepanelen leveren over 20 jaar een berg afval op waar we geen oplossing voor hebben. Windturbines en zonneparken slopen de natuur vanwege het ruimtebeslag, kunnen niet zonder fossiele back-up en de inpassing op het elektriciteitsnet is zeer complex.
Onze investeringen moeten economisch verantwoord zijn en energie moet betaalbaar zijn om de competitie met de Verenigde Staten en China bij te kunnen houden, want anders verliezen we werkgelegenheid. Ik doe een dringend beroep op het Kroatisch voorzitterschap om kernenergie op de agenda te zetten. Herbert Dorfmann PPE. Het wordt een cruciaal jaar. Meerdere mensen hebben het al gezegd, maar we weten dat de brexit snel dichterbij komt.
Ik denk dat we niet mogen vergeten dat de brexit heeft kunnen plaatsvinden omdat gewone mensen zich niet gesteund voelden. We moeten grote stappen maken om tot een duurzame, sociale en ambitieuze meerjarenbegroting te komen. Helaas lopen de onderhandelingen nog niet al te soepel. Van het Kroatisch voorzitterschap wil ik daarom weten hoe het gaat zorgen voor voldoende middelen om de sociale pijler, ook genoemd door de premier in zijn bijdrage, te implementeren.
Zeker nu het voorzitterschap inzet op sociaal verduurzamen, omdat niemand mag achterblijven. Europa moet streven naar sociale vooruitgang en ik wens u in uw nieuwe rol heel veel succes. Paulo Rangel PPE. At the beginning of your speech you have mentioned three topics. The first one is MFF, the second, Brexit and the last, enlargement.
I consider these topics as being well chosen, as the most important as a matter of time urgency. First of all we need to create stability in European finances. But there is something even bigger. She also has mentioned, together with Manfred Weber, your experience. And I guess all this is needed to do something even bigger than the files: to build a sense of cooperation, to build an agreement and make our unity of the European Union stronger.
I wish you all the best in this. Od tega bo prihodnost odvisna tudi za schengenski prostor. Andrius Kubilius PPE. Your Presidency is also very important because of its very high symbolic value. Croatia is a most convincing example of the European miracle and power to bring stability and prosperity into its neighbourhood through enlargement.
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Support and Resistance give you a trading strength where you can easily follow the Forex trading market. When the sellers supply become more powerful and aggressive than the buyers demand , the result is a subsequent price decline from the peak. A resistance level becomes a resistance zone when more than one resistance level occurs at roughly the same price.
Prices rarely rise and stop at exactly the same level. A single, high-volume price peak often defines a resistance level, but even then, because the high volume, especially if preceded by a sharp price rise, is a sign of speculation and emotion, the price where large sellers actually began to enter the market is not clear. At the support level, buyers become as powerful or aggressive as sellers and stop a price decline.
The concept of support and resistance presumes that in the future, prices will also stop at these recorded levels or zones, and that they represent a remembered psychological barrier for prices. The zones will carry through time and become barriers to future price action. Not only will the zones carry through time, but also once they are broken through, they will switch functions: Previous support will become resistance, and previous resistance will become support.
Although scientists work there, people seem to be intelligent and intelligent. Yes, and they work on supercomputers, which are thousands of times more powerful than ours. Why do misses happen? And mathematics is an exact science. You cannot insert the element of surprise into it, which is always present in the market. Is it possible to say the same about forex? For technical analysis, only one parameter is needed — these are quotes.
One sign is not enough. It is also necessary to take into account the psychology of behavior in the market, unexpected information terrorist attacks, natural disasters, economic data, loud statements by politicians, etc. The result of any technical analysis is again a set of data, which also needs to be interpreted correctly. Therefore, whether or not to use technical analysis in your trading is up to each individual.
Each of you will decide this for yourself, depending on which trading system you choose and what it will be based on. It will also play a role, and what kind of trading you prefer — short-term or long-term. Fundamental analysis Analysis of the forex market is not limited to technical analysis, there is another type — fundamental.
The meaning of this analysis is to assess the possible impact of various kinds of events on the movement of exchange rates. In a word, fundamental analysis analyzes the economic and political state of countries whose currencies are present on the forex market. We can say that if the news or data is favorable and with all its appearance shows that everything is going well in the country, then, as a rule, the rate of the national currency rises.
While vice versa — falls. If you use fundamental analysis in your trading, then you must know the most important outgoing news that will greatly affect the movement of the currency. Namely: change in the interest rate on loans of the Central Bank various news related to transactions with securities US unemployment data, etc.
The strongest movements, of course, are caused by changes in interest rates. Their increase will be characterized by large upward movements, due to the appreciation of the currency, and their decrease will be characterized by a depreciation of the exchange rate and a huge move down. Also, the rate can be left unchanged, which will practically not affect the market in any way. All information on upcoming news and events can be found through various news agencies.
Like Bloombery, Dow Jones, Reuters. Today you do not need to look for this information yourself. As a client of any dealing center or brokerage company, you will automatically be supplied with all the necessary information. So you, as a speculator, will always be aware of all events. Moreover, all the necessary news will be indicated with the date and time when they come out.
However, it is worth remembering 2 nuances: Next to the news, there are forecasts of major analysts about the expected expectation of the news. Very often the news comes out with discrepancies in forecasts. Therefore, all those figures that are near the news in the forecast column should simply be taken into account, but not a signal for action. Sometimes events can occur in a country that cannot be predicted in advance by military operations, natural disasters or terrorist attacks.
This is also directly related to fundamental analysis. And such events have a strong impact on the currencies of any country where it happened. Neither the degree of influence nor the timing of such events can be known. Thus, thanks to them, you can get into a loss or make money if you accidentally guessed on the side of entering the market.
However, practice suggests that a bad outcome is more possible due to the uncertainty of the situation.
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