Sales and delivery terms
General – Scope of application
These terms and conditions apply to the entire current and future business relationship with our customers. Any deviating, opposite or supplementary general terms and conditions shall not become part of the contract, even if they are known. All agreements, declarations and other information shall also require written form to be valid. This shall specifically apply to any promises from our employees, agents and other servants.
Conclusion of the contract
Our offers are subject to confirmation. Technical changes, as well as changes to form, colour and/or weight, are reserved at the reasonable scope. For production-technical changes, we also reserve reduced or additional deliveries of goods at up to 10%, charged accordingly, without advance notification. By ordering the goods, the customer bindingly declares the intention to acquire the ordered goods. We have the right to accept the contact offer in the order within two weeks after receipt by us. Acceptance can take place either in writing or by delivery of the goods to the customer. Conclusion of the contract shall take place subject to reservation of correct and timely deliveries made to us by our suppliers. This shall only apply if the non-delivery is not due to our fault, in particular when concluding a consistent coverage transaction with our supplier. The customer will be informed without delay about the lack of availability of the service. The compensation shall be reimbursed without delay. Calculations, drawing, plans and other documents that are part of the offer shall remain our property. The customer must not pass on such documents, in which we reserve all copyrights, to any third parties without our written consent.
Prices and payments
Our prices are given in EURO at the rate of the day of delivery, plus the respective statutory VAT. Freight, special packaging, insurance and other costs/fees shall be charged separately. For invoices with a goods value up to 30.00 EUR net, we shall charge a surcharge for small amounts at 5.00 EUR. Invoices shall be payable within 30 days of the date of the invoice. For payments made within 10 days from the date of the invoice, we grant a discount of 2%. Receipt of the payment by us shall be relevant for compliance with the deadlines named. In case of default, our receivable shall bear interest of 8 percentage points above the base interest rate of the Central European Bank; we also reserve the right to document and assert a higher default damage. If any older claims remain, the payments shall be initially set off against these. The customer only has a right to set-off if his counter-claims have been recognised by us, or if they have been finally determined. He must only assert his right of retention if his counter-claim is based on the same contractual relationship. The customer shall not have the right to assign any claims to third parties without our advance written consent.
The delivery shall be made for the account and at the risk of the purchaser. We reserve to choose the shipping path. Special requests in the choice of shipping path will be considered if possible. Any connected additional costs shall be at the customer’s expense. The delivery date indicated by us shall be non-binding. If we enter default of delivery, which requires a reminder from the customer with an appropriate period of notice, the customer shall be due the statutory claims. If the customer asserts damages claims, our liability shall be limited to the order vale (net) of the goods, plus 10%; notwithstanding this, we shall have the right to document that the violation of obligations is not our fault.
For defects of the goods, we shall provide a warranty at our choice initially by improvement, replacement delivery or return, against reimbursement of the purchasing price. If subsequent improvement or replacement delivery fail, the customer generally may claim, at high choice, reduction of the remuneration (reduction) or reversal of the contract (withdrawal); the withdrawal right shall, however, not apply at only minor violation of the contract, in particular in case of minor defects. If the customer chooses to withdraw from the contract, he shall not be due any additional damages claim due to the defect. If the customer chooses damages after failed subsequent performance, the goods shall remain with the customer if this is reasonable. The damage shall then be limited to the difference between the purchasing price and the value of the defective object. Apart from this, our damages claims shall be limited to twice the invoiced amount (net). The customer shall be obligated to examine the goods for quality and quantity deviations at delivery, and to report any defects to us in writing. The complaint about obvious defects shall be in time if received by us within 5 working days of delivery; complaints about concealed defects must be received by us within 5 working days after their discovery by us. The customer shall bear the full burden of proof for all prerequisites of the claim, in particular for the defect itself, the time at which the defect was found, and timeliness of the report of the defect. Any goods subject to complaint must only be returned without express consent. The agreed properties of the goods shall only be the product description from the manufacturer. Public statements, pledges or advertisements from the manufacturer shall not be any contractual indication of properties of the goods. The warranty period shall be one year after delivery of the goods.
Reservation of title
We reserve title in the goods until the complete settlement of all claims from ongoing business relationships. The customer shall be obligated to treat the goods with care. Access of third parties to the goods, e.g. in case of seizure, must be reported to us without delay; and the same shall apply to any damage or destruction of the goods. The customer must report any change of possession of the goods and his own change of residence to us without delay. We shall have the right to withdraw from the contract and remand release of the goods in case of non-contractual conduct of the customer, specifically in case of default of payment or violation of the above obligations. The customer shall have the right to sell on the goods in his proper course of business. The customer hereby assigns any claims arising for him, against a third party, from the further sale to us at the amount invoiced. We accept the assignment. After the assignment, the customer shall have the right to collect the claim. We reserve collection of the claim as soon as the customer no longer properly meets his payment obligations and enters default of payment. Processing and finishing of the goods shall always take place in our name and on our order. If processing takes place with objects that do not belong to us, we shall acquire co-property at the ratio of the value of the goods delivered by us, to the other processed objects. This shall apply accordingly if the goods are mixed with other objects that do not belong to us.
The entire business relationships, in particular the inclusion and provisions of these terms and conditions, shall be subject to German law under exclusion of the UN purchasing law, German international private law and other international purchasing law provisions. The place of performance and exclusive place of jurisdiction for all disputes shall be our registered office. If any provision in these sales and delivery terms are invalid or impractical, this shall not affect the validity of the remaining provisions.