Sale and Delivery Conditions.
General Terms and Conditions in accordance with “BGB” (Civil Code) and “HGB” (Commercial Code) German law
1. Offer and confirmation of order
The following conditions apply exclusively for all offers and orders: The prices quoted are current prices and are subject to confirmation. Orders, agreements, verbal collateral agreements, warranty of qualities, contract amendments are only valid, if they are confirmed in writing by the seller. Information of the seller about performance, operating expenses and duration of use is only to be regarded as approximate, since business experience and changing technology make it necessary for the seller to reserve the right for statements, improvements in the construction and design at his/her own discretion.
2. Price and terms of payment
The prices are ex works and are subject to confirmation. Costs for packing, loading, freight and customs, as well as the turnover tax due are for the account of the buyer. For all contracts the sales prices valid on the day of delivery apply exclusively. If an order is carried out in instalments, the sales price valid on the day of delivery will be charged in each case. If changes occur before delivery, we reserve the right to adjust the price. Please see the front of our offers/confirmation of order/invoice for the conditions of payment. All payments for deliveries and services by irrevocable letters of credit issued by a bank are to be made freely available to the supplier free of expenses before the delivery is dispatched. The agreed acceptance of the letters of credit takes place pending full payment
3. Delivery periods
Delivery periods are only binding, if they are expressly indicated as binding by the seller. The delivery period begins with the dispatch of the confirmation of order, however not before the receipt of an agreed down-payment. The delivery period is observed if, before it expires, the delivery item has left the works, or notice has been given that the item is ready for dispatch. If the agreed date of delivery is exceeded by more than six weeks, the buyer has the right to set the seller an extension of four weeks in writing. If the seller has still not delivered the purchase item after the expiry of the extended term, then the buyer can demand, with the exclusion of all other claims, compensation for provable damages, to the amount for each week of the delay of 0.5 % of the value of that part of the delivery, which cannot be used on time or as intended as a consequence of the delay, however not exceeding a total of 2% of the value.
4. Dispatch and transfer of risk
When the goods are handed over to the carrier, however at the latest when they leave the works, the risk is passed on to the buyer. At the request of the buyer, the goods will be insured at his/her costs and risk. If no specific instructions are received from the buyer, then the transport route and costs will be specified by our company as judged best, without liability for the choice and for the cheapest freight rate. If the dispatch of the goods is delayed through circumstances, for which we are not responsible, then the risk is transferred to the buyer from the date of announcement that the goods are ready for dispatch, and all liability extinguishes from this moment on.
5. Reservation of proprietary rights
Until all due debts (including balances), owed to us by the customer now or in future on any legal grounds, have been honoured, following securities will be granted to us, which, on request, will be released at our option. The goods remain our property. Processing or transformation are always for our benefit as manufacturer, however without liability for us. If our (joint-) ownership extinguishes through combination, it is agreed now that the (joint-) ownership of the customer on the uniform item is transferred to us in proportion to the value (invoice value). The customer keeps our (joint-) ownership in safe custody free of charge. Goods, for which we are entitled to a (joint-) ownership, will be named conditional goods hereinafter. For safety reasons, already at this point the customer assigns to us in full the claims arising from the resale or from another legal ground (insurance, unauthorised act) concerning the conditional goods. We herewith accept this assignment. We authorise the customer to collect claims assigned to us in his/her own name. This authorisation can be withdrawn at any time. Upon request the customer must inform us of the names of the debtors of the assigned claims and the amount of these claims, and give us any other information and documents required for the enforcement of the claims. We are authorised to make the assignment known to the debtor. In the case of violation of the contract - in particular delayed payment - on the part of the customer, we have the right to take back the conditional goods at the cost of the customer and, if applicable, to demand the assignment of the claims against third parties for the return of property. The taking back and the seizure of the conditional goods by us – provided the law for payment in instalments does not apply – does not constitute a withdrawal from the contracts.
The supplier is liable for a period of 6 months for material and processing defects, excluding further claims and rights of the buyer, irrespective of the legal grounds. The guarantee liability starts from the moment, when the purchased item is delivered to the buyer. Any defects discovered must be declared to the seller immediately. The same guarantee conditions as for the item delivered apply to the replacement item and to repairs. The liability period for defects on the item delivered is extended for the duration of the interruption of use caused by the repair work. The seller can refuse to repair the defects, if the buyer has not fulfilled his/her liabilities in accordance with the contract and has not followed the operating instructions for the item purchased. The liability is cancelled for any damage arising from modifications or maintenance work carried out incorrectly by the buyer or a third party without previous permission. Further claims of the buyer, in particular a claim for damages not occurring on the delivered item itself (loss of earnings caused by the shutdown or a fault on machines etc.) do not exist.
7. Other compensation claims of the customer
In addition to the claims conceded in Item 3 and 6, the buyer cannot assert any claims for compensation or other rights against the supplier on account of any disadvantages connected with the delivery contract or the delivery item, no matter whatever legal ground he/she pleads.
8. Delivery for test purposes
If the buyer buys a delivery item for test purposes, he/she may withdraw from the contract within a period of two weeks from the date of delivery by making an explicit declaration. If a delivery item is lent for test purposes, the buyer must return it at the end of two weeks after delivery, if he/she does not declare that he/she wants to buy it. An extension of this period is excluded. The risk during the loan period is carried by the buyer. All transport costs connected with the delivery for test purposes are carried by the buyer.
9. Place of jurisdiction
The place of jurisdiction for all indirect or direct disputes arising from the contract, also for bills of exchange or cheques, is the court which has jurisdiction in the place where the supplier has his/her registered office. German law applies.