Terms of Delivery and Payment

The following terms shall apply to deliveries and services provided to traders for their business operations.
Deliveries and services shall be exclusively governed by our terms of delivery and payment which the orderer acknowledges upon receipt of our order confirmation, or acceptance of the goods at the latest. Any purchase terms of the orderer's that are at variance with the above will in no case become part of a contract merely by our acceptance of the order.
Orders, sub-agreements, alterations and other agreements shall not become effective until acknowledged by us in writing.

Prices: Applicable are the prices and terms valid and made known at the date of delivery. The indicated prices are exclusive of the respective value-added tax.

Special products: Custom-made and special products which are not included in our current range of products are subject to the agreement of adequate surplus or reduced quantities.

Until an order is accepted, any indicated delivery time is not binding, and the products may be sold in the meantime. The time commences when the order is received and confirmed, but from the date of the final agreement on the order execution and, where applicable, receipt of any documents, approvals and releases from the orderer at the earliest. If the delivery time is given in days, then these refer exclusively to common working days. The delivery deadline shall be deemed to have been met if the product has left the factory prior to the expiry of the delivery period or if, by this date, the orderer has been notified of our readiness to deliver. Delivery times shall be extended by a reasonable period should their non-observance be a result of circumstances such as major unforeseen manufacturing hindrances, force majeure, delays in transport, operational disturbances or industrial conflicts in the manufacturer's works or those of subcontractors.
If the orderer incurs damage because of a delay caused by us through gross negligence, it shall be entitled to claim damages for delay. For every full week of delay, the compensation shall amount to 1 per cent, but all together not more than 5 per cent of the value of that part of delivery which cannot be delivered in time or used for its intended purpose as a result of the delay. Any further claims are excluded.

Packing: Non-returnable packing items such as wooden crates, cardboard boxes etc. as well as pallets with frames and cover are charged at cost price and are not taken back. Reusable and skeleton box pallets, containers and strongboxes remain our property and shall be sent back to the original shipping place without any costs incurred by us.

The products are shipped at the orderer's risk and expense. The shipping mode will be chosen by our shipping department. Partial deliveries are permitted.

Payments shall be effected in (net) EURO, plus the legal VAT, within 14 days from the invoice date with a discount of 2%, or within 30 days. The payment term is regarded as having been met when we can dispose of the amount within the above specified times.
Bank-specific interest will become payable when the payment terms are exceeded. No deduction of a discount is permitted for shipping and packing costs, or if the orderer is in arrears with other payments or if the delivery is paid with promissory notes.
In the case of orderers with whom we have no regular business relations, we send the products cash on delivery and with a discount of 2%.
The orderer is only entitled to retain or offset amounts if any counterclaims have been legally established or are uncontested.
In the event of a suspension of payments by the orderer, excessive indebtedness or non-payment in due time, all justified claims which we have against the orderer, including the notes receivable, shall become payable immediately.

Reservation of title: We shall retain title to all products delivered by us until all payments have been settled, with all deliveries considered to be one connected delivery transaction. For current accounts, the reservation of title shall serve as security for our balance claims.
Where the orderer combines the products with other objects to make a new item, we are entitled to the fractional share of co-ownership of the new item. In the event the orderer re-sells the products delivered by us as provided, the orderer assigns to us in advance his claims against his customers arising from this resale, together with all ancillary rights, until all of our claims have been settled. Included herein are also all claims under letters of credit and similar means of security. If so requested by us, the orderer is under the obligation to inform the third-party purchasers of such assignment and to give us all information and documents which we need to exercise our rights.

The orderer shall notify us without delay of any attachment of the reserved products or of any other impairment of our rights by third parties.
We shall release the securities held by us in case the value of such securities exceeds the value of the secured claims by more than 20%.
Should the proposed reservation of title not be fully effective for legal reasons, the orderer is obliged to adequately secure our product-related claims in a legally effective manner, and to actively contribute to taking proper measures.

Return of products: Only products from the standard range which are as good as new may be returned within 14 days and subject to our permission in writing.

Warranty: Transport damage shall be reported immediately, and other visible damage within 8 days from the receipt of the goods. The warranty period for any other damage which can be proven to be our responsibility is 6 months from the date of delivery. The warranty period shall be extended by the period in which the delivered product cannot be used.
In case of deliveries which can be proven to include products that cannot be used, partially or entirely, because of defects for which we are responsible, or for lack of properties which were expressly warranted, we shall at out discretion - and in consideration of scientific/technical aspects - remedy or replace the products free of charge, or reduce the selling price. Of the direct costs accruing in connection with the remedy or replacement, we shall bear the costs of remedy or the replacement part, including dispatch, and - considering the value of the defective product - adequate removal and re-installation costs to the extent that they refer to domestic costs. Freight charges for the return of defective products will only be refunded if we expressly request the return of the products. In other respects, the orderer shall bear the costs.
We are entitled to reject warranty claims if we are not informed of any defects in due time. The same shall apply if we are not given the necessary time and occasion for all the measures which, at our reasonable discretion, are required to be taken. Only in urgent cases, i.e. when the operational safety of the orderer is endangered or excessive damage needs to be warded off - in which case we have to be immediately informed - or if we are in default of eliminating a defect, the orderer shall be entitled to remedy the defect himself, or have it remedied, and to claim under the warranty the refunding of the costs incurred, or to withdraw from the contract. Catalogue and list data shall not be interpreted as warranted properties.

Liability: Any and all further claims of the orderer, in particular claims for damages if a damage did not occur on the delivered product itself, or claims based on the violation of property rights, are excluded. The same is true for unlawful acts.
This exclusion from liability is not applicable in case of intent or gross negligence on the part of bodies or executives. It is not applicable, either, if expressly warranted qualities are not met and if such express warranty had exactly been given for the purpose of securing the orderer against damage that does not occur on the delivered product itself.

Accessory obligations and consultancy services: To the extent that they refer to the delivered product, we provide peripheral services (e.g. maintenance instructions) and consultancy services with utmost care and to the best of our knowledge on the basis of the state of the art and for the operating conditions as detailed by the orderer; as to the warranty and liability in this respect, the afore-mentioned terms and conditions shall apply analogously.
Any recommendations given are not binding.

Place of performance and place of jurisdiction: The place of performance for deliveries shall be our place of shipping. The place of performance for payments and place of jurisdiction shall be the location of our company headquarters.
However, we shall also be entitled to file suits at the orderer's place.

Data protection: With reference to the data protection law, we wish to point out that we store customer data and use them for the transactions we carry out with them.