Conditions
Terms of delivery and payment
The following conditions are intended for deliveries and services to merchants for their business operations. Deliveries and services are carried out exclusively in accordance with our delivery and payment conditions, which the customer accepts upon receipt of our order confirmation, at the latest upon acceptance of the goods ordered . Deviating conditions of purchase of the customer do not become part of the contract through the acceptance of the order. Orders, subsidiary agreements, changes and other agreements only become effective with our written confirmation.
Prices: The prices and price conditions published on the day of delivery apply. The value added tax is charged additionally in the currently valid amount.
Custom-made products: In the case of samples and custom-made products outside of the currently valid delivery range, reasonable excess or reduced quantities are deemed to have been agreed.
Delivery times are non-binding until the order is accepted – subject to sale in the meantime – and count from the receipt of the order or at the earliest from the final agreement on the execution of the order and the provision of any documents, permits and releases to be obtained by the customer. If delivery times are given in days, only the usual working days count. The delivery deadline is met if the delivery item has left the factory by the time it expires or readiness for dispatch has been notified. Delivery times are subject to significant unforeseenprocesses during production and other obstacles such as force majeure, transport delays, operational disruptions or labor disputes in our own plants or plants of suppliers. If the customer has suffered damage due to a delay for which we are grossly responsible , he is entitled to claim compensation for the delay. It amounts to 1% for each full week of the delay. One hundred, but in total no more than 5 per cent. Hundreds of the value of that part of the delivery that is not delivered on time as a result of the delay or cannot be used in accordance with the contract. Further claims areexcluded.
Packaging : Disposable packaging such as wooden boxes, cardboard boxes, etc., as well as pallets with collars and lids are charged at cost and are not taken back. Reusable and lattice box pallets, containers and cassettes remain our property and must be returned to the delivery point immediately at no cost to us.
Shipping is carriage forward. The choice of the shipping method is left to the delivery point. Part deliveries are permitted.
Payments are to be made in EURO plus statutory VAT within 14 days of the invoice date with a 2% discount or within 30 days net. The payment term is met if we can dispose of the means of payment within the deadline. If the payment deadline is exceeded, bank interest will be charged. A discount is not permitted for shipping and packaging costs and if the customer is in arrears with other claims or if the delivery is paid for with a bill of exchange. To buyers with whom we do not have an ongoing business relationship, we deliver against cash on delivery and with a 2% discount. The customer is only entitledto withhold or offset against counterclaims if these have been determined by a court or are undisputed. In the event of suspension of payments or over-indebtedness of the customer as well as non-compliance with agreed payment terms, all claims to which we are entitled against the customer, including the bill of exchange claims, are due immediately.
Retention of title: We reserve title to all goods delivered by us until they have been paid for in full; All deliveries are considered to be a coherent delivery transaction. In the case of a current invoice, the reserved property is used as security for our balance claim. If the customer combines goods with other items to form a single item, we shall become joint owners of the new item on a pro rata basis. If the customer resells the goods we have delivered as intended, he hereby assigns to us the claims arising from the sale against his customers with allancillary rights until all of our claims have been settled in full. This also includes claims from letters of credit and similar means of security. At our request, the customer is obliged to notify the third-party buyers of the assignment and to provide us with the information and documents required to assert our rights.
The customer must notify us immediately of any seizure of the goods subject to retention of title or of any other impairment of our rights by third parties. We will release the securities held by us insofar as their value exceeds the claims to be secured by more than a total of 20%. If the retention of title should not be fully effective in this form for legal reasons , the customer is obliged to secure our claims for goods in a correspondingly legally effective manner and to participate in the necessary measures.
Return of goods: A return of goods is only possible for standard items that are as good as new within 14 days and only after we have given our written consent.
Warranty: Transport damage must be reported to us immediately, other apparent defects within 8 days of receipt of the goods . For demonstrably additional defects for which we are responsible, the warranty obligation is 6 months from delivery. It is extended for repairs by the time in which the delivery item could not be used. In the case of deliveries which can be shown to have items that are completely or partially unusable as a result of defects for which we are responsible or the lack of expressly warranted properties, we shall, at our discretion, take into account economic and technical aspects, free of charge improve, deliver new or reduce the selling price. Of the direct costs arising from the repair or replacement delivery, we bear the costs of the repair or the replacement part including shipping as well as the reasonable costs of dismantling and installation based on the value of the defective delivery item, insofar as these relate to the domestic market. Freight costs for returning the defective goods will only be reimbursed if the return is made at our express request. Apart from that, the customer covers the cost. We can refuse to fulfill warranty claims if we are not notified of defects in a timely manner. The same is true if us the necessary time and opportunity is not given to carry out all measures that we consider necessary at our reasonable discretion. Only in urgent cases that endanger the operational safety of the customer and to prevent disproportionately large damage, whereby we are to be informed immediately or if we are in default with the rectification of the defect , the customer has the right to have the defect rectified himself or by a third party and to demand reimbursement of the costs to be bornein the context of the warranty or to withdraw from the contract . Catalog and list information do not represent any assurance of properties.
Liability: Further claims by the customer, in particular a claim for compensation for damage that did not occur on the delivery item itself or that are based on the infringement of property rights, are excluded. This also applies to unauthorized acts. This exclusion of liability does not apply in the event of intent or gross negligence on the part of organs or executive employees. It also does not apply in the event of a lack of properties that are expressly guaranteed, if the purpose of the guarantee was to protect the customer against damage that did not occur on thedelivery item itself.
Ancillary obligations and advice: We provide contractual ancillary services (eg maintenance instructions) and advice, insofar as they relate to the delivery item, carefully and to the best of our knowledge in accordance with the current state of the art and the conditions of use specified to us by the customer; With regard to warranty and liability, even in the event of any omissions, the above conditions apply accordingly. More recommendations are non-binding.
Place of fulfillment and jurisdiction: The place of fulfillment for the delivery is the seat of our delivery point. The place of performance for payment and the place of jurisdiction is the registered office of our company. However, we are also entitled to take legal action at the customer’s registered office.
Data protection: In terms of the data protection act, it is pointed out that we store data about customers and use them in the context of cooperation
.
Last change 2007