General The following conditions
are contractually accepted by the purchaser by his placing of an order. An
alteration of these conditions is only binding upon us, if we expressly
confirm this in writing. Silence on our side to the customer’s condition
is under no circumstances an acceptance or agreement. The contract exists
only after we have confirmed it in written form. For immediate deliveries
and deliveries of low value the invoice substitutes the order
confirmation.
Offers The prices, terms of payment and
delivery times quoted in our offers are without obligation on our part.
Drawings, illustrations, measurements or other performance data are only
obligatory, if this is explicit agreed upon by written manner. We reserve
the right to make minor alterations or technical improvements and
consequent price changes also for binding contracts. We reserve copyright
and ownership on our offers, drawings, data sheets and other literature.
It is not allowed to make these available to third
parties.
Deliveries Delivery dates or delivery times,
which can be agreed upon obligatory or not obligatory, require written
manner. The delivery date begins after having cleared up all execution
details and pre-conditions we have to fulfill. Force majeure, lack of
raw materials, failure of our suppliers or any other influences causing
production difficulties - whether in our works or those of a supplier -
release us from the obligation to maintain the delivery time. Claims
for damages caused by not keeping delivery times cannot be placed. The
right of the purchaser to withdraw after uneventful termination of a
deadline set by us is not impaired.
Dispatch Dispatch
will be effected on account and in every case on risk of the purchaser ex
works. The kind of dispatch and package is left on our discretion and is
effected according our calculation in default of customer’s
instruction.Eventual insurances have to be carried by the purchaser. We
are only obliged to insure purchaser’s goods against transportation damage
or loss upon the express of the purchaser. The risk will devolve upon the
purchaser as soon as the consignment has been delivered up to the person,
which executes the transport or has left the stock of the company (we) for
the purpose of utilisation. If dispatch will become impossible without the
company’s (our) responsibility the risk will evolved upon the customer
with announcement of the dispatch readiness.
Warranty We
grant a warranty of 24 months for the accurate execution and function of
the delivered parts concerning faults and defects, which provably became
defective as result of inferior material, faulty construction or
insufficient manufacturing. The purchaser has to allow us sufficient time
and opportunity to fulfill the guarantee. Replaced parts become our
property. Responsibility is limited exclusively to the parts supplied.
Further responsibility for any other damage, down times or other
purchaser’s costs cannot be accepted. The guarantee terminates, if the
purchaser fails to put the supplied part at our disposal - within a
reasonable period of time - within the guarantee period for correction of
the fault already recognized by us.
Exchange of ordered and
supplied goods We point out to our customers that with the exchange
of ordered and correctly supplied goods the customer has to bear a
self-proportion of 70% of the value of the goods plus transport
costs.
Limitation of liability Claim for damages for
reason of impossibility of production, of positive breach of claim, of
fault on conclusion of the agreement, of warranty rights and of
unauthorized business are out of question against the company (we) as well
as against their realization respectively performance assistants, as far
as there exists no intentional or gross negligence way of
acting.
Prices and terms of payment The prices are those
valid on the day of delivery. The price basis is ex-works, excluding
packing (will be charged in a lump sum) even for part-deliveries and
urgent consignments. The minimum amount invoiced is € 50,00 plus freight
and a lump sum for freight and packing. Domestic orders:
Deliveries in Germany are effected ex works by parcel service. Freight
and packing will be charged according to expenditure. Export
orders: Deliveries to other European countries are effected by parcel
service, forwarding agents or by parcel post depending on the weight of
the consignment. Freight and packing will be charged according to
expenditure. Deliveries to non-European countries are effected by parcel
post or air freight. Freight and packing will be charged according to
expenditure. Any special type of packing required by the orderer will be
subject to an extra charge. Packing specially requested by the purchaser
will be invoiced separately.
Our terms of payment: For cash
payment within 14 days we allow 2% discount. For payment within 30 days we
invoice net. The date of invoice is valid. In case of overdue payment -
regardless of further rights - we charge interest at 2% over and above the
current rate of discount of the German national fiscal bank. The
calculation of this is based on the beginning of each month following
termination of the 30 days payment period.
Ownership
Reservation To fulfill all the demands which accrue to us for any
legal reason against the customer or will accrue in future, we reserve the
right of ownership of the goods supplied. Processing or reformation are
always carried out for us as the producer, but without any obligation on
us. If our (co-) ownership expires by connection, it is already agreed
that the (co-) ownership of the customer in the uniform object is
transferred proportionately (invoice value) to us.
The customer
protects the co-ownership without compensation. He is empowered to process
and to sell the goods under reservation in ordinary business, as long as
he is not in default. Mortgages or transfer of security are not
admissible. The demands which arise from further sale or any other legal
reason (affirmation, unauthorized actions) with respect to the goods under
reservation (including all balance sheet demands from the current account)
are assigned to us by the customer now for the sake of security in full.
We authorize him irrevocably to collect the demands assigned to us for our
account in his own name. In the event of third party attachment to the
goods reserved, the customer will draw attention to our ownership and will
inform us without delay.
Place of fulfillment and place of
jurisdiction Place of fulfillment for all liabilities deriving from
the contract is the company’s registered office Grosswallstadt. The
competent court of law is the County Court (Amtsgericht)
Aschaffenburg.
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