The English version of these terms and conditions and the English version of all product documentation including the manual are for information purposes. The legally binding documents are the German versions as German law applies (see 10.2).
1.1 Deviations from these terms of sale – especially the validity of purchase conditions of the customer – require our explicit written approval.
1.2 Our offers are nonbinding. Orders are only binding for us if we confirm them within ten working days (Mo-Sa) or comply with them by delivery of the product. Oral side-agreements are only valid, if confirmed in written form by us.
1.3 These general terms and conditions are valid for all business relationships including follow-up orders that are only concluded under these conditions by us.
2.1 The risk is transferred to the customer when the shipment has left our house or is handed over to the persons mandated with the transport. The same applies after notification of readiness for transportation, if the products are not shipped immediately on the request of the customer. Transport insurances are only made on the explicit request of the customer.
2.2 As long as the customer is in arrears with a debt our obligation to deliver is suspended.
2.3 Dates of delivery are only binding, if the date is approved in written form as fixed date. Other dates are non-binding. In case of a missed deadline or a fixed date, delayed delivery applies only after setting an adequate respite.
2.4 We are authorized to provide partial deliveries to a reasonable volume. Deviations in volume of 10% do not entitle for rejecting the delivery.
3.1 If no other agreements are made, the prices for our deliveries are factory gate prices and without packaging.
3.2 For billing the prices on the day of delivery are valid. If these are higher than at conclusion of the contract, the customer has the right to rescind from the contract within 14 days after notification of the price increase with regard to the quantity not yet taken.
3.3 Prices are exclusive of VAT.
3.4 In case delivery free of transportation charges has been agreed upon, the indicated prices are based on the freight costs and incidental charges at the time of the offer. They will be adapted to changed freight costs and incidental charges to the advantage or disadvantage of the customer for the delivery without entitling the customer to a right of contract termination.
4. Force Majeure clause
In cases of force majeure – as such all circumstances and events are defined that cannot be prevented by the care of proper management – the contract obligations of the parties are suspended for the duration of the disturbance and to the extent of their claims. If consequential delays exceed the period of six weeks, both contract parties are entitled to rescission from the contract with regard to the scope of benefits. Further claims are non-existent.
5.1 Our invoices are due eight days after invoice date without deduction and payable net cash.
5.2 The presentation of bills of exchange requires our approval; their charges and costs as well as the risk of timely presentation of protest shall be fully borne by the client
5.3 In case of exceeding the payment deadline, interest at a standard rate in banking, at least 3% above the corresponding basic interest rate of the ECB, will be charged under resevation of assertion of additional penalties.
5.4 In case of arrears and justified doubts about the financial solvency or the credit rating of the customer, we are – irrespective of our other rights – entitled to request securities or prepayments for unsettled deliveries and to declare due immediately all claims from the business relationship.
5.5 Only undisputed claims or judicially determined claims entitle the customer for exercising a setoff or for retention.
6.1 Loading and shipment are uninsured at the risk of the recipient.
6.2 We will endeavor to consider the requests and interests of the customer with regard to type of shipment and the shipment route; thereby additional costs – also in case of having agreed upon delivery free of charges – are to be paid by the customer.
7.1 All information on suitability, processing and application of our products, tecnical consultation and additional data is given out to our best knowledge, but does not exempt the customer from own checks and tests.
7.2 The customer has to check the delivered products – as far as it is reasonable via trial testing – upon receipt immediately for deficits with regard to quality and application, otherwise the products shall be considered as approved.
7.3 Reclamations are only considered if they are made within eight working days after receipt of the products – in case of hidden deficits after detection, but six months after receipt of the products at the latest – in written form with attachment of proof.
7.4 Our warranty obligation is limited to substitute delivery, termination of the contract, price reduction or repair at our choice. Reclamated products shall only be returned with our explicit consent. If the repair by us fails or if we are not ready or capable for a repair or if the repair is delayed beyond adequate deadlines for reasons we are responsible for, the customer has the right to rescind from the contract or request a reduction of the price. Additional claims, especially the demand for compensation and or lost profits or other financial losses are excluded.
7.5 In case we make a new product in our house from pre-products provided by the customer (meaning delivered by the customer or acquired on behalf of the customer by us), our liability is limited to intention and wanton negligence.
7.6 For the pressure resistance of our whose lines we are liable in the context of the usual pressure tests of the manufacturer. Additional requirements or strength tests in our house are made only on the basis of a separate order and must be confirmed by us in written form.
7.7 We have a period of warranty of six month after delivery. The period of warranty also applies to claims for replacement of consequential harms caused by defect, as long as no claim in tort is asserted.
8.1 As far as legally permissable, our obligation – whatever the legal foundation is – to indemnify is limited to the invoice value of our products taking directly part in the harm causing event. This does not apply, as far as we are liable because of intention and wanton negligence without limit due to binding legal regulations.
8.2 If an essential contractual obligation is violated due to negligence, our liability is limited to the forseeable damage.
9. Reservation of title
9.1 The sold products remain our property until receivables resulting from the business relationship with the customer are fully paid. The customer has the right to dispose of the bought products in ordinary business operation.
9.2 The reservation of title also applies to products that are made by processing, mixing or joining of our goods at their full value with us as producer. If the right of ownership of third parties remains in case of processing, mixing or joining with goods of these third parties, so we acquire co-ownership at the ratio of the invoice values of the processed goods.
9.3 The customer herby assigns the claims arising from the resale against third parties as a whole or in the amount of our possible c-ownership share (see 9.2) to us as collateral. He is authorized to collect these until revocation or termination of his payments to us for our account. For the assignment of these claims, the customer is also not entitled to collect debts by way of factoring, unless it is at the same time justified the obligation of the factor, the consideration in the amount of our share of claims as long as directly to us to effect, as still claims on our part against insist on the customer.
9.4 Access by third parties to our products and claims belonging to us must be reported to us immedeatly by the costumer via registered letter.
9.5 The exercise of the reservation of title does not mean a withdrawal from the contract.
9.6 The goods and the claims that come into their place may not be pledged to third parties or transferred as collateral or assigned before full payment of our claims.
9.7 If the value of the securities exceeds our claims by more than 20%, we will release securities of our choice at the customer’s request.
9.8 All documents created or compiled in connection with the order are subject to our copyright and remain our property.
10. Place of fulfillment and jurisdiction
10.1 Jurisdiction is the seat of our company
10.2 In any case, German law applies
10.3 As far as individual arrangements are or become ineffective, an arrangement shall apply which comes closest to the economic purpose of this arrangement in compliance with the dispositive law.