1 - Scope
The following terms and conditions are standard solely to all current and future contracts within the scope of our delivery and service business, provided no differing special agreements have been arranged. The nullity of individual conditions does not affect the validity of the others. This is also the case when individual conditions do not become part of a contract.
Our terms and conditions shall only apply to companies within the scope of § 14 German Federal Law Gazette (BGB), legal persons of public law and separate estates subject to public law.
2 - Quotes and Acceptance
Our sales offers are always non-binding. We reserve the right to prior sale for stock quantities offered.
If contracts are concluded subject to confirmation in writing or by telex, the content of our confirmation letter is decisive unless the recipient objects immediately.
Information about dimensions, weight, colour, material and equipment in our catalogs and other representations are only approximate unless they are expressly designated as binding in our order confirmation. The customer cannot reject changes resulting from technical developments.
3 - Prices
Our prices are in euros, excluding sales tax, from our premises in Wurmlingen. As a rule, the prices applicable on the day of delivery will be charged.
Packaging, transport costs, insurance and all other costs incurred by us ex works are added at cost price.
4 - Delivery
The delivery time is approximate. The delivery time is only legally binding if it has been confirmed by us in writing. We are only liable for claims for damages due to delays in delivery within the scope of Section 8.1 of these terms and conditions.
If our delivery is made impossible or excessively difficult due to force majeure, official measures, plant closures, strikes, extreme weather conditions or similar circumstances - also at our suppliers - we shall be released from our delivery obligation for the duration of the hindrance and its aftermath. We will inform the customer immediately of the occurrence of such events. These events also entitle us to withdraw from the contract. In the event of non-delivery or insufficient delivery by our sub-suppliers, we are released from our delivery obligations in whole or in part. This only applies if we have taken the necessary precautions to procure the goods to be delivered by us and have carefully selected our sub-suppliers. In this case, we undertake to assign our claims against our sub-suppliers to the customer upon request. If the customer is in default of payment, we are released from our delivery obligation for the duration of the default. The purchaser's obligation to accept remains in force.
We are entitled to make partial deliveries if this is reasonable for the customer. Each partial delivery is subject to these general terms and conditions and does not permit any deductions or suspension of payment. If delivery on call has been agreed, the customer must call off the goods within a reasonable period of time.
5 - Shipping and Storage Risks
Each consignment travels from our premises at the expense and risk of the customer. This also applies in cases of force majeure and other unavoidable events or interventions. Unless otherwise agreed, we choose the appropriate shipping method and insure the shipment for the invoice value from door to door. Intermediate storage is only insured for up to 30 days. The customer must provide written evidence of any damage or shortages immediately after receipt of the shipment.
Samples and consignments of goods travel and store at the customer's risk. Unless otherwise agreed in individual cases, it is agreed without further notice that the customer has firmly purchased the shipment if it has not been returned no later than 3 months after the invoice date. It will then become due for payment without further notice. Any reduction in value as well as all costs of the return shipment are at the expense of the customer.
6 - Return Shipments
The Purchaser may not refuse to accept or pay for goods delivered as per order. We shall accept returns only if we have confirmed this in the individual case in question. Proof of the delivery date of the returned items shall be furnished. We may implement price deductions depending on the age and condition of the goods.
If the cause of the return is not our fault, we are entitled to charge processing fees of up to 20% of the original value of the goods in addition to the costs for removing desired markings.
We are only liable for returns after they have been received undamaged at our premises. The return sender has to bear the transport costs.
7 - Customised Goods
With his order, the customer undertakes to accept and pay for the custom-made products, whereby he may not refuse small tolerances between the ordered and delivered quantities. Complaints are only valid if we can be shown that there is an obvious mismanufacture that deviates significantly from the order. The customer is liable for ambiguities in the order.
Objections due to late delivery will only be accepted if we have given our unconditional promise of a deadline and after a reasonable period of grace has been used.
The prices for custom-made products are calculated from the cost price resulting from the individual case, which is recognized with the order. As a rule, they are considerably higher than those of comparable standard items. Precalculated prices at the request of the customer can be exceeded or undercut after final production. Such offers are only approximate. To ensure this, we can demand 50% of the expected invoice value as an advance payment.
We are not obliged to check whether third-party property rights are being violated, nor whether the prescribed execution can lead to liability-related damage. The responsibility and liability for this lies solely with the customer, and we reject product liability in this respect.
8 - Liability for Defects
Complaints due to obviously defective or obviously deviating quality of the goods or due to the delivery of goods that are obviously different from those ordered can only be asserted in writing by the customer immediately, but at the latest within one week after receipt of the goods or after the defect has become apparent.
The customer must inspect the goods immediately upon receipt for material defects, e.g. B. quantity, quality and condition and is obliged to note obvious defects on the receipt. For the rest, § 377 HGB applies.
We undertake to repair or replace the defective products returned to us free of charge. Only if we are unable to do so within a reasonable period of time is the customer entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price (reduction).
The warranty period is generally one year from delivery of the goods. In the case of the delivery of third-party products, the manufacturer's conditions shall apply with regard to claims for defects, which are available for inspection upon request. We are by no means liable for defects or damage that may arise from our premises as a result of transport and subsequent storage, improper handling, incorrect use or other interventions in the delivered item that change the guarantee or through wear and tear.
8.1 - Liability
Claims for damages by the customer, regardless of the legal basis, in particular due to breach of obligations arising from the contractual relationship and tort, are excluded.
This does not apply if liability is mandatory by law, in particular:
A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
9 - Payment
Our invoices are payable 30 days after the invoice date without any deductions. If otherwise individually agreed, payment must be made on the agreed due date free of charges and deductions.
We can demand advance payment or the provision of a security from customers who are unknown to us and for custom-made products.
In the event of default in payment, we are entitled to charge default interest of 8% above the respective base interest rate according to § 247 BGB. The debtor is in default if he does not pay after our reminder, which is sent after the purchase price is due. Irrespective of this, the debtor is in default if he does not pay by a calendar date specified in the contract. The statutory regulation according to which the debtor is automatically in default 30 days after receipt of an invoice remains unaffected.
If the debtor is in default or if we become aware of circumstances that put his solvency in question, we can, at our discretion, either demand immediate payment of all existing claims including the outstanding bills of exchange or securities or/and withdraw from the purchase contract. We are only obliged to make further deliveries if their payment is secured.
The debtor may neither withhold payments that are due nor set them off against counterclaims that are not due or are not recognized. Payments in currencies other than euros must correspond to the calculated euro value at the purchase rate in Tuttlingen on the day the payment is received. The customer has to pay for exchange rate losses, exchange rate gains are reimbursed.
10 - Retention of Title
The delivered items remain our property until full payment of the purchase price and all claims that we have against the customer from the business relationship or that we will acquire in the future. We are entitled to withdraw from the contract if the customer defaults on payment. The customer is entitled to sell the items at conditions customary in the industry. With the sale, the customer assigns his claims and rights against his customers to us as long as he has not yet settled our claims.
The customer is entitled to collect these claims as long as he is not in default of payment or is not prohibited from doing so for a justified reason. If there is a justified reason, we can demand from the customer that he informs his customer of the assignment and hands over to us all the documents required for collection. We undertake to release the securities to which we are entitled insofar as their value exceeds our total claim by more than 10%.
The customer is obliged to notify us immediately of any third-party intervention in our property. As long as we have due claims against him, he may neither pledge nor transfer ownership nor dispose of it in any other unauthorized manner. He has to do and initiate everything that protects and preserves our property.
11- Sales Documentation
All of our sales documents, such as catalogues, brochures, price lists, drafts or samples remain our property, even if a loan or nominal fee has been paid.
These unauthorized persons or competing companies may not be made accessible, not even in part, without our permission.
The owner is obliged to return them to us on request. The use of these documents resulting in damage to our interests entitles us to claim damages.
We only accept responsibility for any consequences that should result from misprints or other mistakes if gross negligence or intent can be proven.
12 – Place of Performance and Jurisdiction
Place of performance and place of jurisdiction for delivery and payment is Tuttlingen. The law of the Federal Republic of Germany applies exclusively to the legal relationship with us.