Terms and conditions
1. Scope
Our supplies and achievements exclusively take place due to the following conditions. Trading conditions of the partner, which are not specificallly recognized by us, have no validity.
2. Quotation
The documents, which are contained in the offer, like illustration, drawings, weights and measurements, are only rough informations, unless they are special as marked obligatory. Offer documents may not be passed to third without our agreement. Offers are noncommittal, as long as the orders are not in writing confirmed by us. Conditions of purchase or deviating counter attestation of the buyer are noncommittal for us, even if we do not contradict to them. Rather contracts under validity of our terms of sale.
3. Delivery times
The delivery times specified by us are noncommittal, unless, we have agreed to fix delivery date. If delivery times are agreed upon, then they extend also without handicap announcement, if the supply retards by circumstances, which are not influenceable by us. This is valid in particular for delays which are lead back on retarded supply of subcontractors, on operational disturbances, on strike, on higher force, on missing co-operation actions of the customer and on the delay through hesitant distribution of permission. Such non-influenceable obstacles are not to be represented also then not from us to, if they enter during an already available failure to deliver.
4. Payment
For lack of separate agreement our invoices are purely net payable to maturity. Payments are to be conveyed in euros and at the expense and risk of the buyer. In case of default we are able to insit default interests of 2% of the value in each case to the current key interest rate of the EZB – European central bank (minimum offering set of the main refinancing business), at least however 6% interest to require. The receipts of payments are charged in each case on the oldest debt. The retention of payments or the set-off of counterclaims is acceptable only if the retention or set-off right is not denied by us or legal detected. Cheques and changes be only accepted by us to special agreement on account of payment and to cost to the buyer.
5. Prices
Our prices understand themselves for lack of other in writing confirmed data EX WORKwithout value added tax plus packing and transport. The packing becomes Cost price computes and not taken back. If no fixed prices are agreed upon, we reserve ourselves to compute our on the day of the supply valid prices. As For minimum value per order an amount of Euro 150,00 is valid.
6. Liability
For payment of damages achievement we are obligated only if the damage by rough negligence or resolution were caused by us or one of our executing agents. This is valid also for damage from the injury of obligations with the treaty negotiations.
7. Shipping
The forwarder or forwarder is determined by us, if the buyer does not give us special instructions. The buyer bears the cost of the federation. Insurance against damage or loss are arranged only on expressly desire of the buyer. With the handover to the forwarder or carrier, latest with leaving of our plant or the plant of our supplier, if these had to deliver in our account directly to the buyer, the passage of risk turns to to the buyer. Delivered articles are, even if they exhibit lack or damages to receive from the buyer without prejudice to ‚the guarantee and adhesion regulations. If the dispatch is postponed by the buyer or if the dispatch retards due to circumstances, which we do not have to represent, then the danger turns into the buyer from the day on when the dispatch is ready for shipment .
8. Part-delivery, over-/undersupply
We are entitled to partial deliveries. These are valid concerning payments and claims as independent supplies. Slight over or under-delivery is up to 10% of the complete delivery however at least +/- 1 tools permissible.
9. Retention of title
We reserve ourselves the property of all kind of items up to the complete fulfillment of the obligations of the buyer from the business relation, also out at the same time or contracts which concluded later. This is valid , even if particulars or all demands of the supplier taken up to a current calculation became. In case of the delay of payment we are entitled to require the grant of the direct possession at the articles standing under retention of title. In Framework of the all-monies clause the buyer is able to release certain articles of the retention of title, if the maintenance of the title retention results into a substantial over protection of us. The buyer is entitled, the object of the purchase in the context of a tidy business concern to resell. The sale of machines or plants requires however in each case our particularly agreement. The buyer assigns all debts with all ancillary rights, which develop from the far sale, to us. The buyer is far authorized to the collection of the demand. We are also entitled, to reveal the assignment and debit the demand by ourselves, if the buyer does not follow his liabilities duly to us. For the case of the application of foreign right the buyer commits itself to make a written agreement over the retention of title to all actions, which are necessary for the incurrence, reason or maintenance of the retention of title to participate our demand and the retention of title if required at authorities to let register notaries or courts. We are further entitled to mark machines and plants, as long as they stand under retention of title, as our property if the buyer is us in relation to in delay of payment.
10. Guarantee
We take warranty for the supplied objects of the purchase of us that they are at the passage of risk not afflicted with defects, which do not waive or reduce the value or the suitability to the usual or after the contract given use. The warranty period amounts to 6 months. The guarantee is first on the requirement to rework and/or replacement limited. However if the rework and/or replacement fails, then is the buyer entitle, changing or reduction of the valid purchase contract. The immediate investigation and obligation to give notice of defects are incumbent on the buyer in accordance with §377, §378 HGB. For substantial commodity our liability is limited on the assignment of the liability claim, which are entitled to us against the supplier of commodity. In commercial transactions we take over the costs for repairs or Replacements of the spare piece inclusive the delivery charges, as well as, if removement and replacement are not accomplished on our desire by us, the appropriate costs of dissembling and assembly. Large requirements of the buyer are, so far legally permissible, impossible.
11. Impossibility, inability, cancellation
In case of the objective and subjective impossibility to furnish our achievements the rights of the buyer determine themselves according to the legal regulations, however with that Condition that only the cancellation of the contract can be made valid. The assertion of a compensation claim, also in accordance with § 326 BGB, is also here limited in cases of resolution and rough negligence.
12. Default in acceptance, Schadenpauschalierung
In case of the default of acceptance of the buyer we are entitled to withdraw after an expiration of an appropriate respite setting from us from the contract or compensation because of to require default. For all cases, in which we make claims for damages valid, we are entitled – without unscathed of the right, a higher actual damage to make valid – to demand 15% of the selling price as compensation. This does not cut the possibility of the buyer of proving that a damage not or not in developed for this height.
13. Legal order
For deliveries and achievements is valid excluding German right. The application of the laws over the international purchase of mobile things and over the conclusion of international sales contracts over mobile things is impossible.
14. Translations
Translations of these terms of sale were made in several languages. These translations serve only the better understanding for the foreign customers. In case of douct only
the German text is valid.
15. salvatorius clause
If a clause of the present contract should be ineffective or become, then the effectiveness of the remaining clauses remains of it untouched. The ineffective regulation is replaced by a regulation, which comes in permissible way the intended legal and economic result next. (G0885)
16. place of execution, place of jurisdication
Place of fulfillment for all contractual obligations, especially also the restitution obligation is head office of the supplier. For all occurring disputes between the parties the responsibility competence for our head office is agreed upon the court. We are however also entitled to lead active processes at the court responsible for the head office of the buyer.