Terms of Payment and Delivery
All business is transacted according to German law. Orders are only binding after written confirmation. Events such as acts of God or nature, strikes, shut-outs, material shortage, accidents, transport, manufacture or firm disruptions, regardless of whether in own firm or that of a supplier as well as circumstances for which we are not responsible, give us the right to withdraw from the order or to delay its completion. Damage claims of any kind in such a case are out of the question. Times and terms of delivery being made are not binding. Differing sales conditions for individual customers are only valid with our express confirmation. Acceptance of our confirmation of order is taken to mean that the order is valid according to our terms of delivery.
Goods from orders which have been properly filled and delivered cannot be taken back, due to quality reasons. With an order on call, the customer undertakes that he will buy the complete order quantity within 12 months from the date of ordering. The respective minimum order quantity is 1/10 of the complete order. If after 12 months the goods have not yet all been called, this point in time is considered to be the binding delivery date for the remaining goods. We reserve the right to slight exceedances or shortfalls of up to 5% in the number of items delivered. We reserve the right to make technical changes to equipment even in the case of a serial delivery, if this serves further development. Deliveries to commercial customers only.
Our prices are industrial net prices, are in EURO and are subject to Value Added Tax as required by law. Prices billed are our prices valid on the day of delivery. Minimum order value is EUR 100.00, beneath which we must make a low quantity surcharge of EUR 15.00.
Invoices are sent as pdf documents by email unless the buyer disagrees explicitly. Invoices must be paid in full, within 10 days from date of invoice without deduction of any kind. If the customer delays payment, default interest will be charged. Withholding payment or setting off of payment due to any counterclaim is not permissible. Any bank charges incurred by payment from a foreign country are to be paid at source by the customer.
Goods are delivered ex works from Schwäbisch Hall, Germany. The recipient shall carry the costs and risks of dispatch. We shall use a dispatch method of our choice unless instructed otherwise. We shall not assume any liability for transport damages, unless they can evidently be traced back to damaged packaging caused by us. A fixed fee of EUR 6.00 is charged for packaging and dispatch in Germany. Should we obtain knowledge of facts which cast doubts on the orderer’s ability to pay, we may either amend the payment terms or refuse delivery.
If defects are found, written notices of complaint must be submitted immediately upon receipt of goods. Failure to do so shall result in the goods being deemed to have been accepted at the latest five working days from receipt of goods. In the event of a notice of complaint being justified, the defect shall be rectified once the reported goods have been returned. We shall furthermore rectify potential defects, including those only uncovered at a later date, within two years from delivery, regardless of operating hours. To do so, we may choose to repair the goods or deliver replacements.
This warranty includes materials and contract work carried out on the goods but excludes transport costs. All further claims, particularly claims for damages, shall be excluded. We shall not assume any liability for damages caused by improper use. The buyer is responsible for using our products in a proper and professional manner. The warranty period stated in general agreements also starts upon delivery of the goods, but ends no later than three years from issuing the general order. We give six months guarantee on parts replaced during repairs or devices modified upon the customer’s request. In the event of the goods being sold on, the buyer shall undertake not to enter into any agreements with its customers which exceed the warranty claims agreed in this document.
Retention of title
Good delivered by us remain our property until they have been paid for in full by the customer. The buyer is not entitled to pawn or pledge or use as security, goods which are our property. The buyer is obliged to inform us of the requisition or impounding or any other action by a third party which affects our property.
Oral arrangements or agreements are not legally binding. Buying conditions on the part of the customer which do not conform to these conditions are not binding for us even if they were made a basis for the order and their content was not expressly contested by us.
Place of performance
The place of performance of delivery and payment as well as legal domicile for both contract partners is Schwäbisch Hall.