1. General
1.1
The
following sales and delivery conditions apply to all of our sales,
supplies and services. Terms and Conditions of the customer are also not
legally binding on our part, even if they are not expressly contradicted
by us. This also applies when the customer's purchasing conditions,
exclude the effect of different conditions. The execution of the order is
a recognition of our sales and delivery conditions, so it can not be seen
as a tacit recognition of his purchase conditions.
1.2
Ancillary agreements or assurances, as well as
changes and additions to the contract and our terms and conditions are
only valid if we have confirmed them in writing.
1.3
Should one or more provisions of these Terms
and Conditions be or become invalid, the validity of the remaining
provisions shall not be affected.
2. Guidance, Offer, Contract formation
2.1
Application advice we give
to our best knowledge based on our experiences. All data and information
about eligibility and application of our products are not binding and does
not relieve the customer from own tests and trials.
2.2
Our offers are subject to change, unless they
are expressly designated as fixed deals. Belonging to the offer documents,
such as drawings, illustrations, dimensions and weight information, unless
otherwise agreed, only approximate. Variances do not entitle to Complaints
or price discounts.
2.3
Orders are accepted not before they are
confirmed by us in writing.
2.4
We reserve the right to rescind the
contract without any claims of any kind can be made if the solvency of the
customer appears uncertain and for this reason the requested prepayment is
rejected..
2.5
The minimum order value is € 75.00.
2.6
For cancellations of confirmed orders we charge
€ 25.00.
3. Delivery
3.1
Delivery
times begin after final clarification of issued orders, after receipt of
all orders for the necessary documentation (designs, drawings, technical
data, etc.)
3.2
The agreed delivery dates are met wherever
possible, require however the contract obligation of the subcontractor, so
we can assume no responsibility for the observance of delivery deadlines.
Claims for damages by the customer for late delivery, even after setting a
grace period, are excluded.
3.3
Partial
deliveries are permitted.
3.4
The supplier reserves the right to supply up
to 10% above or below the quantities ordered.
3.5
When unforeseeable force majeure or
exceptional events beyond our control, that make the delivery impossible
or considerably more difficult, we can for the duration of disability and
a reasonable recovery period, restrict or suspend delivery or cancel the
contract without the customer is therefore entitled to claim
damages.
4. Packaging, shipping and transfer of
risk
4.1
Unless otherwise agreed, the
choice of packaging, shipping and despatch is made without any liability
and under our direction.
4.2
Packaging will be prorated and billed
separately and not withdrawn, boxes and crates, as far as its value
justifies it, are delivered free of charge and returned in perfect
condition and recoverable are refunded at 2 / 3 of the calculated value.
4.3
The risk is transferred- even with freight-free
delivery - with leaving our factory to the customer. Upon written request
of the customer the product is insured against damage.
5. Prices and Payment
5.1
Our prices are generally to be understood from our factory
excluding freight and packaging cost, plus VAT at the applicable statutory
rate.
5.2
Payment must be made, unless otherwise
expressly agreed, without any deductions within 30 days from the date of
the invoice. If payment is made within 10 days from the invoice date a
discount of 2 % will be granted, on the bills in our separately
discountable amount. The granting of a discount requires that all past
invoices have been paid.
5.3
Failure to comply with the payment terms or
circumstances, that cause doubts about the creditworthiness of the
customer justify the immediate maturity of all our claims to follow.
Furthermore, we are entitled to require for outstanding deliveries
guarantees, and after a reasonable period to resign from the contract and
to claim for compensation because of non-performance, in addition to
prohibit the resale of the goods and to fetch goods that are not yet paid
back. The associated costs borne by the customer.
5.4
Payments will be made solely on our accounts
or by sending checks.
5.5
If the customer is in default, he shall pay a
late injury to the obligations for each normal banking interest rate,
despite a higher loss is demonstrated.
5.6
Only claims which are undisputed or legally
binding, can be set to the claims. Otherwise Offsetting is excluded.
5.7
The customer may, if merchant or trader, assert
the right of retention as well as plea for non or inadequate performance
of contract. A customer who is not a merchant, can only assert the right
of retention, if it is on the same contractual relationship.
6. Retention of title
6.1
The product is delivered under retention of title and will
remain until full payment of all our claims from the business relationship
in our property.
6.2
The customer may resell the goods in the
context of a proper business process. He is not entitled to pledge the
goods as collateral security.
6.3
The retention of title remains fully effective
if the goods are processed with others, not from our supplies. It is then
proportional to the processing or by the mixing or newly created
product.
6.4
In the case of resale, the Customer is obliged
to reserve our property. He assigns his claims arising from any sale
contract until all claims that we are entitled against him are paid. The
customer is entitled to this paragraph, despite claims to the agreed
assignment. Our direct debit authority remains unaffected. We will not
collect our debts, as long as the customer does not meet his payment
obligations. The customer has to give us at our request, all information
for an assertion of the rights issue and to give us the necessary
documents.
6.5
We must be informed of seizure, confiscation
and other third party requests by the customer without delay. He is
further obliged to inform us about claims of third parties and to support
us in looking after our rights.
7. Defects liability / warranty
7.1
If the goods delivered have a deficiency, we at our option,
repair the defective goods, or make an equivalent replacement. Further
claims of the customer against us, particularly on compensation for
damages that are not on the item itself, are excluded.
7.2
Complaints regarding the quality or quantity of
the goods must immediately be notified in writing. The reporting period
for warranty claims for defects is 8 days after receipt of goods. After
this deadline a warranty es excluded.
7.3
The elimination of the defects can be denied
until the customer's contractual obligations due from other orders, and
that part of its obligations under the current contract has met, the value
of the delivered item.
7.4
Complaints are generally not recognized if
without our consent changes have been made at the delivered product or if
a defect appears, due to improper storage or handling.
7.5
All statutory and contractual claims of the
customer from warranty prescribe six months after delivery.
8. Impossibility, default, breach of contractual secondary
obligations
8.1
If the impossibility or
the delay of our performance during the delay in acceptance or through the
fault of the customer, so he remains obligated to return.
8.2
Damages for delay, impossibility or to any
other infringement against us can only be required if our intent or gross
negligence can be prooved.Even in these cases, damages for delay or
inability to us only under the following restrictions are required:
Excluded is compensation for distant damage for, and unforeseeable damages
for damage, due the fact that the customer is responsible for recourse,
unless the customer had a conclusion of the contract in writing and
specifically referred to his third contractor, described the incumbent
requirement in substance precisely and accurately and the subsequent risk.
In addition, the amount for damages is limited at 10% of customers
service in return.
8.3
All claims for damages due to negligent
infringement are excluded, if no contractual claims. If we in the
execution of a contract infringe rights of others, the customer is obliged
to provide us with
9. Place of performance, jurisdiction,
law
9.1
Place of fulfilment for the
payment of the customer and the delivery is Ahlhorn.
9.2
Jurisdiction for both parties is
Wildeshausen. 9.3
German law is applied
exclusively. | 
