Status: June 2002
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.
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.
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
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.
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.
Orders are accepted not before they are confirmed by us in writing.
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..
The minimum order value is € 75.00.
For cancellations of confirmed orders we charge € 25.00.
Delivery times begin after final clarification of issued orders, after receipt of all orders for the necessary documentation (designs, drawings, technical data, etc.)
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.
Partial deliveries are permitted.
The supplier reserves the right to supply up to 10% above or below the quantities ordered.
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
Unless otherwise agreed, the choice of packaging, shipping and despatch is made without any liability and under our direction.
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.
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
Our prices are generally to be understood from our factory excluding freight and packaging cost, plus VAT at the applicable statutory rate.
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.
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.
Payments will be made solely on our accounts or by sending checks.
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.
Only claims which are undisputed or legally binding, can be set to the claims. Otherwise Offsetting is excluded.
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
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.
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.
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.
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.
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
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.
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.
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.
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.
All statutory and contractual claims of the customer from warranty prescribe six months after delivery.
8. Impossibility, default, breach of contractual secondary obligations
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.
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.
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
Place of fulfilment for the payment of the customer and the delivery is Ahlhorn.
Jurisdiction for both parties is Wildeshausen.
German law is applied exclusively.