General Terms and Conditions
- The following terms and conditions are applicable for all deliveries and performances of the supplier. Orders are only deemed valid if confirmed in writing by both parties. In the case of sales contracts which are not confirmed by both parties, either supplier’s written order confirmation or buyer’s written order shall apply.
- All agreements are subject possibility and prior sale. Home orders below EUR 50,00 cannot be executed. Handling charges of EUR 15,00 are payable for orders from abroad below a goods value of EUR 250,00.
- Verbal and other arrangements, ancillary agreements and buyer’s conditions of purchase are only deemed binding if acknowledged in writing by the supplier. Should individual agreements render one or more provisions invalid either in whole or in part, this shall not affect the validity of the remaining provisions.
- Firm orders or orders for specially manufactured articles may only be cancelled with the written agreement of the supplier.
- Return shipments have to be charged with a handling cost up to 25% of the net value, at least with EUR 10,00. Re-acceptance of products can only be effected according to ISO 9001 when the LOT-No. and the delivery note (invoice) number are mentioned. The return of specially manufactured articles is precluded.
- Failure to deliver or delayed delivery for reasons for which the supplier cannot be held responsible do not entitle the buyer to claim damages. Impediments occurring as a result of force majeure exonerate the supplier from the obligation to adhere to agreed delivery periods. In such case, the supplier is entitled to withdraw from the contract or, after agreement with the buyer, to effect delivery at a later date.
- The supplier must be notified in writing of obvious defects in delivered goods within 10 days from receipt and of non-obvious defects, i.e. defects which come to light within 3 months from the delivery date, immediately on discovery of the fault. Defects shall be remedied or faulty goods replaced by the supplier free of charge, provided these are returned to the supplier and have neither been incorrectly handed, modified nor further processed by the buyer or third parties, nor damaged by brute force. The supplier shall accept no liability for profits forfeited as a result of a defect. Neither is the supplier liable for consequential damages suffered as a result of a defect.
- The supplier is not obliged to check samples, drawings and other documentation placed at his disposal with regard to existing industrial property rights. Any recourse claims arising as a result of violation of existing industrial property rights shall be the exclusive responsibility of the buyer.
- All price lists are drawn up in EURO, without engagement, ex works, net excluding VAT. Packaging, insurance and transportation costs are charged additionally.
- Shipment is always effected on the account and the risk of the buyer.
- The buyer shall notify the carrier without delay of any damage or loss of goods during transportation.
- All payments must be effected without loss to the supplier. Invoices are payable 30 days after date of invoice in full or within 8 days with 2% cash discount. Cash discount is only granted if all payments due from previous deliveries have been full.
- Payments effected in foreign currencies shall only be credited at the net proceeds in EURO. Losses shall be borne in every case by the buyer.
- In case of default in payment, the supplier is entitled to levy interest on arrears of 4% over the valid Deutsche Bank discount rate, but at least 7%.
- Supplied goods shall remain the supplier’s property until payment in full, including interest and ancillary costs. In case of resale, the proceeds or the resulting claim shall be assigned to the supplier.
- Catalogues and price lists shall remain the supplier’s property and are provided solely for the sale of his products. Such documents may neither be reproduced nor made available to unauthorized persons or competing companies. All illustrations and dimensional specifications provided in our catalogues are without commitment. The supplier reserves the right to make changes or amendments which are in the interests of the further development or improvement of his products and which may, therefore, be deemed acceptable to his customers.
Court of jurisdiction: 78224 Singen / Germany
Place of performance and payment: 78234 Engen / Germany
German law shall apply exclusively for both parties.