Terms and Conditions
1) Offers
The documents belonging to the offer such as illustrations, drawings, weight and
Unless expressly stated as binding, dimensions are only approximate.
We reserve ownership and copyright to drawings, cost estimates and other offer documents. They may not be made accessible to third parties without our express written consent. We are only obliged to make plans designated as confidential by the customer accessible to third parties with his consent.
The customer assumes sole responsibility for the documents to be provided by him for the production, such as drawings, gauges, samples, models or the like. The purchaser also assumes liability for the execution drawings submitted by him not interfering with the property rights of third parties. We are not obliged to the purchaser to check whether the submission of offers based on execution drawings sent by him violates third party property rights in the event of execution. If liability nevertheless arises on our part, the customer must hold us harmless.
In the event of obvious typing or calculation errors in the offer or in the written order confirmation, we are entitled to withdraw from the contract without prejudice to our other rights. Claims for compensation by the buyer are excluded when exercising this right of withdrawal.
2) Scope of delivery
Our written order confirmation is decisive for the scope of delivery. Changes and side agreements require our written confirmation.
3) Price and payment
Unless otherwise agreed, the prices apply in euro ex works, excluding packaging. In the case of domestic business, the applicable statutory value added tax is added to the prices. Payments are to be made free to our paying agent. If the target is exceeded, the supplier is entitled to charge default interest at a rate of 4% above the respective base rate. Withholding payments or offsetting due to any counterclaims of the customer that we contest is not permitted.
4) delivery time
The delivery period begins with the sending of the order confirmation, however not before providing the documents, permits, releases to be procured by the customer and before receipt of an agreed down payment. The delivery period is met if the delivery item has been reported to the customer as ready for dispatch by the end of the delivery period. The delivery period is extended appropriately in the event of industrial disputes, strikes, lockouts and events for which we are not responsible, such as damage caused by natural force, operational disruptions, rejects, delays in the delivery of essential raw materials and components, insofar as such obstacles can be proven to have a significant impact on the completion or delivery of the delivery item To exert influence. This also applies if such circumstances occur with subcontractors.
We are also not responsible for the aforementioned circumstances if they arise during an already existing delay. In important cases, we will inform the client of the beginning and end of such impairments.
If shipping is delayed at the request of the purchaser, he will be charged one month after notification of readiness for dispatch, the costs incurred by the storage, but at least 0.5% of the invoice amount, for each month started. We are entitled to dispose of the delivery item elsewhere after a reasonable period has been set and to no avail and to supply the customer with a reasonable extended period. Compliance with the delivery time presupposes the fulfilment of the contractual obligations of the customer.
The customer undertakes to pay all costs incurred by the supplier if the goods are not accepted or the delivery date is cancelled at short notice. Including, but not limited to, costs in connection with round-trip transport, standing or lying time, storage, return delivery and disposal, expenditure for personnel.
5) Transfer of risk and acceptance
The risk is transferred to the customer upon loading or dispatch of the delivery item, even if partial deliveries are made or other services, e.g. Shipping costs, delivery and installation are covered by us. If the shipment is delayed due to circumstances for which the purchaser is responsible, the risk passes to the purchaser from the day of readiness for dispatch; however, we are obliged to take out the insurance that the purchaser requests and at the expense and request of the purchaser. Delivered items, even if they have minor defects, are to be accepted by the purchaser without prejudice to the rights under section 7. Partial deliveries are permitted. At the request of the customer, we will insure the goods against theft, breakage, transport, fire and water damage as well as other insurable risks at his expense. This insurance is valid up to the time of the complete transfer of ownership to the buyer.
6) Retention of title
We reserve ownership of each delivered item until all payments from the delivery contract have been received. The purchaser must insure the delivery item against theft, breakage, fire, water and other damage at the expense of the purchaser without the supplier's request. The customer may neither pledge the delivery item nor assign it as security. In the event of seizures, confiscation or other dispositions by a third hand, he must notify us immediately. If the orderer behaves contrary to the contract, in particular in the event of delayed payment, we are entitled to take it back after a reminder and the orderer is obliged to surrender it. The assertion of the retention of title and the attachment of the delivery item do not count as a withdrawal from the contract.
7) Warranty
We are liable for defects in the delivery, which also include the lack of expressly guaranteed properties, excluding other claims as follows:
All those parts will be repaired by us free of charge and at our reasonable discretion or delivered as replacements within 12 months from the day of commissioning or, if no commissioning, from the day of delivery due to a circumstance prior to the transfer of risk, in particular due to faulty execution point out unusable. The discovery of such defects must be reported to us immediately in writing. We are not liable for defects in the material provided by the customer. For essential third-party products, our liability is limited to the assignment of the liability claim against the supplier of the third-party product. If shipping is delayed through no fault of ours, liability expires no later than 12 months after the transfer of risk. In the case of production according to the customer's drawing, we are only liable for the execution according to the drawing.
Deviation of the goods from illustrations, drawings, weights and other technical or other data / information in our offer do not constitute a defect if they only insignificantly reduce the value and suitability of the goods. We do not guarantee the damage caused for the following reasons:
Unsuitable or improper use, non-observance of the operating instructions, incorrect assembly, commissioning by the customer or third parties, natural wear and tear, incorrect or negligent handling, unsuitable equipment, chemical, electrochemical or electrical influences, unless they are attributable to our fault. The customer has to give us the necessary time and opportunity to carry out all improvements and replacement deliveries that we deem necessary at our reasonable discretion, otherwise we are released from liability for defects. The purchaser has the right to have the defect remedied by himself or by a third party only in urgent cases where operational safety is endangered and to prevent disproportionately large damage, whereby we must be informed immediately, or if we are in default with the remedy of the defect to request reimbursement of the necessary costs from us on presentation of appropriate supporting documents.
We bear the direct costs incurred by the rectification or replacement delivery insofar as the complaint turns out to be justified. Apart from that, the customer covers the cost.
The warranty obligation for the replacement part and subsequent delivery or replacement delivery is 3 months from the delivery date. However, it runs at least until the original warranty obligation for the entire delivery item expires. Liability for any resulting consequences will be cancelled if the customer or third parties improperly make any changes or maintenance work without our prior approval.
Further claims of the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded to the extent permitted by law. The supplier is under no circumstances liable to the purchaser for lost profits, loss of profit margins, loss of contract, loss of business, loss of goodwill or any indirect or consequential damage resulting from or in connection with the contract.
8) Liability and ancillary obligations
If, through our fault, the delivered item cannot be used in accordance with the contract as a result of the failure to perform or incorrect execution of proposals, advice or other contractual obligations, in particular instructions for the operation and maintenance of the delivery item, before or after the conclusion of the contract, then further claims shall apply, to the exclusion of further claims of the customer the regulations of sections 7 and 9 accordingly.
9) Right of the customer to withdraw
The customer can withdraw from the contract if the entire service is finally impossible before the transfer of risk. The same applies to inability on our part. The purchaser can also withdraw from the contract if the execution of part of the delivery becomes impossible in terms of number when ordering similar items and if he has a legitimate interest in rejecting a partial delivery. If this is not the case, the customer can reduce the consideration accordingly. If there is a delay in performance within the meaning of Section 4 of the terms of delivery, the customer grants us a reasonable grace period with the express declaration that he will refuse to accept the performance after this period. If the grace period is not met, the customer is entitled to withdraw.
If the impossibility arises during the delay in acceptance or through the fault of the purchaser, the purchaser remains obliged to provide consideration.
The purchaser also has a right of withdrawal if a reasonable grace period given to us for the repair of the replacement delivery regarding a defect for which we are responsible passes fruitlessly through our fault. The purchaser's right of withdrawal also exists if we are unable or unable to repair or deliver a replacement.
To the extent permitted by law, all other additional claims of the purchaser, in particular for conversion, termination or reduction, as well as for compensation for damages of any kind, including those that did not arise on the delivery item itself, are excluded.
10) Right of the supplier to withdraw
In the event of unforeseen events within the meaning of Section 4 of the Terms of Delivery, provided that they significantly change the economic meaning or the content of the service and have a significant impact on our business and in the event that it becomes subsequently impossible to carry out the contract, the contract will be adjusted accordingly. If this is not economically justifiable, we have the right to withdraw from the contract in whole or in part.
The purchaser does not have any claims for damages due to such withdrawal. If we want to make use of the right of withdrawal, we will inform the customer immediately after knowing the scope of the event, even if an extension of the delivery period was initially agreed with the customer.
11) Place of jurisdiction
In all disputes arising from the contractual relationship, the lawsuit must be brought before the court that is responsible for the headquarters of our company. We are entitled to sue at the customer's headquarters.
Dated 07/2020
Translation of the German original, the German original is binding.