CONDITIONS OF DELIVERY AND PAYMENT
We are happy to work for you under the following conditions of delivery and payment.
Offers, sales, deliveries and calculations are performed according to the following conditions, and according to our prices which are valid on the day of delivery. We retain the right to change these at any time. Therefore our offers and delivery agreements are without obligation. We expressly retain the right to make changes to models; errors are excepted and goods are subject to prior sale. All earlier price lists and catalogues lose their validity on appearance of the new catalogue. The prices stated in the price lists and catalogues are without VAT. The rate of VAT which is valid at the time of invoicing must be added.
1. Delivery and despatch costs:
Delivery is always on the account and at the risk of the consignee.
Goods are send free destination within the Federal Republic of Germany. In the case of consignments with a goods value of up to
EUR 25.- a low-value supplement of EUR 10.- is added.
In the case of consignments with a goods value of up to EUR 250.- a postage and packing charge of EUR 2.50 is added. Any special packaging requested by the customer or necessary for despatch according to special request is charged for as extra. The cheapest method of despatch is always selected. If special forms of despatch are required (e.g. Express), the extra costs are invariably charged for. Conditions for despatch of machines are carriage forward EX WORKS, without packaging. Packaging and transportation costs are calculated separately and are extra.
Conditions for despatch of goods outside the Federal Republic of Germany are EX WORKS, without packaging. Packaging and transportation costs are calculated separately and are extra. The minimum order value be EUR 100.-. For consignments with a goods value of up to EUR 250.- a low-value supplement of EUR 25.- is added.
2. Delivery times:
Orders are only accepted subject to our being supplied with the correct goods on time. This applies to all orders. Articles which are sold out when the order is placed are automatically noted for subsequent delivery.
Act of God, operational disturbances, measures on the part of official authorities or other unforeseen circumstances which occur in our company or in suppliers' companies release us from the obligation to adhere to agreed delivery times and also give us the right to cease further deliveries or not to fulfil obligations regarding subsequent deliveries without having to pay compensation. In no circumstances can we accept liability for delay caused by our own supplier or by non-delivery on the part of a supplier. Orders for goods on waitlist where delivery is not possible within 6 weeks or 45 days are automatically cancelled without the need for further notice. In such a case we ask for an order for a new or replacement article.
Regardless of any agreed delivery times, we shall not be deemed late with delivery as long as the purchaser is in arrears of payment with regard to current invoices.
3. Liability, Material or Quality Defects, Defective Title, Liability:
3.1 Material or Quality Defects
The seller shall provide a warranty with regard to material and quality defects in the items supplied as follows, excluding further claims:
Recognisable defects must be reported in writing to the seller without delay, at the latest within 8 days of receipt of the goods, defects which are not immediately recognisable must be reported immediately on discovers, stating the order date and invoice number. In both cases, all claims as regards the defects shall lapse 12 months following transfer of risk with regard to the goods.
In the case of justified complaints, the seller undertakes to rectify the defect within an appropriate period of time, either by means of rework or repair, or by supply of replacement goods.
If rework or repair is not successful after three attempts, or if rework or repair is unreasonable for the customer, the customer is entitled to reduce the purchase price by agreement or to withdraw from the contract.
Further claims, in particular with regard to reimbursements for costs or expenses incurred, or claims for compensation in relation to consequential damages become time-barred after one year after passing of risk. No warranty or guarantee is provided if the goods are repaired or reworked by parties other than the seller, or if the goods are handled or stored in an incorrect or inappropriate manner, or in case of wear and tear. In the presence of a minor defect only, the customer shall only be entitled to as reduction in the contractual price for the goods following agreement with the seller. Goods, which are subject to complaint, may only be returned with our express prior permission. In the absence of an additional warranty expressly stated, information relating to dimensions, weights or other physical performance characteristics, whether in catalogues, brochures, technical drawings or other contractual documents, are only approximate values and are not considered to be warranted or agreed characteristics. Samples or patterns only serve to describe the nature of the goods and are not deemed warranted characteristics of the goods.
Return or exchange of goods for which a fixed order has been placed and which has been delivered in a proper fashion is not possible without our express written agreement. Goods which are returned without postage paid are not accepted. We do not accept liability for any additional costs arising from refusal to accept the goods. In the case of returns with a view to exchange we impose a handling charge equivalent to 10% of the value of the goods. Only after this amount is deducted is a credit note given to the value then calculated. Goods with an invoice date older than 12 months can no longer be accepted back against a credit note or for exchange. Goods which are supplied in a proper manner which we do not keep in stock and have only procured based on special request cannot be returned or exchanged.
3.2 Liability in the case of transportation damage.
Recognisable defects with regard to goods which have been transported must be reported to the carrier on delivery, and the damage confirmed in writing. The seller must also be informed immediately. If the report of the damage by the consignee is not submitted or is submitted late due to the consignee's fault and if the complaint of the seller against the carrier is therefore unsuccessful, no claims can be made to the seller with regard to the defects. The claims for damages of the customer are limited to the amount of carrier's liability.
Defects which cannot be recognised from the outside and which have been caused during transportation must be reported in writing to the seller within 7 days of receipt of the goods, stating the date of the order and the invoice number.
3.3 Defective title/Liability:
The seller shall only be liable for damage which is not damage to the item delivered itself, in cases of deliberate intent, culpable injury to life, limb and health for which the seller is at fault, or withholding of information with the intent to deceive. The amount of the damages is restricted to the damages which are typical for the type of contract and which can be reasonably foreseen.
4. Retention of title:
We retain title to all goods supplied by us until all payments, including future or conditional payments, have been made in full. However, the buyer is entitled to sell on the goods to a third party during the normal course of business or to subject them to further processing. However, the buyer assigns all claims and associated rights which arise or have arisen from onward sale of the goods with regard to his customer to us on conclusion of the purchase contract until all our claims have been met.
Upon our request, the buyer has the obligation to inform the second-tier buyers of the assignment of our claims and to provide us with the information and documents which are necessary in order to assert our claims. Prior to making all payments which are due, the buyer may neither pledge the goods nor assign them as security. A request for return of the goods supplied under our retention of title does not automatically imply withdrawal from the contract. If our property is endangered in any way whilst in the care of the buyer, the buyer must inform us immediately. Striking of a balance and recognition of a balance do not affect the retention of title. Application for opening of insolvency proceedings entitles the seller to withdraw from the contract and to require immediate return of the item supplied.
regardless of further legal rights or rights arising from these terms and conditions, we are entitled to withdraw from the contract if the customer has given incorrect information with regard to facts or items which influence his creditworthiness. The same applies if facts become known to us which are liable to give rise to reasonable doubt regarding the present or future creditworthiness of the customer and the customer has not responded to a request to provide security up to the amount of all existing claims or claims already based on a contract within a specified time.
Germany: The date of invoice is decisive as regards the due date for payment. Payment is due
Abroad: Net payment in advance
- by automatic debit transfer with 4% discount or
- within 10 days with 3% discount
- within 30 days net cash.
If credit notes are used as payment, the value of the credit note must first be deducted from the amount of the invoice, followed by calculation of the discount. Payments for returned goods may only be offset after we have issued the corresponding credit note. Other deductions are not recognised and repayment shall be required in all cases. Justified reductions in the price will be expressly recognised through issue of a credit note.
7. Arrears of payment:
In cases of arrears of payment we retain the right to add normal bank rates of interest instead of the interest rate for arrears allowed for by the law. All our claims become immediately due, if the conditions of payment are not observed or if circumstances become known to us which according to our reasonable commercial judgement are liable to reduce the creditworthiness of the customer. We are then also entitled, without prejudice to further legal rights, only to implement further supply against prior payment or to require compensation due to lack of fulfilment.
It is not permitted to pass on the catalogue to private end users.
9. Place of fulfilment and legal venue:
The place of fulfilment for delivery and payment is Göppingen. If the buyer is a full merchant in the legal sense, the exclusive legal venue for all disputes arising from this delivery contract shall be Göppingen for both parties.
10. German law is deemed agreed between the parties.
11. Severability clause:
if one or several provisions of these conditions or parts of them should prove ineffective, the effectiveness of the remaining provisions shall not be affected. In this case, the contractual partners are obliged to cooperate in formulating a provision which approaches the economic effect of the invalid provision as nearly as possible. The provision to be newly formulated shall apply for both business already completed and future business.
Göppingen, July 2017