General information:
Our business relations with our customers shall be governed exclusively by the following Terms and Conditions of Sale and Delivery.Subsidiary agreements are only valid if they have been confirmed by us in writing.
Offers are subject to change. Additional agreements are only valid if they have been confirmed by us in writing.
Shipment:
Our written order confirmation, and if no such confirmation has been issued, our delivery bill alone shall be decisive for the type and scope of delivery.We shall determine the delivery periods to the best of our judgment; they refer to the time of delivery ex works and are subject to change. A reasonable extension of the delivery period shall be granted if the customer fails to meet its obligations or if the execution of the order is delayed due to unforeseen or extraordinary events at our plant or at our suppliers, in particular in the event of official measures or difficulties in procuring raw materials. No claims can be made if the delivery time is exceeded.
Complaints can only be recognized if they are made in writing within three days of receipt of the goods.If the complaint proves to be justified, a replacement will be delivered free of charge.In the case of quality defects, however, only if the defective devices or parts are returned.Further claims are excluded.
Prices and terms of payment:
Our prices are net ex works including packaging. The list price or special price valid on the day of delivery plus any precious metal surcharges shall apply. These will be invoiced separately in accordance with the previous day’s quotation on the day the order is received. Surcharge tables, which are part of our terms and conditions of sale and delivery, will be made available on request. Shipping costs are charged at cost price. Our invoices are due either 14 days from the invoice date with a 2% discount or 30 days net. If the payment term is exceeded, the buyer is obliged to pay interest on the purchase price at the usual bank debit interest rate, but at least 5% above the respective discount rate of the Bundesbank. All costs caused by late payment, such as reminder fees, collection fees and the like, shall be borne by the Buyer.
Retention of title:
The delivered goods shall remain our property until full payment of all claims arising from our business relationship, including those arising in the future, including all ancillary claims. If a balance is drawn, the retention of title shall serve as security for the claim arising from the balance. The customer hereby irrevocably assigns to us by way of security any claims arising against third parties in the event of a resale or for any other legal reason, as well as his claim to surrender on the basis of reserved ownership. We hereby accept this assignment. Our retention of title shall also extend to new items created by processing or combination which are deemed to have been manufactured for us and in which we acquire ownership or co-ownership in accordance with the value of the reserved goods at the time of processing or combination, without this requiring a special legal act and without any obligations arising for us as a result.
We agree with the customer on this acquisition of ownership by way of security, as well as on the fact that the customer shall store the new items resulting from the transformation for us free of charge until revocation. Insofar as new items are created through processing or combination, to which the customer acquires sole ownership, we and the customer agree that we shall also acquire ownership of these until full payment of all claims arising from our business relations, including those arising in the future. The transfer to us shall be replaced by the agreement made herewith that the purchaser shall store these new items for us free of charge until revoked. The purchaser assigns to the seller in advance his rights of ownership or co-ownership or his monetary claims to the newly created goods as well as his claims for remuneration against his customer arising from the processing of the delivered goods, corresponding to the value share of the processed goods. The customer is obliged to insure the goods subject to retention of title at his own expense and in our favor against fire, breakage, water damage and theft. Any security claims arising in the event of damage shall be assigned to us. We undertake to release the securities to which we are entitled in accordance with the above provisions at our discretion to the extent that their value exceeds the claims to be secured by 15%, with the proviso, however, that this must be done with the exception of deliveries that have been paid in full. If the goods are seized or confiscated from the customer, he must inform us immediately in writing.
Right of withdrawal:
If it is established after conclusion of the contract or after delivery of the goods that the customer is not creditworthy, or if a reduction in his creditworthiness occurs in the course of the development of the contract, we shall be entitled to withdraw from the contract or to demand immediate payment for goods delivered and advance payment for goods still to be delivered.
The place of performance and place of jurisdiction for all legal disputes arising from the contractual relationship is the registered office of our company for both parties.
Dimensions, weights and illustrations correspond to the status at the time of publication. We reserve the right to make changes without prior notice, taking into account ongoing developments.
We offer a guarantee for all appliances supplied for a period of one year from the date of invoice. The guarantee covers material or manufacturing defects that are due to design reasons and is limited to free replacement of the affected parts. However, we reserve the right to examine a warranty claim ourselves in order to determine whether any faults that have occurred are not due to improper use of the appliances. We cannot accept any further claims for damages.
Warranty:
Changes in the construction or design that do not impair either the functionality or the value of the goods do not constitute a defect. In principle, only the product description shall be deemed agreed as the quality of the goods. If the goods are defective, which must be reported immediately in writing by the customer, we shall remedy the defect free of charge within a reasonable period of time by our customer service or deliver a defect-free item (= subsequent performance). We shall choose the appropriate type of subsequent performance in each case, taking into account the proportionality. If the rectification or replacement delivery fails, the customer may withdraw from the contract or reduce the purchase price. In the event of a replacement delivery or withdrawal, we reserve the right to claim a reasonable compensation for use. The declaration listed below applies to claims for damages; any further claims by the customer are excluded. If the customer or third parties carry out improper modifications, installation/removal or repair work, no claims for defects shall exist for these and the resulting consequences. All statutory and contractual claims of the customer which are based on a defect in the goods shall become time-barred within two years of delivery in the case of new goods. The warranty period shall not begin to run anew if the defect is remedied or a new delivery is made. This shall not apply if the law prescribes longer periods than two years, in particular in the case of intent, fraudulent concealment of the defect and non-compliance with a guarantee of quality. The customer’s claims for reimbursement of expenses pursuant to § 445a BGB (recourse of the seller) shall also expire two years after the statutory limitation period begins, provided that the last contract in the supply chain is not a purchase of consumer goods.
Other liability:
Claims for damages by the customer, regardless of the legal grounds, are excluded. This shall not apply if, for example, liability is mandatory under the Product Liability Act or in cases of intent, gross negligence, personal injury or breach of material contractual obligations. Compensation for the breach of essential contractual obligations shall, however, be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for bodily injury. Beyond this, there are no claims against us, in particular no claims for damages or recourse in the event of non-compliance with the information in the instructions for use or assembly and in the event of misuse of the goods. Likewise, there shall be no claims for damages or recourse in the event of damage resulting from improper installation, assembly or repair of our goods or which occur during transportation after the transfer of risk to the customer. Liability shall not apply in the event of tampering with the goods, in particular the replacement of parts or modification of the product. Claims for damages due to a defect shall lapse one year after delivery of the goods, unless gross negligence or fraudulent intent can be proven or in the case of damage to health. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.