Conditions of Use
General Terms and Conditions of Business
1. General
The following terms and conditions apply to all contracts, deliveries and performance. Any deviations must expressly be agreed in writing. Our terms and conditions of business are deemed to have been accepted when the goods are taken over by the customer. Deviations in color size and design are permitted insofar as these are reasonable for the customer. We reserve the right to make technical alterations.
The ownership rights and copyrights for all illustrations, calculations, drawings, contents of the catalogue and other sales and advertising materials are our exclusive property. They may only be made use of for the customers' own or other purposes after our express written consent has been obtained.
2. Offers
Our offers are at all times without engagement; only our written confirmations of order are binding in respect of the extent of deliveries and services. Orders placed by telephone will be confirmed in writing on request.
Dimensions and weights are deemed to be approximate unless otherwise agreed.
3. Prices
Our prices are ex-works, excluding freight and packing costs.
The minimum order value: € 50,00. For all orders below the amount of € 50,00 we have to add a charge of € 10,00.
4. Terms of payment
Invoices are due to immediate payment without any deductions. In case of part deliveries, we reserve the right to invoice separately for these.
Discounts can only be taken if all previous invoices have been paid. Cheques and bills of exchange are accepted subject to correct payment and excluding the charging of all ancillary costs (discounting charges).
In the event of delays in payment, we will charge interest on payment in arrears of 5% (five per cent) per annum over the current discount rate of the German Federal Bank. lf part-payments have been agreed and an agreed period for payment has been exceeded, the entire sum is due to immediate payment.
lf justified, we reserve the right to insist on payment in advance or on other evidence of payment. We accept payments in US-Dollar and Euro.
5. Assembly
Insofar as it has been agreed, we carry out assembly work ourselves. We are authorized to employ sub-contractors. Settlement of accounts is on the basis of our offer.
The client must ensure that assembly and/or building sites are prepared by the agreed time. Additional costs caused by delays and aggravated conditions will be invoiced separately by us.
6. Delivery time and terms of delivery
Delivery dates or periods of delivery are deemed to be without obligation and approximate unless a fixed date or period has been agreed.
Technical queries must be clarified in advance, subsequent alterations or additions may result in delays in the delivery times. lf unreasonably long delays in the delivery time(s) can be expected, we are authorized to withdraw from the contract. Any liability for delays in delivery is excluded. The customer is obliged to accept the goods after these are placed at his disposal. Any costs which result from delay in acceptance will be charged to the customer.
7. Dispatch
In all cases dispatch is at the expense and risk of the consignee.
Note: Please inform your forwarding agent or UPS of any transport damage so that this can be assessed, and record the details on the delivery note. Your insurance will only cover the loss, and we can only provide replacements, if there is a loss assessment.
8. Complaints and consequential harm caused by defects
Our goods and performances must be checked for any defects immediately after receipt. We must be informed of any complaints in writing within 10 days of receipt at the latest. Complaints do not entitle customers to withhold payment or reduce the amount of payments.
We reserve the right to rectify any defects; only if it is not possible for us to do so may, following agreement, an authorized third party be called in.
Warranty obligations are excluded if we are not informed within the permitted period and asked to rectify any defects. Also excluded are natural wear and tear and improper treatment of the goods as well as damage caused deliberately or by negligence.
Any subsequent complaint on the part of the buyer regarding defects in assembly work is excluded insofar as these defects were ascertainable at the time of inspection and approval.
The period of warranty obligation is 6 (six) months after the date of dispatch or assembly within the framework of the legal regulations (product liability).
9. Reservation of title
Until all payments have been made, we specifically reserve title to the object of the sale. Reservation of title only expires when we receive payment. Attachment or transference by way of security of the goods without our written agreement is not permitted. lf the goods are resold on credit, the customer cedes the security interests in the goods to us.
In the event of the threat of inability to pay debts (settlement, bankruptcy), the recipient of the goods undertakes to inform us immediately.
lf our claims are at any specific risk, we or any person authorized by us are entitled to obtain access to the goods at the place where they are stored.
In the event of a delay in payment, we are entitled to assign the claim to a debt-collecting agency. The customer undertakes to take out, at his own expense, adequate insurance against the risk of loss (fire, water, theft) in respect of the goods which have been entrusted to him.
10. Place of performance and jurisdiction
The place of performance is our registered office. For traders and legal persons under public law the place of jurisdiction, insofar as this is permissible, is Boeblingen. However, we are entitled to sue the customer in the court at his place of residence. German law is applicable.
11. Partial invalidity
Insofar as any individual provisions in these General Terms and Conditions of Business are wholly or in part invalid, the other provisions retain their full validity. The parties agree here and now that the invalid provision shall be replaced by an effective ruling which is reasonable for both parties and which comes closest in economic terms to the intended purpose.
