General Terms and Conditions
Terms of delivery and payment (as of 01/01/2015)
By placing an order, the customer accepts the following terms and conditions. Other conditions shall only become part of the contract if we agree to them in writing. Verbal agreements shall only become effective if we confirm them in writing.
II. Deliveries, transport risk
Deliveries, services and calculations shall be made at the prices and conditions applicable on the date of shipment or acceptance. This agreement shall not apply to customers who are not merchants if the ordered goods should be delivered within four months after conclusion of the contract. All prices are ex works Beverungen.
Delivery shall be made by the shipping method selected by us by rail, post or lorry ex works. The goods shall in all cases travel at the risk of the Purchaser. Transport delays shall also be at his expense. No allowance will be made for self-collection. Required packaging will be charged at cost price. For custom-made products, the acceptance of our products takes place in our factory. Acceptance, travel or accommodation expenses of the Purchaser's acceptance representative shall be borne by the Purchaser. If the Purchaser waives acceptance or does not make a declaration to this effect within five days of placing the order, the goods shall be deemed to have been accepted as soon as they leave the factory. Costs for tools to be made or procured shall be invoiced on a pro rata basis. This shall not create a right to transfer of title. The tools shall instead remain our property.
III. Delivery times
We only quote delivery times after careful examination, with adaptation to the requirements of the customer. Nevertheless, they can only be approximate and non-binding. In the event of delay, which does not occur if the delay is caused by circumstances beyond our control, all claims for compensation by the Purchaser in respect of damage caused by delay (§ 286 para. 1 BGB (German Civil Code)) are therefore excluded to the extent permitted by law. Compensation for non-performance shall only be granted if the damage is caused by us due to gross negligence or wilful intent. The Seller shall always have the statutory right to withdraw from the contract after setting a reasonable grace period of one month. Insofar as it concerns a custom-made order which is in progress at the time of setting the extension period and cannot be completed for any reason for which we are not responsible, the extension period shall be 3 months.
Our information about weight, design etc. is only for the general description. It does not constitute a warranted characteristic, unless otherwise agreed in writing. The Purchaser shall be obligated to inspect the delivered goods immediately on receipt and to immediately make a complaint in writing about any recognisable defects.
The complaint must be received by us no later than one week after delivery. After expiry of this period, claims for defects can no longer be asserted for recognisable defects. Complaints about defects that are not recognisable must be made in writing within a period of one week after their occurrence. After the expiry of six months, a complaint is no longer possible.
Otherwise, the further statutory duties of inspection and notification of defects shall apply to purchasers who are merchants. In the case of justified complaints, whereby deviations in the design and dimensional accuracy are not deemed to be defects within the scope of tolerances customary in the industry, we shall, after return of the parts subject to complaint, at our discretion either rectify the defect or provide a replacement delivery. In the event of failure of the rectification or the replacement delivery, the purchaser reserves the right to demand a reduction of the remuneration or the cancellation of the purchase contract.
Further claims, in particular claims for damages of any kind - also for indirect damages - are excluded, unless the damage was caused by gross negligence or intent on our part. No warranty is given for goods that are not new. The same applies to defects caused by improper use, intervention by third parties, damage, natural wear, improper handling or installation, etc.
Our invoices are payable within 10 days of the date of issue with a 2% discount, within 30 days of issue without any deduction. Bills of exchange and cheques shall only be accepted with express written agreement on account of performance and free of charges. If the due date is exceeded (30 days since the invoice date), we shall be entitled to charge 1% interest per month on the outstanding debt. We reserve the right to assert claims for further losses caused by delay. In addition to the cases provided for by law, we shall be entitled to withdraw from the contract and to refuse the performance of current contracts if bankruptcy proceedings have been initiated against the assets of the customer, if such proceedings have not been initiated due to lack of assets or if insolvency proceedings have been initiated. The same shall apply if the Purchaser must submit an affidavit according to § 807 of the German Code of Civil Procedure (ZPO) or if we become aware of payment difficulties or a significant deterioration in the financial circumstances of the Purchaser.
The assertion of the retention of title, in particular by taking back the goods, which is permissible in the event of exceeding the deadline or endangering our claim to ownership, shall not be deemed to be a withdrawal from the contract.
VI. Retention of title
We retain title to the goods delivered by us until all outstanding claims have been paid in full, even insofar as they have been placed in a current account and the balance has been recognised. The Purchaser shall be entitled to sell or further process the goods received in the ordinary course of business. The new items created by processing or by a combination shall also be subject to our retention of title. Accordingly, the processing is carried out for us without obligating us. If joint ownership arises, we shall acquire this in the ratio of the invoice value of the entire items used for production to the invoice value of the reserved goods delivered by us. If sole ownership arises for the Purchaser, the parties already agree that this shall pass to us in the same proportion.
The Purchaser hereby assigns to us the claim acquired from the sale of the goods subject to retention of title in the amount of the respective invoice value with priority over the rest. If the assignments result in an overcollateralisation on our part of more than 20% above our respective total claim, we shall be obliged, at our discretion, to release the existing securities in excess of this value at the request of the Purchaser or its creditors.
The Purchaser shall collect the assigned claims in its own name. We will not make use of our own collection authority as long as the Purchaser duly fulfils its payment obligations. The Purchaser shall not be entitled to transfer ownership by way of security or to pledge the goods subject to retention of title. On request, the Purchaser shall notify its customers about the assignment and confirm our ownership in writing and provide us with the necessary information as well as hand over the necessary documents to us or allow copies to be made. The Purchaser undertakes to inform us immediately in writing in the event of impairment of our property due to seizure or other actions. We shall be entitled to demand the return of the goods subject to retention of title or to collect them with our own personnel in the event of a reason for withdrawal referred to in Clause V. We shall be authorised to enter the premises of the Purchaser for this purpose. In addition, the powers of disposal granted above shall be terminated.
Claims for damages against us shall always be excluded unless they are based on gross negligence or intent on the part of our employees.
VIII. Place of performance, jurisdiction
The place of performance and jurisdiction for commercial purchasers is Beverungen or Höxter. This shall also apply to actions based on bills of exchange and cheques. In all cases, the law of the Federal Republic of Germany shall apply with exclusion of the Uniform Law on the International Sale of Goods.