All legal transactions as part of our business operations are based exclusively on our Terms and Conditions.
All offers are subject to terms of price and availability. Verbal, telephonic or arrangements made by representatives shall obtain only valid if they are confirmed by us: this is especially true for the assurance of properties. Pictures, drawings, etc., are only approximate, they remain our property and may Third, in particular competitive companies be made available.
The minimum order value is € 50,00 net; lower value contracts are settled with this minimum order value.
The customer has to be checked immediately after receipt of the order confirmation to be accurate, in particular the technical data contained then, on compliance with his order.
Technical changes, especially small-scale improvements, as far as reasonable for the customer are reserved.
Off by the customer with counterclaims is excluded, unless the counterclaims are undisputed or legally established. If the buyer is a businessman, he has no right of retention against our claim for payment is to due to counterclaims.
II Prices and Payment
Our prices in € ex works without packaging, freight, customs, etc. plus VAT at the statutory rate.
There are, even with subsequent delivery agreements valid on the day of delivery according to our price lists. An increase of pay is excluded if the customer is not a merchant and your delivery or performance within 4 months after signing the contract.
We are entitled to 1/3 of the agreed fee at time of contract, to demand another third in dispatch and the balance upon delivery.
Our invoices are payable within 30 days after the invoice date or within 8 days after the invoice date with 2% discount for invoice values up to € 2500, – net; at invoice values over € 2500, – net and for repair and assembly bills discount deduction is not allowed. Cheques and drafts are only as conditional payment, the latter is taken in by special arrangement. Switching costs and discount charges shall be borne by the buyer. A liability for timely presentation and protest is not accepted. Payments are only made on the day on which the seller can dispose of the invoice amount.
Are we after the contract becomes aware of circumstances which give rise to serious doubts about the creditworthiness of the customer, we may require deviating from agreed payment at our discretion advance payment or security.
In case of default of the customer, without prejudice to pay our legal rights to charge interest, default interest in the amount of to be paid by ourselves Bank interest. The customer has to pay without proof of to be paid by us bank interest to us interest at the rate of at least 8% above the Bundesbank discount rate unless the customer can prove that we no or significantly less damage has occurred; in the latter case the customer has to replace us with the actual damage. If the buyer is in arrears with payment of an invoice, all his liabilities immediately due. We will require you to the outstanding deliveries under loss of a payment deadline Barvorauszahlung the goods. The same applies to non-payment of bills or checks, suspension of payments, bankruptcy comparison and application for the opening of bankruptcy or composition proceedings by the buyer.
For international orders, we need to take action only after an irrevocable, free of charges letter of credit at the bank designated by us. The letter of credit must be made with the proviso that payment is made upon delivery or presentation of shipping documents.
Representatives and travelers are entitled to receive payments only if a written authority to collect.
The shipping method determined by the seller, at its discretion, but without any guarantee for the cheapest dispatch. The delivery takes place at the expense and risk of the buyer. An insurance is undertaken at the request and expense of the purchaser. If delivery is delayed through no fault of the seller or his agents, store the goods at the buyer’s expense. In this case, the effects of Shipment occur with dispatch by the seller. If, upon request of the customer the delivery directly to the consumer, the seller shall be paid for the corresponding additional costs. A liability for damages of any kind will not be accepted for such shipments, even if the transport carried out by its own personnel of the supplier, except in cases of intent or gross negligence of the seller or his agents.
Delivery dates are not binding unless expressly in writing the liability is settled. Partial deliveries are permitted. Unforeseen obstacles to delivery, in particular force majeure, strike, operational disturbances in the own works or, transport problems, difficulties in the procurement of raw materials, etc. result in a corresponding extension of the delivery deadline. Damage claims by the buyer are excluded, except for the seller or his vicarious agents on the delay and the leading thereto circumstances intent or gross negligence. In subsequent contract changes that may affect the delivery time, the delivery period shall be extended accordingly, unless special arrangements have been made here about the contracting parts.
In default of acceptance by the customer, we can withdraw from the contract or claim damages for non-performance of our choice. Notwithstanding further claims we can without proof of damage 15% of the contract price plus VAT. Demand as compensation, unless the customer can prove that we no or significantly less damage. In the latter case, the customer has to replace us with the actual damage.
Retention of title IV
The delivered goods remain our property until full payment of all claims from the business relationship with the customer.
Any working or processing of goods delivered by the customer on our behalf, without causing any obligation for us. When processing with other goods not in our property objects by the customer, the ownership of the new thing we are entitled to in proportion to the value of the goods to the other processed goods at the time of processing.
The customer is entitled to resell or process the reserved goods in the normal course of business operations, a pledge or collateral assignment is not allowed. Interventions in our rights by third parties, in particular attachments are to inform us immediately in writing. The costs of intervention measures incl. Litigation borne by the customer, if they are not paid by the party interfering with.
The claims of the customer to third parties from the resale or processing of the reserved goods, the customer already now to us; We accept this assignment. The buyer is revocably entitled to collect the receivables as long as he fulfills his obligations towards us. The customer has the sums collected separately from its other assets to Keep. Occurs over-hedging our claims by more than 20%, we are committed to appropriate release. The authority to collect the customer expires even if the results of substantiated by facts suspicion that the customer become insolvent or is insolvent. At our request, the customer must provide us with the information necessary to collect the assigned claims and notify the debtors of the assignment.
The delivery item must always be maintained during the retention of title in proper condition. Necessary repairs must the customer to execute at delivery mechanism or a body designated by this workshop, unless this is not possible or not reasonable in the circumstances of the individual case. Technical directives of the delivery mechanism, in particular instructions are to be observed.
The customer has to insure the delivery item to the full payment against loss / loss / damage at his own expense with the proviso that the rights of the insurance due to us to secure our claims. the customer of this obligation does not comply, despite a request, or it has not contact us for the insurance conclusion, we are entitled to conclude at the expense of the customer. Proof of completion of the insurance may be required from the time of handover. Insurance benefits are to be used for the repair / replacement. The insurance requirement does not apply to delivery items whose value excluding VAT € 1000, -. Not exceed.
If the customer is in default of payment or gives reasonable grounds for suspicion by the facts that the customer become insolvent / is advised, or if the customer despite warning considerably to fulfill its obligations above Ziff.IV 5 and 6 we can under retention of title goods that are re-accept us without herein without prejudice to mandatory deviating statutory provisions to withdraw from the contract exists. Customer agrees to irrevocably with the pickup by our representative agrees well with the fact that they enter the premises of the customer for the purpose of picking up. For the time the store under retention retrieved items with us during, we are only liable for intent and gross negligence. We have right to payment of a reasonable storage fee from the customer. We are also entitled to the repossessed us Objects unencumbered sale. The proceeds will be credited to the customer on his with us existing liabilities, paid an excess proceeds to the customer.
V Warranty and liability
We warrant that our products are state of the art at the time of shipment. Condition of our warranty that our operating and use instructions. We are not liable irrespective of different contractual arrangements for the appliance’s suitability for the Customer’s intended purpose.
Obvious defects in the goods delivered, without prejudice to shorter legal Rügefristen notify us no later than within 14 days from receipt of the shipment in writing. Belated notification of defects does not justify any claims against us.
ZiffV2 apply mutatis mutandis to non-obvious defects, if the customer is a businessman.
Otherwise, we are liable ½ year for defects in the delivery, including the lack of assured properties, provided that the customer has not caused any unauthorized modifications and repairs to the delivery item. Liability for consequential damages is excluded. To carry out all we deem necessary work, and the supply of or partial replacement of the customer has to grant us reasonable time and opportunity during normal working hours. Special requirements, and carrying out the work on Sundays and public holidays, night work and in remote places are charged for us. If this is denied, we are exempt from liability. For parts that are exposed due to their constituent material or the type and use of premature wear, we assume no liability. The same applies if improper servicing and care, overuse and misuse are detected. For chains, ropes, conveyor belts, plastic components and other foreign products, we pass on the liability of the manufacturer on. We are liable for the correct selection and calculation of these products. Responsibility for operation of our products, we assume only when installation and connection are properly and carefully and carried out by us. When failures of replacement and / or repair of the customer is the exclusion of all further claims, in particular claims for damages, the right to withdraw. If the customer is a merchant who in accordance with § 476 BGB to be borne by us costs are limited to the net order value of the defective object.
In case of complaint must be given to the absence of on-site or by sending in our work to us on request by the customer the possibility of appeal. A breach of this obligation the customer shall have no warranty claims against us, unless that breach of that duty our review of causation neither impeded nor difficult. u./o The cost of the audit. Submission charged to us if our delivery was poor.
Claims for damages due to impossibility of performance, delay, positive violation, from negligence in contracting and tort are excluded, unless they are based on intent or gross negligence by us or our agents. The customer in this case the exclusion of all other claims a right of withdrawal.
Repairs are always carried out in our factory. We are entitled, on the occasion of repairs execute even those working on the repair item, the necessity or expediency arises when the repair. In an unusual amount of work to be performed in addition we recover before executing the instruction of the customer.
Loaners are to treat the customer properly and with care. The care and insurance obligations of goods supplied under retention of title shall apply mutatis mutandis. If no loan period agreed, we may request at any time return of the loan unit. Failure to comply with the Leihebestimmungen, especially improper treatments or to insufficient temptation we can demand the return of the loan unit.
VIII provide information and advice
In consultations and exchanges of information by us, unless expressly a written consulting and engineering contract is concluded, not the conclusion of a consultancy contract. Consultations and exchanges of information to be accurate, but without guarantee. When seen considerable importance, especially economically far-reaching implications of the exchange of information for the customer, the advice is provided as a pre / main contractual secondary obligation.
IX of Performance, Applicable Law, Jurisdiction
Place of performance is our place of business in Wittlich.
Only German law. The application of the Uniform Sales Law is excluded.
Jurisdiction for deliveries and payments and for all between the parties to the agreement disputes arising incl. Of Schecks- and bills Wittlich agreed. In case of debt collection assignment of the seat of the collection agency. If the customer is not fully qualified Mannn or legal entity under public law, it remains at the legal jurisdiction regime with the proviso that is Wittlich agreed jurisdiction, if the customer does not have jurisdiction in the country or the customer after conclusion of his residence or domicile outside the region the Federal Republic of Germany.