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Terms of delivery and payment

I. General

 

The delivery and payment terms set out below apply to the entire business relationship with our customers. Here we refute the customer's conditions. These are also not tacitly recognized by us as part of the contract. Agreements that deviate from our delivery and payment terms require our written consent.

 

 

 

II. Offer and delivery

 

1. Our offers are non-binding.

 

2. Contracts are considered to be binding only upon our written confirmation of the order or upon completion of the delivery.

 

3. Technical documents such as drawings, descriptions, figures and other similar documents are indicative only; we reserve the right to make any changes that we deem necessary.

 

4. All technical documents remain our intellectual property and it is prohibited to copy, multiply, and bring them to the attention of third parties in any way. These documents can be used for the maintenance and handling of goods as long as we have provided them with such notice.

 

5. Technical documents relating to offers which do not end with an order must be returned to us as soon as possible.

 

6. Partial deliveries are permitted; each partial delivery is considered an independent business transaction.

 

7. With regard to the sale of goods in bulk or in unequal sack of European origin, transported from its country of origin by delivery service by rail or heavy goods vehicle, it is the weight loaded at the station. starting point which is taken into account for invoicing. However, the seller reserves the right at any time to reweigh the goods on arrival and to invoice the weight on arrival.

 

 

III. Prices and terms of payment

 

1. Unless otherwise agreed in writing, prices are to be understood ex works, without insurance, in the currency specified in the offer, without any deduction. All ancillary costs are the responsibility of the customer. Likewise, taxes, duties, fees and customs duties of all types are the responsibility of the customer.

 

2. We reserve the right to make price adjustments to the extent that wage rates, material prices or public royalty rates have changed between the time of the offer and the time of contractual delivery.

 

3. Our invoices must be paid within 30 days from the date of the invoice. In the event of late payment or deferred payment, we charge interest of 8% above the respective base interest rate of the Deutsche Bundesbank from the due date, unless one of the parties makes state of higher or lower damage.

 

4. Withholding of payments and set-off are only possible when the purchaser's counterclaim is not contested or when it has been established by a decision having the force of res judicata.

 

IV. Retention of title

 

1. The goods remain our property until full payment of all claims against the buyer, including future claims, arising from the business relationship.

 

2. The acquisition of title by the purchaser of the goods subject to retention of title, according to § 950 BGB, German Civil Code, in the event of transformation of the goods under retention of title into a new thing is excluded. A possible transformation is carried out by the buyer for the seller. The transformed goods serve as a guarantee on the part of the purchaser under retention of title up to the value of the goods under retention of title. In case of transformation of the goods by the buyer with other goods not belonging to the seller, the seller then acquires a proportional right of co-ownership on the new thing in the proportion of the value of the goods subject to retention of title by compared to other commodities processed at the time of processing. Furthermore, the same rule applies for the thing created by transformation as for the goods subject to retention of title. This item is considered to be goods subject to retention of title within the meaning of these conditions.

 

3. The buyer's claims resulting from the resale of the goods subject to retention of title are now assigned to the seller, regardless of whether the goods under retention of title have been resold without or after processing and to a single or to several buyers. The assigned receivable serves as a guarantee to the seller only up to the value of the goods subject to retention of title respectively sold. In the event that the goods subject to retention of title are sold by the buyer together with other goods not belonging to the seller, whether without transformation or after transformation, the assignment of the claim on the purchase price does not occur. applies only up to the amount of the value of the goods subject to retention of title forming the subject of this sales contract with the other goods or forming part of the goods sold.

 

4. The buyer is only authorized and entitled to the resale or alienation of the goods subject to retention of title on the sole condition that the purchase price claim resulting from the resale according to paragraph 3 above. above is transferred to the seller. The purchaser is not entitled to otherwise dispose of the goods subject to retention of title.

 

5. The buyer is revocably authorized to collect the receivable resulting from the resale despite the assignment thereof. The right of collection is not affected by the buyer's collection mandate. However, the seller will not collect the debt himself as long as the buyer satisfies his payment obligations properly. The buyer must communicate to the seller at his request the names of the debtors of the assigned receivable and report the assignment to the debtors. The retention of title defined in the above clauses remains even if the seller's claims have been entered in the current account and the statement (balance) has been established and recognized.

 

6. The retention of title of the seller is subject to the condition that ownership of the goods subject to reservation passes unconditionally to the buyer and that the assigned claims revert to the buyer upon full payment of all claims of the seller resulting from the business relationship. The seller only undertakes to release the guarantees of his choice, due to him according to the foregoing provisions, when the value of the guarantees established exceeds his receivables by more than 20%.

 

7. If the buyer exercises his right to return the goods that are the subject of complaints, this does not constitute withdrawal from the contract. The seizure of third parties on the goods subject to retention of title or on the receivables must be reported immediately to the seller, the same applies to a possible request for judicial settlement as well as the opening of such a procedure, regardless of whether the request was made by the seller or another creditor. The buyer must insure the goods subject to retention of title sufficiently against fire and theft as defined in paragraph 1. Insurance claims resulting from damage shall be transferred to the seller up to the value of the goods subject to retention. of property.

 

8. The purchaser is obliged to sufficiently insure the goods subject to retention of title against fire and theft. Insurance claims arising from damage are transferred to us immediately up to the value of the goods subject to retention of title.

 

V. Delivery times

Packages are generally dispatched within 2 days after receipt of payment and are shipped via UPS with tracking and drop-off without signature. If you prefer delivery by UPS Extra with required signature, an additional cost will be applied, so please contact us before choosing this method. Whichever shipment choice you make, we will provide you with a link to track your package online.

Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.

Boxes are amply sized and your items are well-protected.

 

1. We make every effort to have each delivery made as quickly as possible without, however, guaranteeing that the delivery time is respected. Delivery deadlines are met when the object has left the factory until the expiration of these same deadlines.

 

2. If we become late and this results in damage to the buyer, then the buyer has the right to demand lump-sum compensation for the delay. This compensation corresponds to 0.5% for each complete week, but in total however a maximum of 5% of the value of the part of the entire delivery which, due to the delay, cannot be used on time or in accordance with the stipulations of the contract. If the buyer sets us a reasonable period after expiry, taking into account the exceptional cases provided for by law, and if this period is not respected, the buyer then has the right to withdraw from the contract within the framework of legal provisions. Other claims resulting from late delivery are determined exclusively under Chapter VIII of these conditions.

 

3. We are not responsible for delivery delays or non-delivery when this has been caused by force majeure, such as fire, flood, war, government action, disruptions in transport or operation, measures taken in the context of labor disputes as well as for non-delivery due to poor delivery or delayed delivery by our suppliers, for whatever reason. In these cases, the delivery time is extended in a reasonable manner.

 

 

 

VI. Risk transfer

 

Unless otherwise agreed, the transfer of risk to the customer is deemed to have been carried out each time upon handover to the freight forwarder or carrier, at the latest however upon departure from the branch or warehouse. .

 

 

 

VII. Rights resulting from the finding of a defect

 

1. The quality and nature of the goods delivered are those in use with us at the time of delivery. The indications concerning the percentage contents and the analysis data are average values ​​provided for information only.

 

2. Upon receipt, our deliveries must be checked for compliance. Incomplete deliveries and transport damage must be reported as soon as possible and these are only recognized if they are noted at the place of delivery by the authorized bodies of the carrier (train, warehouse truck or of the recipient factory). Delivery errors as well as other possible defects must be reported in writing as soon as possible, but no later than 14 days after receipt of the goods at the place of destination, any processing of the goods must be immediately interrupted. . After expiry of this period, the goods are considered authorized.

 

3. In the event of a justified and timely complaint, we must be able to rectify the defect within a reasonable time. If the removal of the defect fails, notwithstanding any claims for damages under Chapter VIII, the buyer may withdraw from the contract or reduce the payment. No rights resulting from the discovery of a defect can be asserted in the event of minor defects.

 

 

VIII. Responsibility

 

1. The purchaser's claims for damages and consideration for the work provided, for any reason whatsoever, in particular for breach of obligations resulting from the legal relationship between the creditor and the debtor and for unauthorized action are excluded. , insofar as the responsibility is not engaged according to n ° 2 and n ° 3.

 

2. For damage that has not occurred on the actual item of delivery, we are liable, for any legal reason whatsoever, only

 

a) in the event of willful misconduct

 

b) in the event of gross negligence on the part of the operator (s) or management,

 

c) in the event of culpable injury to the life, physical integrity or health of another,

 

d) in the event of defects which we have suppressed by fraudulent deception or which we have guaranteed the absence,

 

e) in the event of defects in the object of delivery insofar as liability is incurred for personal or material damage according to the German Product Liability Act.

 

3. In the event of culpable breach of essential contractual obligations, we are also liable in the event of gross negligence of non-managerial employees and in the event of slight negligence, in the latter case only in the event of reasonably foreseeable damage according to the contract. In the aforementioned case of slight negligence, our guarantee is limited to an amount of 250,000.00 euros per case of damage.

 

4. The legal regulations concerning the burden of proof are not affected by the foregoing provisions.