Only the following terms and conditions of sale shall apply to all offers, orders and sales.
Deviations from our terms and conditions of sale, in particular conditions of the buyer, shall only apply if they are confirmed by us in writing.
The above terms of delivery shall also apply to all further repeat orders.
The prices are exclusive of the statutory value added tax.
II Offer and conclusion of contract
Offers are subject to change and do not oblige the contractor to accept the order.
Orders placed and agreements concluded by sales rep shall only become binding for the contractor upon the latter's written confirmation or delivery.
If no message to the contrary is received within 8 days of the order being placed, the order shall be deemed to have been accepted, subject to the reservation regarding quantity and delivery possibility.
Our documents and product descriptions are only approximate unless they are expressly designated as binding.
Increases in customs duties, taxes and other details occurring after conclusion of the contract shall be borne by the buyer.
Our invoices are payable net in advance without deduction.
Payments by means of bills of exchange can only be made with our consent, and they must then be made payable to a Landeszentralbank place. All costs arising from the acceptance of bills of exchange shall be borne by the buyer.
If the payment deadline is exceeded, we shall be entitled to charge interest at 4% above the respective bankrate set by the Deutsche Bundesbank from the due date.
If the buyer is in default, we reserve the right to claim further damages.
Repair, assembly and spare parts costs are always net.
If the buyer defaults on payment of one of our invoices, all our claims arising from the business relationship shall become due immediately, irrespective of any acceptance of bills of exchange. The date of receipt shall be decisive for all payments.
Furthermore, we are entitled to demand cash payment before further deliveries. This shall also apply in the event of other circumstances which make the solvency of the buyer appear doubtful.
IV. Delivery period and acceptance
Delivery periods and dates are approximate and therefore non-binding. Binding delivery periods require a written agreement.
Agreed delivery dates refer to the date of dispatch of the goods.
Our obligation to deliver shall be suspended as long as the buyer is in default with a due payment. The delivery period shall commence on the date of the final order confirmation, but not before clarification of all details of execution.
In the event of unforeseen obstacles beyond the control of the contractor, the delivery period shall be extended.
the contractor, the delivery period shall be extended accordingly.
In the event of a delay on the part of the contractor, the customer must set a reasonable period of grace in writing.
However, claims for damages by the purchaser due to delay or non-performance are
limited to the invoice value of the quantity of goods not delivered or not delivered on time, insofar as they are
not delivered or not delivered on time, unless we are liable for intent or gross negligence under
liability according to mandatory statutory provisions.
The risks of transport from the place of delivery shall always be borne by the buyer. This also applies to carriage paid deliveries or free delivery, unless we carry out the transport with our own vehicles from our premises.
Storage is in any case the responsibility of the buyer.
Differences in weight or pieces can only be claimed if they are ascertained immediately after arrival of the consignment.
The mode and route of dispatch shall be chosen by us. However, we shall endeavour to take into account the purchaser's wishes; any additional costs incurred as a result shall be borne by the purchaser.
VI Liability for damages
We shall be liable as follows for damage caused by defects in the purchased goods, erroneous wrong delivery or defects in the packaging:
a) Insofar as damage could have been avoided by compliance with the buyer's inspection obligations, any kind of liability on our part is excluded.
b) Insofar as damage occurs despite compliance with the buyer's inspection obligations, we shall only be liable for grossly negligent breaches of contract.
We shall only be liable for damages other than those regulated above, irrespective of the reason for liability, if they have been caused by a grossly negligent act on our part.
All claims of the buyer against us in question shall become statute-barred at the latest 6 months after the act causing the damage.
VII Retention of title
We retain title to the goods delivered as security for all claims to which we are entitled against the purchaser under the present and future business relationship until all claims have been settled.
Our ownership extends to the new item created by processing the goods subject to retention of title. The buyer shall manufacture the new item for us to the exclusion of his own acquisition of ownership and shall keep it in safe custody for us.
VIII Place of performance and jurisdiction
The place of performance for the delivery is the location of the company from which the delivery is made, for the payment 73650 Winterbach.
If the buyer is a registered trader, the place of jurisdiction shall be 73614 Schorndorf, Germany. We reserve the right to take action against the buyer at his general place of jurisdiction outside the dunning procedure.