1. Our delivery, services and offers are made exclusively on the basis of these terms and conditions. These also apply to all future business relations, even if they have not been explicitly agreed upon or referred to by us. At the latest with the acceptance of the goods or service, these conditions shall be deemed accepted. Contra-buyer's confirmations with reference to his business Purchasing terms are hereby excluded.
2. Deviations from these terms and conditions are only valid if confirmed by us in writing.
1. Our offers are free and non-binding. Declarations of acceptance and all orders require our written or telegraphic confirmation to be legally valid. The same applies to supplements, modifications or subsidiary agreements.
2. Drawings, illustrations, measurements, weights or other performance data are only binding if this is expressly agreed in writing.
1. Unless otherwise stated, we are bound to the prices contained in our offers 30 days from their date. The prices stated in our written order confirmation plus the applicable statutory value-added tax are decisive. Additional deliveries and services will be charged separately.
2. Otherwise, all prices are net ex works and do not include packaging, loading, freight, customs, insurance and assembly.
3. We calculate the prices agreed upon at the time of conclusion of contract, which are based on the cost factors valid at this time. Should these cost factors (for example, for raw materials, wages and energy) change between the conclusion of the contract and delivery, we are entitled to make a corresponding price correction
1. The dates and deadlines stated by us are non-binding, unless otherwise expressly agreed in writing.
2. Delivery dates agreed by us shall begin with the receipt of our order confirmation by the buyer, but not before all details of the order have been clarified, the documents, materials, approvals, releases and / or receipt of an agreed down payment from us. In the event of non-fulfillment of such obligations or obligations arising from the buyer, agreed delivery periods and delivery dates shall be non-binding for us
3. Agreed deadlines and deadlines refer to the date of completion in our plant; they shall be deemed to have been complied with with the notification of readiness for dispatch.
4. Delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible for us - including material difficulties arising after the delivery of the goods, operating disturbances, strike, lock-out, personal deficiencies, lack of transport, official orders, etc., even if they occur with our suppliers or their subcontractors - we are not responsible for binding deadlines and deadlines. They entitle us to defer the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled
5. If the hindrance lasts longer than three months, the buyer is entitled after a reasonable grace period to withdraw from the contract with regard to the part not yet fulfilled, unless the product to be manufactured has been completed before the expiry of the extended period and the buyer is informed of the readiness for dispatch is.
6. If we are responsible for the non-compliance of binding deadlines due to intentional or grossly negligent action, the purchaser shall be entitled to claim compensation for damage caused by our default but only up to 0.5% for each completed week of the But not more than 5% of the invoice value of the goods and services affected by the delay. Any further claims, in particular claims for damages of any kind, are excluded
7. We are entitled to partial deliveries and partial services at any time.
1. The risk shall pass to the buyer at the latest upon dispatch of the parts of the delivery, even if partial deliveries are made or we still have other services, For example the dispatch, delivery or installation.
2. If the dispatch becomes impossible or is delayed due to our fault, the risk is with the
Notification of readiness for shipment to the buyer.
third At the request of the buyer, in the cases referred to in paragraphs 1 and 2, the delivery item to be shipped or dispatched shall be protected against theft, breakage, transport, fire and water damage as well as other insurable risks in his name and on his account 4. The goods declared by us for dispatch must be immediately called or picked up by the purchaser. Otherwise we are entitled to store them at the cost and risk of the buyer. Additional costs resulting from the storage, such as for a necessary new painting, shall be borne by the buyer. Items delivered shall be accepted by the purchaser, even if they show insignificant defects, without prejudice to his rights under § 6 below.
1. We ensure that our products are free of manufacturing and material defects. The warranty period is six months.
2. The warranty period begins with the delivery date. If rectification or improvement attempts are made independently and without our prior written written consent, no warranty is given. The buyer must inform us in writing without delay, but at the latest within one week after receipt of the delivery item. The deficiencies, which can not be discovered even during careful examination within this period, are to be communicated to us in writing immediately after discovery.
4. In the case of a notification from the buyer that the product does not comply with the warranty, we shall, at our option, obtain the defective product with prepaid freight for repair and subsequent return to the buyer or the purchaser holds the defective product and an employee of our House is sent to the buyer to make the repair. If the Purchaser requires warranty work to be carried out at a place determined by him, we shall be able to comply with this request, whereby we shall then be entitled to demand payment of the working time and travel expenses of our employee from the Purchaser. In the case of carrying out rectification work by us, the warranty period is only extended by the duration of the successful improvement work.
6. Warranty claims against us are only for our immediate buyer and can not be assigned.
7. The foregoing paragraphs finally regulate the warranty for our products and services and exclude other claims for damages and damages of any kind.
1. Pursuant to the fulfillment of all (including balance) claims which we are now or in the future due to any legal reason against the buyer or an associated company, the following securities shall be granted to us.
second The goods delivered by us remain our property. Processing or transformation are always carried out for us as manufacturer, but without obligation for us. If our property or co-ownership expires as a result of a connection, it is already agreed that the property or co-ownership of the purchaser shall pass to us on a proportionate basis (value of the invoice). The buyer keeps our property or co-ownership free of charge. The goods to which ownership or co-ownership is attributable to us is hereinafter referred to as reserved goods.
3. The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The purchaser assigns the claims resulting from the resale or any other legal basis (insurance, tort) with regard to the reserved goods to us in full to the full extent. We at all times revocably authorize the buyer to collect the claims assigned to us for his account in his own name. At our request, the buyer will disclose the assignment and give us the necessary information and documentation.
4. In the case of access by third parties to the reserved goods, the buyer shall point out our property or co-ownership and notify us immediately. Costs and damages are borne by the buyer.
5. In case of breach of contract by the buyer, in particular default of payment, we are entitled to withdraw the reserved goods at the expense of the buyer or, if necessary, to assign assignment of the buyer's claims against third parties. The withdrawal and the attachment of the reserved goods by us shall not constitute a withdrawal from the contract, insofar as the payment law does not apply.
1. Unless agreed otherwise, our invoices are settled within 8 days with a 2% discount and within 30 days without discount payment. The aforementioned deadlines, within which the invoice amounts must have been received by us, are from the date of the invoice. We are entitled, despite different claims of the buyer to pay payments first to his older debts. If costs and interest have already been incurred, we shall be entitled to charge the payment first on the costs, then on the interest and, lastly, on the principal claim.
2. A payment is only deemed to have taken place if we can dispose of the amount. In the case of checks, the payment is deemed to have been made when the check sum has been finally credited to our account.
3. Any of the discounts granted to us will be canceled if the invoice amount is not available to us at the latest on the 30th day after the date of the invoice.
4. If the buyer is in arrears, we shall be entitled to charge interest from the respective date as of the interest rate for open overdraft facilities calculated by the commercial banks, but at least 5% above the respective discount rate of the Deutsche Bundesbank br> fifth If the buyer fails to meet his payment obligations, in particular does not pay a check or suspend his payments, or if we become aware of other circumstances that call into question the creditworthiness of the buyer, we shall be entitled to pay the entire residual debt, Checks. In this case, we are also entitled to demand advance payments or security.
6. The buyer is only entitled to offset, withhold or reduce, even if claims of defect or counterclaims are asserted, if we have expressly consented in writing or if the counterclaims have been legally established.
7. The buyer agrees to the settlement of his claims and liabilities against us and the companies affiliated with us. In the same way, receivables and liabilities of the companies affiliated with the buyer can also be offset.
1. Claims for damages resulting from the impossibility of performance, from positive breach of claim, from fault at the conclusion of the contract and from tortious act are excluded both against us and our vicarious agents or vicarious agents, unless intentional or grossly negligent acts. This liability clause applies in particular to our advice in word, writing and otherwise. In particular, the buyer is not exempted from checking the suitability of the delivery item manufactured by us for the intended purpose. The provisions of the Act on Liability for Defective Products (Product Liability Act) shall remain unaffected.
1. The law of the Federal Republic of Germany shall apply to these terms and conditions and all legal relations between us and the buyer.
2. To the extent permitted by law, the District Court of Siegen or the District Court of Siegen shall be responsible for all disputes arising out of the contractual relationship without consideration for the amount of the value of the dispute and the dispute in dispute. Should a provision in these terms and conditions or a provision in other agreements be or become invalid, the validity of all other provisions or agreements shall remain unaffected.