General terms and conditions
All offers, deliveries, calculations shall be subject to the following conditions:
Oral agreements shall only be binding upon us if and as far as we confirm them in writing or comply with them by dispatching the goods and the invoice.
Deviations from our sales conditions, especially conditions of the purchaser, shall only apply if they are confirmed by us in writing. Our written special conditions shall take precedence.
Our offers are subject to confirmation.
Calculation shall be based on our prices valid on the day of delivery, plus VAT, and the outbound weight determined at our delivering site.
If we accept bills of exchange, any discount and bank fees shall be at the purchaser's expense. We assume no warranty for timely submission and protesting.
Set-off against our claims or execution of retention rights shall not be permitted.
If there is any doubt regarding the customer's ability to pay, we shall have the right to revoke any payment periods granted. We have the right to charge default interest at 2% above the respective discount rate of the Deutsche Bundesbank if the payment period is exceeded.
4. Delivery and acceptance
Delivery shall be postage or freight paid to the German railway or ship station or free border of the Federal Republic of Germany at invoiced amounts of at least 500 €, provided that normal transport is possible, in locations where warehouses are maintained, this shall be ex that warehouse. Additional freight or additional postage for expedited deliveries shall be at the recipient's expense. Our obligation to deliver shall be held in abeyance while the purchaser is in arrears with payment of a liability. If there is any doubt regarding the purchaser's ability to pay, we reserve the right to make further performance dependent on the provision of collateral or to demand advance payment.
Force majeure, operating interferences, deficit of labour, energy or raw materials, strikes, lock-outs, traffic problems or governmental orders shall extend the delivery periods at an appropriate scope. You also authorise us to withdraw from the contract under exclusion of any liability on our side as far the delivery has not been performed yet.
All shipments shall travel at the purchaser's risk. The shipping method and shipping route shall be chosen by us. We will strive to consider the purchaser's wishes in this.
Any complaints about properties or quantity must be raised within 8 days of receipt of the goods under indication of the order data and the invoice and shipping numbers.
Properly raised and justified complaints about defects shall be met at our discretion by reduction of the price, exchange or taking back the goods against reimbursement of the purchasing price. Goods subject to complaint must only be returned with our express consent.
Further claims are excluded in any case.
7. Information and advice
Information on processing and application options for our products, technical advice and other information shall be provided to the best of our knowledge, but non-committally and under exclusion of any liability.
8. Reservation of title
Title in the goods shall only pass to the purchaser when he has met all of his liabilities from the mutual business relationship. Our title shall cover the new products resulting from processing of the reserved goods. The purchaser shall not acquire any claims against us from processing and storage of the reserved goods. The purchaser may dispose of the goods in which we reserve title in the proper course of his business, provided that he is willing and able to meet his obligations towards us properly. Pledging and provision as collateral shall require our consent. Purchaser hereby assigns any claims from sale of the reserved goods to us including any ancillary and collateral rights, including bills of exchange and cheques, to secure our claims, if our reserved goods are sold after processing with other objects or in combination with other objects at a total price, the assignment shall be limited to the invoiced amount of the also-processed or also-sold reserved goods. In case of processing in the scope of a contract for work, the claim to compensation for the work is hereby assigned to us at the amount of the invoiced value of the also-processed reserved goods. While the purchaser meets his payment obligations in time, he may collect the claims directly; assignment for collateral or pledging shall not be permitted. If we consider realisation of our claims to be endangered, the purchaser shall inform his buyers of the assignment upon our request and provide us with all necessary information and documents.
If the value of the collateral exceeds the claims to be secured by more than 20%, we are obligated to release such amount at the purchaser's request.
9. Further sale
The goods delivered by us are generally only intended for processing in the operation designated by the purchaser. Export or reimport is only permitted with our advance written consent.
10. Place of performance and jurisdiction
The place of performance for the delivery shall be the respective delivery site; the place of payment shall be the invoice issuer's registered office. The place of jurisdiction shall be the invoice issuer's registered office and, at our choice, the general place of jurisdiction of the purchaser.