General terms and conditions
All
offers, deliveries, calculations shall be subject to the following
conditions:
1.
Order
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.
2. Calculation
Calculation shall be based on our prices valid on the day of delivery, plus
VAT, and the outbound weight determined at our delivering site.
3. Payment
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.
5. Shipping
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.
6. Defects
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.