| General terms and conditions of business | | Print | |
|
Our payment and supply terms for customers I. Scope 1. The following terms and conditions of sale apply to all agreements between the seller and the purchaser relating to the supply of goods. 2. All agreements made between the seller and the purchaser in connection with purchasing contracts are recorded in writing in the purchasing contract, these conditions and the order confirmation are laid down in writing. II. Quotes and conclusion of contracts 1. Quotes from the seller are non-binding and subject to confirmation unless the seller has expressly confirmed their binding nature in writing. 2. Illustrations, diagrams and other documentation that form part of non-binding quotations from the seller remain the property of the seller and are deemed to be only approximations unless expressly confirmed as binding by the seller. III. Prices/Terms of payment 1. The price specified by the seller does not include transport costs in so far as no specific agreement to the contrary was made with the purchaser. Value Added Tax and packing costs are included in the price. 2. Unless otherwise agreed in writing with the purchaser, the purchase price is payable net (without deduction) within 14 days of receipt of the invoice by the purchaser. 3. Should the purchaser be in default of payment, the seller is entitled to charge, from the due moment on, interest at a level of 5% above the respective basic rate of the European central bank (EZB). The seller reserves the right to submit evidence of greater damages. 4. The purchaser has the right to offset charges, including if claims or counterclaims have been asserted, if the purchaser has legally established the counterclaims, had them recognised by the seller or they are without dispute. The purchaser is only entitled to exercise a right of detention if his counterclaims refer to the same purchase contract. IV. Delivery time and time of performance 1. Delivery deadlines or periods that are not explicitly agreed upon as legally binding are exclusively non-binding statements. 2. If the seller is unable to meet an agreed on deadline or otherwise falls behind, the purchaser must accord the seller a reasonable period of grace, commencing on the day the seller receives the written reminder or commencing after the specified elapsed date according to the calendar. If this period of grace expires with no result, then the purchaser has the right to withdraw from the contract. 3. The seller is liable according to the legal regulations, subject to the following limitations: if the contract is in regard to short selling, or the purchaser is entitled to discontinue his interest in the fulfilment of the contract due to the consequences of a delivery delay for which the seller is responsible. 4. The seller is liable for delays in deliveries to the purchaser in accordance with the legal regulations if the delay was due to deliberate or gross negligence attributable to the seller in regard to the fulfilling of his obligations. Errors made by representatives of the seller or by his vicarious agents shall be attributed to the seller. If the delay in delivery was not attributable to deliberate or gross negligence on the part of the seller, then the seller's liability is limited to damage that is foreseeable and that typically occurs. 5. If the delay in delivery for which the seller is responsible concerns a non-accidental breach of an essential contractual obligation or a cardinal obligation, then the seller is liable according to the legal regulations; in this case, the liability compensation is limited to damage that is foreseeable and that typically occurs. 6. The seller is entitled to make partial deliveries and provide partial services at any time, providing that the purchaser finds this reasonable. V. Warranty/Liability 1. If the goods have a defect for which the seller is responsible, the seller must provide supplementary performance, which thereby excludes the rights of the purchaser to withdraw from the contract or have the purchase price reduced. Legal regulations may, however, allow the seller to refuse to provide the supplementary performance. The purchaser shall accord the seller a reasonable time period for providing the supplementary performance. 2. This supplementary performance may entail making good the defect or the delivery of new goods, at the seller's discretion. During the supplementary performance, the reduction of the purchase price or withdrawal from the contract on the part of the purchaser is excluded. The supplementary performance is deemed a failure upon a second unsuccessful attempt. If the supplementary performance is deemed a failure, then the purchaser may choose to either reduce the purchase price or withdraw from the contract. 3. Claims for damages due to defects can only be made by the purchaser under the following conditions once the supplementary performance has failed. The right of the purchaser to make further claims for damages under the following conditions remains unaffected. 4. The seller is unreservedly liable according to the legal regulations for all health or bodily damages resulting from deliberate or gross negligence in fulfilling an obligation on the part of the seller or his legal representatives or vicarious agents, as well as for any damages falling under the Product Liability Act, and for all other damages resulting from deliberate or gross negligence or fraudulent intent on the part of the seller or his legal representatives or vicarious agents. If the seller has submitted a warranty in regard to the properties or service life of the goods or their components, then the seller is also liable within the framework of this guarantee. For damages based on the properties or service life not meeting the guarantee, but which do not directly occur in the goods, the seller is only liable if the risk of such damage is obviously included in the properties and service life under warranty. 5. The seller is also liable for damages resulting from simple negligence if this represents an infringement of an essential contractual obligation or a cardinal obligation. The same applies if the purchaser is entitled to make claims for damage compensation instead of services. The seller is, however, only liable if the damages can be normally associated with the contract and are foreseeable. 6. Any further liability of the seller is excluded without consideration of the legal nature of the asserted claim; this especially applies to tort liability claims or claims for compensation of wasted expenses instead of services; the liability of the seller in accordance with Paragraph 3 Section 3 of this contract remains unaffected by this. If the liability of the seller is excluded or limited, this also applies to the personal liability of the seller's employees, representatives and vicarious agents. VI. Reservation of proprietary rights 1. The seller reserves the ownership of the goods until all payments specified in the purchase contract have been received. 2. The purchaser must notify the seller without delay of all interventions by third parties, especially foreclosure measures as well as any other encroachments upon the seller's property. The purchaser must compensate the seller for all damages and costs resulting from failure to meet this obligation and which arise due to necessary counter-interventions to halt the interventions of third parties. 3. Should the purchaser act in breach of the contract, especially if the purchaser does not meet his payment obligations despite a reminder notice from the seller, the seller may, after giving a reasonable period of notice, withdraw from the contract and demand the return of goods which are still under the seller's ownership. If the goods are revoked by the seller, this represents withdrawal from the contract. The transport costs incurred shall be borne by the purchaser. If the goods are seized by the seller, this will always represent a withdrawal from the contract. The seller is entitled to resell the goods after having them returned. The proceeds of the sale - minus reasonable administrative expenses - become the property of the seller. VII. Final provisions and applicable law The relationships between the contractual parties are dictated exclusively according to the applicable laws in the Federal Republic of Germany. The application of uniform law to the international sale of chattels as well as the law on the signing of international commercial contracts for chattels is excluded. |