General: For the business relationships to our customers, only the following terms of sale and delivery are valid. Collateral agreements are valid only if they have been confirmed in writing.
Offers are nonbinding. Collateral agreements are valid only if they have been confirmed in writing.
Delivery:For type and extent of delivery our written order confirmation, if there is one, applies; otherwise our delivery note applies. We determine delivery times with best discretion; they refer to the time of delivery ex works and are nonbinding. The delivery deadline will be extended by a reasonable period of time if the buyer does not meet his duties, or if any unforeseeable or exceptional events occur in our plant or at our supplier’s plant, especially in cases of measures taken by governmental authorities, or cases of difficulties with procuring raw materials that delay processing of the order. No claims can be asserted if a delivery deadline is not met.
Complaints can be recognized only if they are asserted in writing within 3 days after receipt of the goods. If the complaint proves to be justified, we will deliver a replacement free of charge, but, in cases of defective goods, only when the faulty devices or parts have been returned. All further claims are excluded.
Prices and payment conditions: Our prices are strictly net, packaging excluded and ex works. The price is the list price on the day of delivery plus precious metals surcharges, as applicable. The surcharge tables are part of these terms of sale and delivery and are available on request. The costs charged for packaging and dispatch are just the costs that we incur. Our prices are not binding for subsequent orders. Our invoices are due in 30 days net. When a due date for payment is missed, the buyer has to pay customary bank debit interest on the purchase price, but least 5% above the discount rate of the German Central Bank. The same applies to late acceptance. Bills of exchange are accepted only on the basis of explicit agreement and then only on account of payment, with all discount charges and other exchange costs to be borne by the buyer. All costs due to late payment such as reminder fees, debt collection expenses and the like are borne by the buyer. Our retention of ownership also covers new things which are produced by handling and processing. Such new things are deemedto have been produced for us. We acquire ownership or co-ownership in such new things in accordance with the proportion of the value of the conditional goods in such new goods at the time of processing, without a separate legal act being required for this and without our becoming subject to any obligations because of this.
Retention of Ownership: Delivered goods continue to be our property until full payment of all receivables of our business relationship, also future receivables including secondary receivables. When a portion is paid, the retention of ownership serves as security for the remaining receivables. The Buyer herewith assigns to us irrevocably now, in advance, all receivables which accrue to the Buyer due to resale or other legal grounds as well as the Buyer’s right to surrender of goods because of retention of ownership. We accept this assignment. We agree with the buyer about the acquisition of ownership as security, also that the customer keeps for us the new goods, produced through transformation, until further notice, and at no expense to us.
Insofar as new things arise through processing or
combination and the Buyer acquires sole ownership, then the Buyer and we agree that we shall be the owners of these new things until we have received full payment for all claims against the Buyer which have arisen or arise in future from our business relationship. Actual transfer to us shall be replaced by the agreement that the Buyer shall keep these things for us at the Buyer’s expense until such time as we revoke this agreement. The Buyer herewith assigns to us, the Seller, in advance, its ownership or co-ownership or its cash receivablesin the new things as well as its claims to compensation from its own customers that arise from processing the delivered goods, in accordance with the pro rata value of the processed goods. The Buyer is obligated to insure sufficiently the conditional goods in our favour and at the Buyer’s own expense against fire, breakage, water damages and theft. Security claims that arise in a damages incident are to be assigned to us. We agree to release securities to which we are entitled in accordance with the foregoing provisions to the extent that their total value exceeds the receivables being secured by 15%, in which case it is we who decide which securities are released, however, with the proviso that this shall be done with the exclusion of deliveries for which payment has been received in full. If conditional goods are seized or confiscated, the Buyer shall notify us of this in writing and without delay.
Right of withdrawal: If we ascertain after conclusion of the contract or after delivery that the buyer is not creditworthy or if the credit worthiness decreases during the business relationship, we are entitled to withdraw from the contract or to demand immediate payment of the delivered goods and also to require payment in advance for goods to be delivered in future.
Place of fulfillment and legal venue for all disputes arising in connection with the business relationship is the seat of our company for both parties.
Dimensions, weights and illustrations are up to date as of time of publication. We reserve the right to make changes without prior announcement, in accordance with ongoing development.
Guarantee: We offer a guarantee for all delivered devices for one year from date of invoice. The guarantee covers material- and manufacturing faults that have constructional causes and is limited to replacement of the parts affected free of charge. However, we reserve the right to check for ourselves whether the faults occurred due to improper use. Damage claims that go beyond this cannot be accepted.
Errors and technical changes excepted. Special models are excluded from exchange. Errors and changes excepted.
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