§ 1 General statements
For all sales and deliveries only the following conditions are valid. In case of different possibilities of interpretation due to translations the original German version is valid. Differing agreements, especially conditions of purchasing, are only effective, if we confirm them in writing. Silence does not mean acceptance. In case the customer is an entrepreneur, the following conditions are also valid for future business transactions between him and us, even when they are not agreed on again explicitly.
§ 2 Prices
The prices of our quotes and acceptances of order are subject to confirmation.
We charge the prices valuable at the time of delivery. Freight and packing see page 6.6, valid only within Germany. Unless agreed upon differently all export prices are ex works. If the delivery is within Germany all prices are subject to German VAT. Within the European Union we need the VAT identification number. The custom laws have to be considered.
§ 3 Orders
We will confirm the acceptance of orders in writing. Orders are only valid by our written confirmation – in exceptional cases also by immediate delivery and issuing an invoice. Changes, supplementary agreements and amendments of the contract have to be agreed on in written form in order to be valid. In case that no definite delivery date is agreed on with release orders, a maximum delivery time of twelve months is in effect. If the merchandise is not received within that time, we are entitled – after an adequate time – to arrange the delivery scheduling (delivery will take place after payment), or to cancel the rest of the purchase and to demand damages for non-performance.
§ 4 Transportation risk and delivery
All deliveries are at the risk of the customer. The risk passes over to the customer from the (outgoing) place of delivery. This is valid even if free delivery is agreed on. If the delivery is delayed by fault of the customer the risk passes over to the customer on the day the merchandise is ready for delivery. Insurance against transport damage will only be arranged for if the customer explicitly demands it and at his expense. Shipping instructions have to be given with the placement of the order, otherwise the merchandise will be shipped at our own discretion for the cheapest freight, without obligation.
§ 5 Tools, appliances
Tools and appliances always remain in our possession and property, even if they where produced for special articles. By payment of portions of costs for tools and appliances the customer does not acquire a title. We commit ourselves to keep tools and appliances for the customer twelve months after the last delivery. If the customer states before the expiration of this time limit that further orders will be placed, the time limit will be extended for another twelve months. After the expiration of this time limit we can freely dispose of the tools and appliances.
§ 6 Catalogues, drawings and samples
We reserve the right of property and the copy rights of all provided catalogues, drawings and samples. These documents may not be used for copying, imitation, or circulation. For your own use we are glad to send you more copies at cost.
§ 7 Delivery and acts of nature
Quoted times of delivery are always without obligation. We always try to complete an order promptly and in time. The time of delivery starts with the day of the sending of the confirmation of order and is deemed to be kept, if the merchandise has left our factory by the end of the delivery period.
Acts of nature which happen after conclusion of a contract and complicate our services or make them impossible, entitle us to defer the fulfilment of our obligations for the time of the interference and an adequate start-up time. Acts of nature include especially strikes, lockouts, breakdown of transportation, lack of production material or energy or similar occurrences which we are not accountable for. If acts of nature lead to a final, l lasting, irreparable hindrance of performance we are entitled to withdraw from the contract.
§ 8 Warranty
Any warranty presumes that any customer who is an entrepreneur has met his legal obligations of reprehension without hesitation. Any customer who is not an entrepreneur, forfeits his rights of warranty regarding to apparent damages if he does not claim them in written form within fourteen days after receiving the merchandise. Defects of one part can not lead to reclamation of the whole delivery.
For delivered goods which are insufficient we either deliver a replacement
with return of the reclaimed parts or remove the deficiency at our choice. If the replacement or the remedy fails, the customer can demand a reduction of the purchasing price or a cancellation of the contract at his choice.
We can demand a compensation if we acted upon a notice of defects and the customer has not proved the existence of a defect or the claimed defect proves to be a malfunction or failure because of a repair or an act of the customer or a third person.
In case we fulfill the warranty obligation at another place than the place of delivery the charges for freight, packing and travelling have to be covered by the customer, if he is an entrepreneur.
§ 9 Liability
We are liable with initial incapacity, accountable impossibility, warranties, default and for claims of product liability.
For claims out of positive violation of demands we are not liable in case of breach of non significant contract duties, if we or one of our auxiliary persons acted only slightly negligent. Essential duties of the contract are duties of which the observance is indispensable for the realization of the contract.
Damage payments are limited to the replacement of the typical foreseeable damage. Collateral damage is not refundable, unless the replacement for collateral damages was explicitly assured. Any liability for damages exceeding the ones provided for in these conditions of contract is excluded without consideration of the legal basis of the asserted claim. This is not effective for claims according to § 1,4 of the German product liability law and out of fault liability during the closing of the contract. With claims out of producer liability according to § 823 BGB (German law) our liability – unless it is excluded is limited to the replacement of the insurance. In case the insurance does not stand up for the liability or only does so in part, we are liable up to the limit of the indemnity.
§ 10 Default of the customer
If the customer is in delay with the takeover of the goods, he owes damages
amounting to 0,5 % of the bill for every commenced month from the beginning of the notification of the readiness for shipment, unless he proves that no damage occurred to us or the damage is lower. Our demands which exceed the quoted rate remain unaffected.