General Terms and Conditions
- Offers are generally not binding unless there is an agreement in writing for a specified period or any
other arrangement has been made. Catalogues and price lists are not offers for delivery.
- Orders are only valid and binding when confirmed by our office. As a rule, orders are executed
according to the General Selling and Delivery Conditions based on the regulations of Commercial
Law. Conditions set up by the buyer are not valid for a transaction. Subsequent changes of an order
can only be accepted and carried out before taking up production. In the case of modifications, prices
are subject to alteration without notice.
- Periods of delivery are approximate and without obligation.
- Shipments are carried out ex works, i.e. ex stock at customer’s account and risk.
- Interruption of operation. We cannot be made responsible for the consequences arising from any
kinds of interruption of operation due to force majeure, such as stoppage of work or the supply with
insufficient or faulty raw and auxiliary materials; under neither circumstances are we obliged to keep
any supply or delivery commitments nor are we to fulfil any claims for replacement. Moreover, the
customer cannot quit the contract without our agreement.
- Manufacture to customer’s specification. The adherence to a certain number of pieces is not
practicable. In any case we reserve the right to excess or short delivery by ten percent of the amount
ordered.
- Packaging. We carefully choose the type of packaging as well as the mode of transportation.
Packaging is charged separately. For postal items the postage is added. The costs for railway
packaging and transport have to be paid by the customer.
- Prices. Our prices are based on the prime costs without turnover tax. Calculation is made according
to the prices valid on the day of delivery. The prices for general and callable orders are basically
subject to confirmation.
- Reclamation. Any kind of reclamation has to be made within 10 days after receipt of the goods
delivered still being in the condition of handing over. We choose substitutes for goods provably not
fitting or damaged at our fault or we submit a credit note to the customer.
- Claim for damage. Apart from the regulations laid down by the Law of Product Liability we are only
responsible for damages caused by intention or gross negligence on our part. Compensation for
consequential damage is not included.
- Protected Privileges. We are not obliged to proof the existence of protected privileges of a third party
in connection with the goods ordered and, therefore, we reject any liability concerning this title.
- Terms of payment (including deposits) are given notice of in every first confirmation of the order.
They are also valid for further transactions unless there is a written amendment. Verbal agreements
for paying and terms of payment on purchasing forms are not in accordance with our conditions and
therefore not binding. Thus, an amount to be paid is due on the date of invoice. If the terms of
payment are exceeded we shall calculate respective interest and costs for the period between the due
date and the day of the receipt of payment. Acceptances and bills can not be used as cash payment.
They can only be taken in proviso.
- Reservation of title. All goods remain our property until the amount has been paid in full, even if they
have already been processed or manufactured or the customer has sold the goods (no matter in which
condition they are). In this case the customer irrevocably assigns to us all rights for reselling, then
being our trustee for the equivalent.
- Jurisdiction. The place of performance of all rights and duties resulting from deals for both parties is
the supplier’s residence with the jurisdiction of the law court competent.
