General Terms and Conditions of Trade
All the placed orders are accepted according to the following General Terms and Conditions of Trade. Conflicting purchase conditions are – as far as they differ from ours- ineffective. For reason of precautions we contradict them explicitly.
Orders placed with our firm are confirmed according to our order procedure. Order confirmations are to be checked carefully after receipt by the purchaser. All the given details are binding for the order proceedings.
Any changes are to be announced immediately in written form. The purchaser is to be charged in the case of failure.
All of our offers are subject to change. They will become binding after written confirmation. Only written contracts are binding. Oral agreements, supplements or alterations are only effective if we have confirmed them in written form.
III. Prices and Conditions of Payment
Our prices are in Euro ex works. Freight and packaging is charged to and paid by the purchaser.
Should any costs (i.e. raw material, energy costs, taxes and fees) rise after drawing up of a contract, the prices might be subject to change, unless fixed prices were expressively agreed upon. In the case of price changes the purchaser will get knowledge immediately. Small orders of goods under 50 € will be charged with a 5 € handling fee.
The amount is due for payment three days after the issuing date of the invoice. We allow a discount of 2 per cent for invoices paid to our bank account within 10 days of received by us within 8 days. Invoices under 50 € and service work invoices are to be paid immediately without discount.
Discountable bills of exchange and cheques are only accepted if agreed upon beforehand. Credit cheques and bills of exchange validate only on the day of discharge as soon as we dispose of the amount. We charge the customary bank transaction fees. They are to be paid in cash immediately.
Delays are charged by 3 per cent above the bank rate of the German Federal Bank. The purchaser has the right to prove that the damage has not affected us or is lower than this sum.
If payments are discontinued or payment conditions not kept, then the payment is immediately to be paid in cash. Payments are to be charged up against outstanding debits so the amount due is to be paid immediately in cash. Should we find out after making a contract that the economic situation of the purchaser is as difficult as to where there is a reason for assuming that an essential part of the payment will not be made, so we can postpone fulfilling our order duties until adequate financial security is given or demand payment by instalments.
If the purchaser does not make any instalment payments or give security, we can cancel the contract – if we have not fulfilled our duty.
If the purchaser gave us wrong information on his credibility we can cancel the contract in written form.
The delivery times are to be taken from the date of order confirmation.
If the confirmed delivery times are delayed, the purchaser can only cancel the contract or claim damages if he has given us a fulfilment time of at least three weeks and this time has passed without fulfilment.
Claims made are limited to 5 per cent of the value of the total delivery unless in the case of intent and gross negligence.
Claims for damages for indirect damage are not accepted unless there is a case of intent and gross negligence.
The delivery time might be extended reasonably if there are any industrial actions or any unforeseen events ( i.e. disruptions of operation, delayed raw material delivery, force majeure etc). If a delivery is late due to the reasons given we do not accept any claims for damages or withdrawal from the contract.
It is our right to deliver beforehand and make partial deliveries. In the case of special tools we are allowed to deviate from the ordered pieces by 10 per cent.
The shipping of the goods is always at he purchaser´s risk and expense. Packages are sold to the purchaser at cost price. Refunds for boxes and crate packaging are given at two thirds of the charged amount for free of charge returns where the packaging is in reusable condition.
VI. Guarantee and Complaints
Obvious defects are to be complained about within 8 days after receiving the goods. Defective goods are to be sent back free of charge.
If the delivered good is defective of does not come up to standard, then we can – according to our assessment – repair it or make a new delivery. We have the right to make one more delivery or two goes at repairing the good.
If the new delivery or the repairs have not been successful within three weeks, then the purchaser can lower the payment or can ask fro withdrawal from the contract.
If a complaint is proven to be deliberately unjustified, then we will charge the purchaser the resulted costs.
We do not accept liability for secondary defect damage, which is not caused by gross negligence by us, unless there is a warranty of fitness for a special purpose, which protects against secondary damage.
VII. Reservation of Proprietary Rights
All our delivered goods remain our unrestricted property until they are paid completely by the purchaser.
If our goods are mixed or joined with other goods, which means that the property claim expires, then it is agreed upon that the property rights of the purchaser on the before mentioned goods are given to us and the purchaser is taking care of our property on a free of charge basis. These goods are conditional goods according to the General Terms and Conditions of Trade.
As long as the sale is conditional, the purchaser does not have the right to transfer the goods to a third party or put the goods in pawn. In the case of pawning or confiscation by a third party the purchaser has to point out about the property rights and notify us. The costs for a possible intervention procedure are to be paid by the purchaser.
The purchaser is entitled to process and sell the conditional goods according to legal trade business.The claims resulting from the resale and other legal grounds for the conditional goods are transferred from the purchaser to us to secure our claims on the amount due on the invoice plus an additional 20 per cent security surcharge.
Should the goods be overinsured by more than 20 per cent by us, we are obliged to pay back the relevant amount on demand.
We can demand that the purchaser provides evidence on the claims by third parties on conditional goods.
In the case of delay we can disclose what is owed by a third party and collect the due amount ourselves, so that the purchaser conveys to the third party to what amount the claims will have to be paid solely to us.
VIII. Court of Jurisdiction – Place of Payment – Applicable Law
The court of jurisdiction for all claims of business connections with purchasers including those where bills of exchange, cheques or legal dunning procedures are done, is Stuttgart, unless another court of jurisdiction is prescribed. Place of payment is Stuttgart. The contract relations between the purchaser and us are exclusively according to German jurisdiction.
IX. Validity and Stipulations
If one stipulation becomes invalid this does not effect the validity of all the other stipulations.