TERMS OF SALE AND DELIVERY (Last updated 01.04.2014)
• The Buyer recognizes these Terms of Sale and Delivery as binding for all orders placed.
• The prices quoted in our price list are non-binding and are only applicable for orientation purposes.
• Our offers shall only be binding after written confirmation by us and are valid for a period of two months.
• Terms and and conditions of the Buyer shall only be binding for us if they have been explicitly accepted by us in writing.
• Documents and information (drawings, technical data, norms …) pertaining to an offer or advertising materials do not constitute any assurances of properties unless they have been confirmed by us.
2. Order value - prices - shipping
• The minimum order value for Germany is € 100.00, EU countries is €200.00, for European countries outside the EU €500.00 and other countries by agreement. Orders under the minimum order vaue shall be subject to a charge of €20.00 for processing costs.
• Our prices are quoted exclusive of value-added tax, including standard packaging. Costs for special packaging shall be borne by the Buyer.
• We reserve the right to choose the shipping route which appears the most favourable and most economical to us. Any costs for another, faster or special type of delivery shall be charged to the Buyer.
• Except as otherwise agreed upon, shipment shall be DDP from a net value of goods of €400.00 to Germany, Austria, Benelux and France, from €600.00 to Denmark, Great Britain, the Czech Republic, Poland, Slovakia and Hungary, from €600.00 to Switzerland and Liechtenstein (plus €30.00 customs clearance charges), from €1,000.00 to Albania, Bosnia, Croatia, Montenegro, Norway, Serbia, Turkey (customs clearance charges to be borne by the Buyer) and other countries as agreed upon. There is a surcharge of €15.00 for deliveries to islands.
3. Delivery periods
• Delivery periods shall be deemed binding if they have been confirmed by us in writing, and are considered observed when the goods have left our warehouse or our suppliers‘ premises in the case of direct shipments.
• In the event of unforseeable impediments beyond our control or that of our suppliers (including, but not limited to strikes, accidents, natural disasters), the delivery periods shall be extended by a reasonable amount of time.
• In case of a delay in delivery, the Buyer may rescind the contract after expiration of an additional period of time granted to us as long as the goods have not been produced and despatched prior to expiration of the deadline.
• The responsibility for the goods shall pass to the Buyer when they leave our warehouse or our suppliers’ premises in the case of direct deliveries.
• We are entitled to effect part-shipments and shall despatch the goods available in stock. The missing goods will be sent by us immediately after they have been procured or replaced.
• Partial invoices will be rendered for such shipments in accordance with the terms of sale, price and delivery as for the overall order.
• In the case of blanket orders, we reserve the right to produce or arrange for the production of the entire ordered quantity in a single production run. Modification requests can no longer be considered after the order has been placed. Except as otherwise agreed upon, we shall be entitled to deliver the remainder of the consignment after a period of six months.
• Deliveries of up to +/-10% shall be admissible in the case of products made to specification.
5. Reservation of ownership
• The delivered goods shall remain our property until full settlement of all outstanding accounts by the Buyer.
• If the goods are processed, combined or mixed with other objects, an extended reservation of ownership shall apply, and we shall be entitled to co-ownership of the new object in the ratio of the invoice value of the goods subject to the reservation of ownership to the value of the other goods.
• In the event of the further sale of the goods subject to the reservation of ownership and/or of the new object containing the goods subject to the reservation of ownership, the accounts receivable shall be automatically assigned to us.
6. Duties and rights of the customer in the case of claims - cancellation
• The customer is obligated to inspect the goods upon arrival on his premises.
• We are to be notified of any justified claims without delay, and samples or evidence of the faulty goods as well as information required for the identification of the goods (designation, delivery date, batch No., etc.) shall be sent to us within 8 days.
• Goods shall only be returned to us in accordance with our instructions.
• We are entitled to offer a price reduction, reworking or the replacement of the goods. In the event of the failure of the reworking of the goods or a replacement consignment, the Buyer shall be entitled to rescind the contract of purchase. Further claims, particularly for compensation, are excluded.
• Claims concerning latent defects which reach us more than 30 days after the delivery date shall no longer be accepted by us.
• If goods are returned without authorization, the customer shall be charged an amount of €50.00 if the value of the goods is under €500.00, and a charge of 10% of the value of the goods will be made for goods with a value from €500.00.
7. Liability - warranty
• We shall only be liable to pay compensation for a breach of our contractual obligations if said breach arises as a result of intent or gross negligence on our part, and not for those cases in which the Buyer may be expected to take out insurance in the customary manner; in any event, up to a maximum of EUR 500,00.00 in the case of personal injury and EUR 150,000.00 for damage to property.
• The Buyer shall check the suitability of the ordered goods for the intended purpose himself by means of appropriate tests. He thus assumes responsibility for any consequential damage or loss and cannot assert any compensation claims against us.
• The warranty period is 24 months from the date of delivery. Any claims due to defects, including latent defects, shall, in any event, become statute barred when the warranty period expires.
8. Molds - tools - prototypes
• The costs for making prototypes including molds and tools shall be borne by the Buyer. In the case of tools paid for on a pro-rata basis, we reserve the right to charge the residual costs for the tool if no serial production takes place within a period of three months after sampling.
• Molds and tools shall remain our property and/or the property of our upstream suppliers even if it has been agreed that the Buyer will assume a share of the costs. The Buyer may come to an agreement with us to purchase the property. In such case, ownership will be transferred to the Buyer after settlement of all accounts receivable from the business relationship regarding molds, tools, prototypes and goods.
• We reserve the right of ownership and copyright on drafts, drawings and other documents pertaining to an offer. They may only be made accessible to third parties with our consent and are to be returned to us if so requested.
• When submitting drawings, models or samples, the Buyer guarantees that no proprietary rights of third parties are infringed. In the event of an infringement of the proprietary rights of third parties, we reserve the right to rescind the contract of purchase. In this case, the Buyer shall not be entitled to assert any claims for damages and shall assume all costs which have already been incurred.
• Germany, France, Benelux, Austria, Switzerland and Liechtenstein: First orders with payment in advance 3% discount, then is valid: 2 % discount within 14 days or 30 days net from date of invoice. Other countries: with payment in advance. Payment is to be effected by international bank transfer to one of our accounts. All bank and customs clearance charges shall be borne by the buyer. Our bank accounts find you page 1.
• In the event of default, at the latest 8 days after the first reminder, we are entitled to charge interest in the amount of the respective rates charged by banks for overdrafts, with a minimum rate of 8% above the discount rate of the German Central Bank (Deutsche Bundesbank).
• Should the financial circumstances of the Buyer jeopardize our claim for payment or in the event of a default, at the latest 8 days following the third reminder, we shall be entitled to demand the immediate return of the goods at the expense of the Buyer. The removal of the goods shall not be construed as a withdrawal from the contract. We may demand advance payments or securities for outstanding deliveries. The Buyer may avert legal consequences by means of payment or by providing securities in the amount of our accounts receivable.
11. Place of performance – place of jurisdiction
• The principal place of business of our company and/or the corporate domicile of our partners, where direct shipments to the Buyer have been agreed upon with our partners, shall be the place of perfomance for our deliveries.
• The laws of the Federal Republic of Germany shall apply exclusively, including for overseas customers. Amtsgericht St. Wendel (St. Wendel District Court) shall be the place of jurisdiction.