Terms and conditions
General terms and conditions:
1. Acceptance of conditions of sale
Orders must be confirmed by us in writing in order to accept them. For all transactions with buyers only these GTC apply. Terms and conditions of the buyers are not applicable. Deviating agreements must be confirmed by us in writing in order to be effective. In order to maintain the written form, transmission by fax is sufficient: Moreover, the transmission of telecommunication, in particular e-mail, is not sufficient. Orders must be confirmed by us in writing in order to accept them. For all transactions with buyers only these GTC apply. Terms and conditions of the buyer are not applicable. Deviating agreements must be confirmed by us in writing in order to be effective. In order to maintain the written form, transmission by fax is sufficient; Moreover, the transmission of telecommunication, in particular e-mail, is not sufficient.
2. Price and payment conditions:
All offers are always subject to change and without obligation unless otherwise agreed in writing. The price valid on the day of the conclusion of the contract apply. The prices are in EUR plus statutory VAT, duties, fees and other charges incurred in connection with the execution of the sales contract, unless stated otherwise. They are valid ex works. Shipping package is calculated at cost price increase for the type of goods ordered between the order and the execution of the deliveries, the price is also an agreed fixed price increases accordingly, if our performance is not within 4 month after the conclusion of the contract is to be provided. In the case of an agreed redemption of goods, credit is only deducated from a processing fee of 10% Of the invoiced price, unless the buyer prooves that have not been expressly agreed will not be accepted. For the assertion of retention rights the buyer is only entitled on the basis of counterclaims from the same contractual relationship. Offers setting with counterclaims is only permissible if they are legally established or recognised. This also applies to receivables from previous deliveries, even if they have been changed. We are entitled to reasonable extent to partial deliveries, these are to be paid in accordance with the payment conditions without regard to the deliveries. A payment is deemed to have been made only if we can dispose of the amount. From the date of payment default, interest will be charged 8 percentage points above the respective base rate of European Central Bank plus additional dunning costs. If upon conclusion of contract, it becomes apparent that our entitlement to purchase price. All offers are always subject to change and without obligation unless otherwise agreed in writing. The prices valid on the day of the conclusion of the contract apply. The prices are in EUR plus legal VAT, duties, fees and other related to the execution of the sales contract unless otherwise stated. They are valid ex works. Shipping package is calculated at cost price, but not taken back. In the event of general price increase for the type of goods ordered between the order and the execution of the deliveries, the price-also an agreed fixed price increases accordingly, if our performance is not within 4 months after the conclusion of the contract is not be provided. In the case of an agreed redemption of goods, credit is only deducated from a processing fee of 10% of the invoiced price, unless the buyer proves that the expense is less.
If upon conclusions of the contract, it becomes apparent that our entitlement to the purchase price is endaraged by a lack of performance of the buyer (e.g. by application for the opening of insolvency proceedings), we shall be in accordance with the law refusal to perform and -if necessary after setting the deadline- entitled to rescind the contract ($321 BGB). In the case of contracts for the manufacture of unacceptable items ( individual production), we can immediately declare the withdrawal; The legal regulations regarding the dispensability of the deadline are not affected.
3. Transfer of risk, acceptance delay and storage
Deliveries are made exworks Schloß Holte- Stukenbrock (place of performance) When the goods are handed over to a freight forwarder or carrier, the risk is transferred to the buyer, even when delivery is free of desitation. If the shipment or delivery is delayed as a result of a circumstance whose cause lies with the buyer, the risk passes from the day to the buyer at which the delivery item is ready for shipment and we have indicated this to the buyer. In case of delay in acceptance, we are entitled to store the goods at risk and for the account of the buyer in the case of commercial storage. Should a temporary storage of finished goods be expressly agreed upon with us, we cannot be held liable for damages which occur despite the observance of reasonable care. We are also not obligated to the insurance of stored goods. The storage is generally limited to 3 month.
Delivery dates are only binding if they are expressly agreed upon as binding. If dispatch has been agreed, delivery periods and dates shall refer to the date of delivery to the carrier, carrier or other third partie are responsible for transport.
5. Liability and defects
The buyer must immediately check the lack of freedom of the consignment and in the event of open-day defects, notify in writing within one week. The time of delivery and the date of receipt of the complaint shall be decisive for the calculation of the time limit. Defects which cannot be detected even with careful examination within this period must be notified in writing immediately after the defects, have been discovered. If the buyer fails to provide the proper investigation and/or notification of defects, our liability for the undisplayed defect is excluded, even if the buyer can invoke an apology for his failure. Upon our request, the object of delivery must be returned to us freight-free. In the event of justified complaint, we shall reimbuse the buyer for the cost of the cheapest shipping route; This does not apply as far as the costs increase because the delivery item is located in a place other than the place of the imtended use. In case of notified defects in good time, we are entiteled to determine whether a retification or subsequent delivery takes place. If the subsequent delivery takes place. If the subsequent performance fails, the buyer is entitled to assert his further legal rights. The warranty is not applicable, if the buyer changes the delivery without our consent or if the goods are changed by third parties and the rectification of defects is impossible or unreasonably difficult. In any case, the Purchaser shall bear the additional costs or the retification of defects resulting from the change. Claims for damages and expenses of the buyer, irrespective of the legal reason, are excluded. Compensation claims for consequential damages are also excluded. This does not apply as far as mandatory liability, e.g. according to the product Liability Act, in cases of intent and grossnequligence, because of injury to life, body or health, or because of breach of essential contractual obligations.
Claims for damages and expenses of the buyer, irrespective of the legal reason, are excluded. Compensation claims for consequential damages are also excluded. This does not apply as far as mandatory liability, e.g. according to the Product Liability Act, in cases of intent and gross negligence, because of injury to life, body or health, or because of breach of essential contractual obligations. Claims for damages due to breach of essential contractual obligations are, however, limited to the foreseeable damage typical to the contract, unless intent or gross negligence exists or because of injury to life, body or health Liability. Indirect damages and consequential damages, which are the result of defects in the delivery item, are also only possible if such damages are typically to be expected when the delivery item is used as intended. A change in the burden of proof to the detriment of the buyer is not connected with the aforementioned regulations. The limitation period for claims for defects directed against us and damages claims is one year from delivery. In the case of claims for damages under the Product Liability Act, the statutory statute of limitations applies.
6. Retention of title
The goods delivered by us remain our property until the complete fulfilment of all current receivables from the business relationship against the buyer. Processing or transformation is always done for us as a manufacturer, but without obligation for us. If our (co-) ownership goes out by association, it is already agreed that the buyer's (co-) ownership of the uniform item value prorata (invoice value) is passed on to us. The buyer then keeps our (co-) property free of charge.The buyer is entitled to process and sell the reserved goods in the proper course of business, as long as he is not in default. Pledges or security transfers – as well as any other disposition – on reserved goods are not permitted. The buyer is already in full control of the receivables arising from the resale or other legal reason (insurance, tort) regarding the reserved goods (including all balance receivables from current account). Extent to which we depend. The buyer is entitled to revocable the receivables assigned to us for our invoice in our own name. If the value of the receivables assigned to us for security exceeds our receivables by more than 110%, we will release the receivables assigned for hedging on demand at our discretion. The buyer has to store the reserved goods appropriately and to assure them properly. If the buyer is in arrears with the fulfilment of his payment obligations to us, he establishes his payments or if the insolvency proceedings are opened via his assets – or the opening of the insolvency proceedings is rejected due to lack of mass – the entire Residual debt due, also as far as changes with later maturity run. In this case, the customer shall, upon request, provide us with a list of all the goods which are still in our possession and a list of the claims assigned to us with the name and address of the debtor and the amount of the claim. In the event of access by third parties to the reserved goods, the buyer must point out our property and notify us immediately. In the event of unlawful behaviour of the buyer – in particular payment delay – we are entitled after the unsuccessful expiration of a set grace period to withdraw from the contract or/and reclaim the goods on the basis of our retention of title. The demand for the release does not at the same time include the resignation. After a possible rescission, we are entitled, after prior notice, to enter the operation of the buyer, to pick up the delivered goods and to transfer them by hands-free sale for credit to the open purchase price claim – less costs incurred – in the best possible To be revalued.
7. Delay in delivery
If we exceed a delivery date, the customer has to set a reasonable grace period for delivery of at least 21 days. If the service owed by us is rendered within the grace period, no further claims exist. Should any events of force or other inevitable events occur with us or our suppliers, as well as through all circumstances which we are not responsible for and which render the execution of acquired orders impossible or delay, the fulfilment of our contractual obligations as supplier in whole or in part delay or hinder, the delivery time is extended appropriately or we are entitled to withdraw from the contract. If corresponding disturbances lead to a power delay of 4 months, the buyer can rescind the contract. Claims for damages of any kind cannot be asserted against us in this case, this does not apply to damage caused by default.
8. Call Orders
In the case of call orders, the buyer commits himself to acceptance of the total quantity within 6 months unless otherwise agreed. A withdrawal from the acceptance is generally no longer possible after the start of production. A reasonable period of time must normally be approximately 4 weeks between the call and the desired delivery date.
9. Final provisions
Place of performance for delivery and payment is Schloss Holte-Stukenbrock. The place of jurisdiction for any disputes, including cheque and exchange cases, is Bielefeld. All legal relations between us and the buyer are exclusively governed by German law. To the extent that the United Nations Convention on the International Sale of Goods (CISG) is applicable, this applies with the proviso that compensation for damages and expenses for reimbursement of expenditure against us is due to defectiveness of the purchased item or for other Performance disturbances only exist in the case of fault of our legal representatives or vicarious agents and only within the limits of section 5.
Stand: Dezember 2017All offers are always subject to change and without obligation unless otherwise agreed in writing. The prices valid on the day of the conclusion of the contract apply. The prices are in EUR plus legal VAT, duties, fees and other related to the execution of the sal