Terms and Conditions

Terms and Conditions

General Terms and Conditions

First General

The following conditions shall apply to all contracts entered into for future, entirely. Conflicting purchasing conditions of the customer hereby expressly and definitively. They will also not be recognized if we do after we have received not expressly object to them.

Second Sales materials and prices

Our offers and price lists are subject to change subject to our written confirmation.

Our prices are in euros, net cash ex works or warehouse plus the VAT valid at the time of delivery, freight and packaging. , Prices should come through after the contract incurred cost increases, changes in currency exchange rates or other circumstances that we are not responsible, change to the date of delivery of the goods, without further ado, the new prices apply.

Third Design and quantity

Deviations with respect to material, color, weight, measurements, design or other technical characteristics without notice, unless the goods delivered a whole acceptable to the principal remains.

4th Payment

Payments must be made within 14 days after the invoice date without any deduction for net. You will always be offset against the oldest outstanding invoice.

In case of default, interest in accordance with the respective bank rates for short-term loans, with a minimum interest rate of 4% above the rate of the Deutsche Bundesbank plus VAT.

Discount bills of exchange and checks will only be accepted as payment only by express agreement. Any resulting costs and expenses are paid by the customer in cash immediately. Bills and checks are only after clean, and only the entrance of the net proceeds in the amount credited to the same.

All our claims are independent of any payment period or the duration of any bills or other papers due immediately if the payment by the customer are not met or are other circumstances (eg change protest, payment arrears) that are appropriate in our view, to reduce the creditworthiness of the client.

We can also prompt payment for some of us still pending delivery or services or withdraw from the contract or demand compensation for non-performance. Similarly, we can also resell and further processing of the goods supplied by us and ask us to return at the expense of the client.

As far as compensation may be required for non-performance is our compensation claim without further proof, 20% of the purchase price, unless the customer proves that no or much less damage has occurred. We reserve the right to claim higher damages actually incurred.

The client makes its payments, he becomes bankrupt or sought it in a judicial or extrajudicial proceedings, all of us are still outstanding on the granted discounts, bonuses or any other benefits not granted as.

5th Delivery

Our delivery times are quoted ex works or warehouse. You will be agreed individually, beginning with the date of order confirmation, but not before all the details.

In any case, is to meet the delivery time to meet the contractual obligations by the customer. Any subsequent changes or amendments requested by the customer, the delivery period shall be extended appropriately.

Force majeure shall entitle us to postpone delivery or performance for the corresponding period and a reasonable time or because of the unfulfilled portion of the contract in whole or in part. Force Majeure includes strikes, mobilization, war, blockades, export and import prohibitions, raw material and fuel shortages, fire, road closures, disruption of the operation or transportation and other circumstances, we are not responsible, and no matter whether they with us, the suppliers or occur at any of its sub-contractor. The declaration made by our supplier or Unterlieferers is considered sufficient proof that we are prevented from delivery.

6th Offsetting and retention

Retention of the client as well as off of a disputed or not legally binding claims are excluded.

7th Shipping, Risk, Performance

Shipping is always for the account and risk of the client. We provide packaging, protective and transportation and the transportation cost to the customer according to our experience and without any liability except for negligence for intent and gross.

All risk is transferred to the client as soon as the contractor to the client indicating the readiness, the latest when the goods leave our factory or warehouse. Damage during transport, the client has to arrange for a factual report to the competent body, as otherwise may be dispensed with any claims against the Transportation Supervisor, and against the insurance.

Performance is Heilbronn. We reserve the right to make the shipping from another location within Germany.

8th Retention of title

Until full payment of all debts remain all the customer of the goods we deliver our property.

The customer may resell the goods delivered by us and arising from their processing only in the ordinary course of business. From the resale or for any other legal claims arising here and now assigns to us to secure our claim. The principal is authorized to collect the assigned claims as long as he meets his financial obligations with us in accordance with the contract and we do not object. To dispose of the delivered products (eg mortgage, chattel mortgage) the client is not entitled.

The client is obliged to our request to give over all claims assigned under this section for information, especially given a list of debtors with name, address, amount claimed, date and number of the invoice. All costs of collection and any interventions carried by the customer.

Been on the resale of reserved goods which are not processed by us delivered reserved goods from other suppliers, mixed or combined, is the assignment and transfer of all common goods with respect to us with the proviso that only we are allowed to provide us with a possible involvement of subject to other suppliers of goods with respect to this deal, the client has no right to take any influence or participate in this.

Of a seizure or other interference by third parties, the client must inform us immediately.

If the value of these securities due to us by more than 20%, we are at the request of the customer, to release securities of our choice.

We have as an indirect owner of the goods the right to enter the premises of the client. During the period of retention of title of the reserved goods at the request of the contractor by the client is fully comprehensive insurance with the proviso that the rights of the seller is entitled to the insurance. The Contractor shall be entitled to take out the insurance at the expense of the client.

9th Not decrease

In default of acceptance of the client we are, after fruitless deadline of 14 days to the right to either purchase the whole or any part of the contract or cancel the contract or demand damages for non-performance. Our compensation claim is without further proof, 20% of the purchase price, unless the buyer can prove that no or much less damage has occurred. The claim for higher damages without notice.

10th Warranty

The goods delivered by us is inspected immediately upon arrival at their destination carefully for errors, even if samples had been sent. Complaints due to incomplete or incorrect deliveries or complaints are immediately recognizable because of defects in writing within 15 days after receipt of the goods by registered letter, specifying the deficiencies. Other defects are notified in writing immediately upon discovery, and indeed also by registered letter, specifying the deficiencies. In any case content labels or accompanying the shipment control list must be sent with the complaint. The complaint of defects has the same free repairs are required.

When not being notified of complaints or defects, the delivery shall be deemed approved. With a timely release, we are only obliged to supply a replacement or warranty information.

We commit ourselves, in case of defects, including the absence of guaranteed properties is to perform at our option, repair or delivery of defective goods to return the goods delivered. Replaced parts become our property. We are entitled to make the repair or replacement shall be subject to a reasonable, taking into account the lack of payment by the customer.

To carry out the rectification or replacement of our clients in an appropriate way to give time and opportunity. Failing this, our warranty obligation is not applicable. Suggest repair or replacement fails, the client may require reduction or rescission.

By the repair or replacement, the statute of limitations for warranty claims shall not be suspended or interrupted.

We are not responsible for problems that may arise due to rules of intellectual property, if the delivered goods will be sold abroad or used there.

We are not liable for damages due to improper handling and storage, improper installation or normal wear and tear. Our warranty is void if the delivery status of a third party or is altered by incorporation of foreign parts, unless the defect was not caused by the fact proven.

These warranty provisions shall also apply to items other than contractual goods. Our guarantee is in any case only to newly manufactured goods. Any further warranty claims are excluded.

11th Liability

For damages, for whatever legal reason, we are required only for intent or gross negligence of our organs and agents. Liability for indirect damages, consequential damages and slight negligence is excluded.

All claims for damages shall be limited to the value and expire no later than 6 months after the transfer of risk.

12th Jurisdiction and Law

Jurisdiction - also for bills and checks - shall Heilbronn, if the customer is a merchant, legal person under public law or public law institution of a fund or has no general jurisdiction in Germany. We are entitled in all cases, at our discretion, the court at the place of the customer to take action against them.

Only German law.

13th Ineffectiveness of conditions

If any of the above conditions fully or partially invalid, the validity of the remaining provisions shall not be affected. Contractor and the Client undertake to ensure the condition of the ineffective economic success in another legal way possible extent.