As far as no other written agreements have been met, the following terms of sales and delivery as well as complementary the International Commercial Terms (Incoterms®) in their latest formulation are effective.
Our offers are without engagement unless their liabilities have been confirmed by us in writing.
Our prices are excluding VAT.
Orders are only considered to be accepted with our written confirmation. If the contents of the confirmation of order differ from the order, the confirmation of order is effective unless the purchaser opposes the confirmation of order in writing without delay.
In case of purchase by pattern or sample the properties of the pattern or sample as well as all the other information about the product are regarded only as typical of the concerning products.
The dates of delivery stated by us are valid provided that we received the commodities duly and ponctually from our suppliers ourselves. Act of God of every kind and other disturbances which can't be influenced by us, especially officially directed delivery and import embargos, strike and disturbances in production and transportation companies, emergencies, release us from the observance of confirmed dates of delivery or from delivery duty, without resulting in any rights to damages for the purchaser.
We commit to inform the purchaser about the Act of God immediately after we know about it. The noncompliance with arranged dates of delivery entitle the purchaser to the withdrawal caused by delay, if he fixed before without success an after-deadline of at least 2 weeks under threat to refuse.
With handing-over of the merchandise to the carrier the delivery is regarded as executed. The risk of accidental deterioration and loss of merchandise pass over to the purchaser.
A transport policy is only taken out at the purchaser's express request in the order and at the expense of the buyer.
Quantity differences usual in the trade, upwards or downwards, don't require the purchaser's preceeding approval. Complaints have to be reported immediately in writing, at the latest within 7 days after arrival of the merchandise at the destination, unless it doesn't concern unrecognizable defects. Rejected merchandise has to be ready for inspection by us or a representative from us in the state in which it has been at the moment of the discovery of the defects.
We will repair justified defects after our decision by discount, exchange or return of the merchandise. Our liability for damages from delivery of defective merchandise or wrong delivery is restricted to the minor value or the purchase price of the rejected part of merchandise. Further rights of any kind against us, especially to indemnification, also for secondary damage, are excluded. We buy and deliver by statements of our suppliers regarding quality and contents.
Expenses and costs of payment process go to the debit of the purchaser. We accept payments by cheque only, if this way of payment is agreed. For payments by cheque the credit entry by our banks is considered as day of payment. We don't take on responsibility for any loss of the cheque during it's transport. In case of overdue payments we charge interest on arrears at an amount banks normally provide.
Complaints don't entitle to an entire or partial default of payment within the agreed term of payment. If an essential deterioration in the purchaser's financial circumstances comes out and/or if he defaults, we're authorized to claim payment of all outstanding invoives, even of those which aren't due yet and are entitled to further deliveries only cash before delivery.
We deliver only under reservation of property until complete payment of all our charges has been made. The buyer commits to grant us or our representative access to the merchandise being under our reservation of property. any time. If the purchaser defaults on the fulfilment of his liabilities, we're entitled to the control of the merchandise being under our reservation of property. The purchaser doesn't have any rights against us from expenses resulted from transportation, storage or other costs for this merchandise. As long as the buyer meets the obligations towards us as agreed, he's authorized to continue to treat and sell the merchandise under reservation of property in normal and regular business operation, however only provided the following:
If the purchaser sells merchandise delivered by us or if the merchandise is delivered to a third party respectively no matter in which condition with this the buyer already cedes to us, until total redemption of all our claims from these merchandise deliveries, the claims to his customers resulting from the sale with all minor privileges including claims to indemnification resulting from this business of resale or installation for the amount of the value of the invoice of our deliveries, without still requiering any particular declaration of cession in an isolated case.. We can demand a written cession any time. The purchaser is authorized to seize the ceded claims in trust for us only as long as he meets his payment liabilities towards us.
Place of fulfilment for our deliveries is the respective loading place; place of fulfilment for the purchaser's payments is our company headquarters.