Terms and conditions (General conditions of Payment, Delivery and Guarantee - Sales conditions)
1. Acceptance of order
The order becomes binding for the deliverer only in case of a written confirmationor execution of delivery. Orders by telegram or telephone need a subsequent order in writing, as well as verbal statements of representatives or employees of the deliverer. Framework orders have to be fulfilled within one year.
2. Conditions of purchase of the customer
By accepting our order the customer agrees to these conditions of purchase. If our order is not confirmed according to our conditions by the customer, only our conditions are valid even if we don’t contradict. That means that modifications are only accepted, if they are expressively accepted by us in writing. If the client does not agree with the above mentioned conditions he has to point this out explicitly and immediately in writing. In this case we reserve the right to withdraw the order without being liable for any claims made against us. Our conditions are also valid for future dealings, even if not explicitly mentioned, in so far as the client received anyorder confirmed by us.
All offers are subject to confirmation and not binding and are limited to one year. Unless otherwise agreed to, net prices are quoted for orders up to € 749,–, and do not include delivery costs. Up from a net order volume of € 750,– there will be freehome delivery including expenses for shipment within the Federal Republic of Germany. Extra charges for packing as maritime cargo at cost. Delivery to foreign countries – free German border, undeclared. The same conditions are valid for agreed partial and express deliveries, delivery of replacement parts principally is charged. Extra charge for shipment in case of delivery to islands.
Amounts under € 10,– are considered as small orders and will becharged with this minimum amount.
4. Delivery time
The delivery time has to be considered as approximate and not binding and is subject to availability. In case of transport delays due to circumstances beyond our control or delayed receipt of material, the delivery will be delayed accordingly.
5. Transfer of risk
The shipment is realized at buyer’s risk and invoice. Accordingly the supplier is notliable for damage and loss incurred during transportation, even if free shipment was agreed to. The supplier will insure goods against transportation and/or other damages at his own discretion upon explicit request and at the expense of the buyer.
6. Return of goods
Return of goods are admitted only with the explicit approval of the deliverer and have to be shipped free of charge. If devices as good as new are returned they are credited with 80 % of the invoiced value after an extensive inspection in our factory. Devices especially produced for the client cannot be returned.
If no other modes of payment are stipulated in writing, the following mode of payment is valid: Payment within 8 days after receipt of invoice with 2 % discount or within 30 days after receipt of invoice net. If terms of payment are violated, an interest rate of 2 %more than the valid bank rate of the “Landeszentralbank” will be charged with reservations to validation of further damages. All expenses for the payment to the deliverer have to be defrayed by the buyer. The seller doesn’t assume any liability in case that bills of exchange, cheques or other means of payment are presented intime or are protested. The risk of transferring the invoiced amount to the supplier or the banking institution stipulated by him is carried by the buyer. The commitment of the buyer to pay the invoiced amount is fulfilled upon receipt of the amount by the supplier, or the stipulated banking institution or the receipt of transfer to his bank or post office account. The payment by bills of exchange has to be explicitly approved by the supplier. The agreed terms of payment also have to be observed, when guarantee claims are made. If the supplier, before or after execution of the order, becomes aware of circumstances raising doubts as to the ability of the buyer to meet the payments, the supplier reserves the right to subject the delivery to a surety or to withdraw from the contract after debeting the buyer for expenses incurred for work done on his behalf or in case of the deliver having already been made to demand the immediate payment of the entire debt in cash. This is also valid for amounts for which cheques or bills of exchange were submitted.
8. Proviso of property
The goods are property of the seller as long as the invoice, as well as all extra charges and all claims of the deliverer towards the buyer out of their basic and incidental business connections have not been paid completely. The right of ownership is not restricted or changed by the connection of the delivered appliances to the mains of the building where they were delivered. Cheques are only considered as payment, when they are cashed. The delivered goods may neither be pawned nor given as security without prior approval of the deliverer. In case of sequestration by a third party the buyer has to inform the seller immediately and has to render the necessary assistance to protect the seller’s rights. In case of suspension of payment the buyer also has to inform the seller about existing stocks: in so far as third parties have given bills of exchange to the buyer that have not been cashed, these have to be endorsed to the deliverer. If the buyer has agreed payment by instalment with athird party, he has to assign the right to claim these instalments to the deliverer. Atany time the buyer is revocably authorized to resell the delivered goods accordingto the rules of a fair business. If the buyer sells the delivered goods irrespective oftheir condition he assigns the rights to claim from the third party to the deliverer until all financial demands towards the deliverer are satisfied. The proceeds immediately become property of the proviso seller; the proviso buyer safeguards the money for the proviso seller. On demand of the deliverer the buyer is obliged to inform the sub buyer about the cession and to give the necessary information and to hand over documents to the deliverer to enable him to claim his rights towards the sub buyer. If the value of the surety exceeds the delivery value by more than 20 %, the deliverer is obliged to recompense this amount upon request of the buyer. If the buyer is in arrears with his payments, the supplier has the right, in accordance with the contract of sale, to demand the return of the goods. In the case of payment by third parties, who took over security delcredere liability for the debtor, rights to property proviso are unchanged by this payment, but they are assumed by the third party according to §§ 774, 401 and 412 BGB (German CivilCode). The buyer is obliged to safeguard the goods carefully at his own expense and to ensure them against fire, theft and other circumstances beyond his control.
9. Force majeure
In case of special incidents, like force majeure, strikes, operational failures, shortage of raw material, war, blockades of shipment, interventions of any authority or similar circumstances out of the seller’s responsibility, which prevent delivery, the seller’s delivery obligation is suspended as long as these impeding circumstances are existing. In this case the deliverer also is allowed to cancel the contract completely or partially with immediate effect without any right for the buyer to claim for damages to the seller.
10. Complaints – defects
The goods have to be checked immediately upon arrival at the destination and betreated with the care of a fair merchant. Complaints about incomplete or incorrectdeliveries or noticeable defects have to be presented in writing immediately – at the latest within 8 days of receipt. If no complaints are lodged within this time thedelivery is considered as accepted. If complaints are lodged timely a subsequentdelivery or claims are guaranteed as stipulated in paragraph 11.
In case of a purchase contract with a contractor concerning a new movable good,excluding construction material, the goods are guaranteed for 1 year. In case of apurchase contract with a consumer concerning used movable goods, excludingconstruction material, the goods are guaranteed for 1 year. In case of a purchasecontract with a contractor concerning used movable goods, excluding constructionmaterial, no guarantee is given. In case of a purchase contract with a consumerconcerning used construction material, in so far as it is mounted, the goods are gua-ranteed for 1 year. The guarantee is null and avoid if the buyer is a contractor. Theseterms of guarantee are valid for the right of fulfilment, compensation of damagesand compensation of unnecessary expenses. If a shipment sale is agreed to with acontractor (§ 447 German civil code), the risk of damage or complete destruction ofthe purchased goods is passed on to the contractor, when the seller passes thegood to the shipper. This is not valid in the case of the purchase of consumer goods.
12. Place of fulfilment – place of jurisdiction
Place of fulfilment is the head office of the deliverer, Bad Marienberg/Westerwald. Also in case of dealings with foreign companies the German civil code/mercantilelaw code applies. The UN- agreement of Vienna governing international purchases of April 11, 1990 does not apply. Place of jurisdiction is Koblenz, as long as the claims do not fall under the cognizance of the local court. In this case, the local court of Westerburg is the place of jurisdiction.
13. Invalidation of particular clauses
If particular clauses of these sales conditions are or become invalid, all other clau-ses remain effective.
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