These terms and conditions shall be deemed to have been acknowledged by all our customers upon placement of an order. Differing conditions shall be effective only if we have given our express consent in writing. Obvious errors as well as spelling mistakes and miscalculations shall not be binding for us. These terms and conditions of sale shall apply to all future business transactions with the ordering party to the extent that these transactions are of a similar nature.
§ 1 Documents
1.We shall retain title and copyright to all documents (e.g. cost calculations, drawings, etc.) made available to the ordering party in connection with the order. These documents must not be made accessible to third parties unless we have granted express written permission to the ordering party.
1.Unless a written agreement has been made to the contrary, our prices are ex works, exclusive of packaging and subject to Value Added Tax at the currently applicable rate. Packaging costs can be invoiced separately. Our prices constitute recommended retail prices.
2.The purchase price shall be paid exclusively into the bank account designated by use.
3.Unless otherwise agreed, the purchase price shall be payable within a period of ten days following delivery. If the purchase price is paid within eight days of the invoice date, a 2% discount can be deducted. Interest on arrears will be charged at an annual rate of 8% above the currently applicable Base Rate. We reserve the right to assert higher claims for damages arising from arrears.
4.The customer shall be in arrears following the issue of a reminder after the elapse of the due date. The customer shall also be in arears if the invoice remains unpaid 30 days after receipt.
5.Unless a fixed-price agreement has been concluded, we reserve the right to make reasonable price adjustments due to changed labour, material and distribution costs occurring three months or more after the conclusion of the agreement.
1.If the goods are shipped to the ordering party at its own request, the risk of accidental loss and accidental deterioration will be transferred to the ordering party no later than at the time the goods leave the warehouse. This shall apply irrespective of whether the goods are shipped from the place of performance and irrespective of who bears the freight costs.
1.We will retain title to the delivered goods until all receivables arising from the delivery agreement have been paid in full. This will apply to all future deliveries, even if we do not make explicit reference thereto. We will be entitled to take back purchased goods if the ordering party is in breach of contract.
2.The ordering party will be obliged to handle the purchased goods with all due care until such time as title has been transferred. In particular, the ordering party shall insure, at its own expense, the purchased goods against theft, fire damage and water damage at an amount adequate to cover their replacement value. If maintenance and inspection work is necessary, the ordering party shall carry out this work punctually and at its own expense. Until title has finally been transferred the ordering party shall inform us immediately and in writing if the delivered goods are distrained or subject to any other interventions by third parties. To the extent that the third party is unable to reimburse us with the judicial and extra-judicial costs of litigation pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the ordering party will be liable for any losses we incur.
3.The ordering party will be permitted, in the normal course of business, to resell goods that are still subject to the retention of title. The ordering party shall immediately assign to us the receivables from such resold goods at an amount equivalent to the agreed final invoice amount (including VAT). This assignment will apply irrespective of whether the purchased goods have been resold prior to, or subsequent to, further processing. The ordering party will be entitled to collect receivables after they have been assigned. Our entitlement to collect receivables ourselves will remain unaffected by this. However, we will not collect receivables unless the ordering party fails to fulfil its payment obligations with respect to the received proceeds, is not in payment arrears and, in particular, has not filed a petition for the opening of insolvency proceedings and payments have not been suspended.
1.The warranty rights of the ordering party presuppose that this party has properly fulfilled its inspection and defect-notification obligations in accordance with Section 377 of the German Commercial Code (HGB). Obvious defects must be reported to us in writing without delay and no later than 14 days after receipt of the goods. Hidden defects must be reported to us in writing no later than 14 days after their discovery.
2.Claims for defects will become time-barred 12 months after the delivery of the goods to the ordering party. The return of goods will be subject to our prior approval.
3.If, despite all due care and attention on our part, the delivered goods are defective at the time of the transfer of risk, we will, subject to defect notification within the prescribed period, either carry out repairs or supply replacement goods. In all cases we must be granted a reasonable period of time for rectification. This right to rectification will become null and void in the event that the purchaser rectifies defects on its own authority. This clause shall neither affect nor limit claims for recourse.
4.Claims for defects shall not apply in the case of insignificant deviations from the agreed condition of the goods, minor impairment of usability, natural wear and tear and, after the transfer of risk, in the case of damage due to faulty or negligent handling, excessive loading, unsuitable operating materials, unsuitable building foundations or special external influences which have not been allowed for in the agreement. If the ordering party or a third party has performed improper maintenance or modifications, resultant defect claims will be ruled out.
5.Claims of the ordering party for necessary expenditure in connection with the rectification of defects ñ in particular, transport, travelling, labour and material costs ñ will be ruled out to the extent that this expenditure has increased due to the subsequent removal of the delivered goods from the ordering partyís premises. This will not apply in the event that the removal of the goods accords with their intended use.
1.Return shipments of goods must be notified in advance, must be delivered free of charge to our premises in the original packaging and must be accompanied by a copy of the invoice, as well as the reasons for the return shipment.
2.After an order has been placed, goods which have been procured or produced exclusively for the purchaser cannot be cancelled or taken back.
3.If a delivery free of any defects is taken back under the terms of Article 6.1, we will be entitled to charge a redemption fee amounting to 25% of the value of the delivery or no less than € 20.00.
1.This agreement and all legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2.Unless the order conformation contains stipulations to the contrary, the place of performance and the exclusive venue of jurisdiction for all disputes arising from this agreement shall be the location of our registered office.
3.All contractual arrangements concerning the execution of this agreement have been stipulated in writing herein.
4.If any provisions in this agreement are or become invalid, or if this agreement contains an omission, the other provisions shall not be affected thereby. In place of the invalid provision the parties shall agree upon a legally permissible provision which corresponds as closely as possible to the original commercial intention of the invalid provision/which closes this omission.
We shall not accept liability for indirect damages arising in connection with the sold goods ñ for example, lost profits and consequential damages resulting from defects. The exclusion or limitation of liability shall be ruled out for damages arising from death and personal injury due to the intentional or negligent dereliction of duty on the part of the user or the intentional or negligent dereliction of duty on the part of any legal representative or agent of the user.
An der Strusbek 10a,
22926 Ahrensburg
Germany
Mo - Thu: 8:30 - 17:00 Uhr
Friday: 8:30 - 15:00 Uhr
Our expert team will be happy to provide you with reliable advice and answer any questions about our range. Our customer promise is: we supply you with the right parts, at the right time, in the right place.
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