Terms of delivery and payment
1. We exclusively deliver to commercial customers or legal entities under public law (called "purchaser" hereafter).Our offers are subject to change until the order confirmation. As the delivery generally takes place at short notice, we only confirm orders on special request or if a longer delivery time is to be expected. Purchasing conditions and other conditions of the purchaser are only binding if we expressly acknowledge them in writing.
2. Lierfertermine are approximate deadlines. The observance of expressly agreed delivery periods is dependent on the purchaser providing timely all documents to be delivered by him and any necessary approvals and observing his contractual obligations. In case of delays of the customer, the delivery period is extended appropriately. All delivery times are subject to unforeseen obstacles, whether they occur to the supplier or its suppliers (eg force majeure, war, riots, strikes, rejection of an important work piece or other delays not caused by gross negligence). The delivery period will be extended accordingly. In the event of non-observance of delivery deadlines, which we are responsible for, the purchaser can withdraw from the purchase with prior notice after expiry of a reasonable period of grace. Compensation claims of the purchaser in the event of a missed deadline are excluded.
3. We deliver commercial quality, design changes are reserved at all times. For our delivery and performance, we assume warranty in the way that we replace defective parts free of charge upon submission to us, if the damage occurs due to defective processing or as a result of material defects. Warranty claims are only recognized if they are communicated in writing immediately upon discovery of the defect, at the latest within three months after shipment, upon presentation of the defective part. Complained parts are to be sent free of freight and duty. The return delivery or replacement will then be on our part free recipient. For parts that are not manufactured or supplied by us, our warranty is limited to the assignment of compensation claims that we have against the supplier. Further claims are excluded.
4. Unless otherwise agreed, the shipment is freight prepaid for the account and risk of the customer from Lüdenscheid. Without special shipping instructions, the shipping is done at our discretion. If desired, we insure the shipments at the expense of the customer at a well-known German insurer against transport damage. With the dispatch of the delivery the risk transfers to the orderer. If the dispatch is delayed due to the fault of the customer, the risk shall pass to the customer on the day of readiness for shipment.
5. Our prices are net prices from Lüdenscheid. If the production costs increase significantly after the order, we are entitled to adjust our prices due to changes in material prices, wages, taxes, freight charges etc. If the multiple claim exceeds 10% of the order value, the customer is entitled to withdraw from the order immediately after notification of the multiple claim. For orders below a value of EUR 25,50 we charge a processing fee of EUR 5,10. Unless otherwise agreed in writing, all invoices are to be settled in full 30 days after the invoice date without deductions. Bills of exchange and checks are only provisional cover until redemption. For customers with whom we do not have a permanent business relationship, we reserve the option of delivery by cash on delivery. In case of late payment we are entitled to charge interest and costs in the amount of the respective bank rate.
6. We reserve the ownership of the goods delivered by us until the account of the purchaser kept by us is completely balanced for all claims arising from the contractual relationship. The customer may sell our property only in the ordinary course of business and as long as he is not in default.
7. Place of jurisdiction for any disputes arising from the contractual relationship - also for bill of exchange claims - is Lüdenscheid. We are also entitled to sue at the customer's location.
8. In addition to the terms of delivery, substantive German law shall apply to the contractual relationship. Collateral agreements are only valid if confirmed in writing.
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