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- Our Terms and Conditions
Our Terms and Conditions
1. General Information
These Terms and Conditions shall apply for all business unless other agreements have been reached expressly and in writing. Business provided by auxiliary agents as well as verbal agreements and agreements reached by telephone will only be binding once the customer receives written confirmation thereof. The Terms and Conditions governing sales shall also apply if they differ from the customer’s own Terms and Conditions printed on an order or confirmation note. Our lack of a response hereto shall not apply as agreement with the customer’s Terms and Conditions.
2. Prices
Prices shall apply ex works. The risk associated with transport shall be borne by the customer even if delivery is agreed free delivered or free on board. Damage to goods attributable to storage or inappropriate handling on the docks or during loading on board shall be part of the risk associated with transport. Free delivery is always based on the 15-tonne freight rate. Payment of freight by us shall apply as an advance made for the customer and must in any case be remunerated. Price calculations are based on the pricing factors applicable at the time of confirmation of the order, in particular material and wage costs, but also other charges and costs of any kind. If these costs increase prior to completion of the delivery, the price shall increase by the extra costs incurred as a result. In such cases of subsequent price increases, the customer shall not be entitled to reject the delivery or withdraw from the contract.
3. Payment
Invoice sums must be paid in cash, no discounts, in Witten, Germany, in the respective currency applicable at the place of payment by the 15th of the month following shipping or completion. Bills of exchange will only be accepted in exceptional cases and only on the basis of special agreement against billing of any discount charges incurred. Bills of exchange will not under any circumstance replace payment. Credit notes concerning bills of exchange or cheques will always apply subject to receipt and irrespective of the purchase price previously due in the event of default on the part of the customer. In the event of the payment deadline being exceeded, penal interest must be paid to the sum of loan interest rates charged by private banks. Failure by the customer to comply with the payment deadline shall entitle us to withdraw from contracts but does not release the customer from his obligation to accept and pay for goods. If following conclusion of the contract, circumstances arise entailing doubt as to the creditworthiness of the customer, we shall be entitled to protect the price or demand advance payment. Furthermore, we shall also be entitled to perform pending deliveries or part deliveries only following advance payment as well as withdraw from the contract or demand compensation owing to non-performance following expiry of an appropriate new deadline.
4. Reservation of Ownership
All deliveries shall be performed exclusively under reservation of ownership. Ownership shall not be transferred to the customer until he has settled all of his liabilities arising from our deliveries. This shall also apply when the price of certain goods deliveries designated by the customer is paid. In the case of current bills, reserved ownership shall apply as security for our balance payments. The processing of goods delivered by us and still owned by us shall always be performed at our request without any costs being incurred for us. If the delivered goods are mixed or combined with other items, the customer shall assign at this point his rights of ownership or co-ownership of the combined goods or new items and look after them without any cost to us and exercising the care of a proper merchant. The customer is entitled to sell the delivered goods within the framework of standard business transactions. This authorisation shall not apply if the customer exercises the care associated with conventional business and realises that his creditworthiness no longer suffices in order to cover his liabilities. The customer shall not be entitled to pledge or assign as security goods delivered by us. The customer is obliged to inform us without delay of any pledge or other obstruction of our rights by a third party. If the customer sells goods delivered by us, regardless of the status thereof, he hereby assigns to us all sums arising from such a sale as well as all ancillary rights until such a time as all of our invoices have been paid by him in full. If requested to do so by us, the customer is obliged to inform his buyer of the assignment and provide us with the requisite information on his buyer in order to assert our own rights and to furnish us with any relevant documents. If the value of securities transferred to us exceeds our claims by a total of more than 20%, we shall be obliged to reassign at the request of the buyer. If this extended reservation of ownership should fail to become effective on account of differing Terms and Conditions on the part of the buyer, we shall reserve the right to retain ownership of the goods delivered until payment has been made in full.
5. Packaging, Shipping and Acceptance
Packaging will be billed at cost price but will not be taken back. We shall only be obliged to supply packaging if such packaging is expressly requested by the customer. No liability is accepted for damage to goods shipped without packaging. Deliveries will only be insured at the express request of the customer who will also bear the costs. Goods registered as ready for shipping must be accepted immediately, otherwise we shall be entitled to store them outside without accepting any liability for any damage caused as a result.
6. Complaints
Formal complaints must be submitted in writing at the latest within one week, irrespective of the provision outlined in § 377 of the German Commercial Code (HGB). In the event of justified formal complaints submitted within this period, the goods may be returned free of charge to be replaced in the original version ordered in accordance with these Terms and Conditions governing sales. All claims for compensation—particularly claims concerning lost profit as well as all claims for replacement of faulty items incurring costs either directly or indirectly owing to acceptance, processing, application or reworking performed by the customer and including contract penalties—shall be excluded. As for the rest, we are obliged to deliver goods of conventional design and quality. Special quality agreements must be made in writing. We shall not be obliged to examine commission jobs awarded to us for processing as to whether they are free of faults and whether refinement is possible. Our liability for faults only extends to cover the direct value of refinement performed by us.
7. Delivery Deadlines and Dates
The delivery dates indicated in the order confirmations shall only be approximate and can be postponed accordingly by events attributable to forces majeures, operating problems, strikes, material shortages, control measures and other similar circumstances. If such circumstances have made production or delivery considerably more difficult or impossible for us, we shall be entitled to withdraw from the contract. No penal consequences shall follow expiry of the delivery deadline and in particular, no claims for compensation may be asserted. In such cases, the customer shall not have the rights outlined in § 326 of the German Civil Code.
8. Acceptance
If the goods are supplied directly to a third party or delivered abroad, the customer must inspect and accept the goods at his own expense in our factory. This obligation is not dependent on any particular request to do so. If the goods are not accepted this way, the delivery shall apply has having been performed in accordance with the contract.
9. Place of Performance
Witten, Germany, shall apply as the place of performance for all persons involved as well as other persons with personal liability apart from a company for whatever reason and for all rights and obligations arising from business conducted.
10. Jurisdiction
Witten, Germany, shall be the sole place of jurisdiction for all disputes. 