General Terms and Conditions of Sale
- We sell only on the basis of the following “General Terms and Conditions of Sale”. Any deviations from these, in particular the Buyer’s terms and conditions of purchase, shall not be binding on us and are hereby rejected. Silence with respect to other terms and conditions shall not be deemed as recognition or consent.
- Place of performance for all obligations of both contracting parties arising from all deliveries shall be Heilbronn/N., also for fob and cif transactions. The place of jurisdiction is Heilbronn. In the case of export transactions, German law shall apply as a matter of principle.
- All offers and prices are subject to change and are non-binding until we confirm the order. The dimensions stated in the offer or in the order confirmation are in principle overall dimensions. We reserve the right to make price changes if the price increases for raw and auxiliary materials, as well as for wage increases which occur during the term of a contract. In the case of short-term delivery, the issued invoice can replace a written confirmation. Declarations of any kind made in person, by telephone or by representatives as well as subsidiary agreements require our written confirmation in order to be valid. The purchaser cannot derive any rights to change the following “General Terms and Conditions of Sale” or claim the same treatment for other cases which deviate from business procedures actually practiced by us in the course of a business relationship.
- Prices are quoted and invoiced in Euros. The stated or listed price is always the net price, to which the currently valid sales tax must be added. The price is always ex works, excluding packaging, unless expressly agreed otherwise in writing.
- Orders on call must be accepted within 6 months (the date of the order confirmation is decisive); quantities not yet accepted after this period are automatically delivered and invoiced.
- The stated delivery times are binding for us and are only approximate. All influences for which we are not responsible, in particular force majeure, war events, transport difficulties, machine failure, etc., entitle us to withdraw from the contract. Delay on our part only entitles the purchaser to withdraw from the contract (if a corresponding subsequent delivery period is granted) but not to compensation. We are entitled to make partial deliveries.
- Warranty and notice of defects
Customary deviations in quality, dimensions and quantities do not constitute grounds for complaint. We shall only be liable for the suitability of our goods for certain purposes, in particular packaging purposes, if we have expressly warranted this in writing. Advice to the purchaser, in particular on the use of our goods, is given without guarantee. For all orders, we expressly reserve the right to over- or under-deliver by up to 10%, for orders under 300 kg by up to 20%, both with regard to the total final quantity and with regard to each partial delivery. Complaints must be received by us within 14 days of receipt of the goods, otherwise the goods shall be deemed to have been approved. In the event of material defects, the purchaser may only demand redhibition or a reduction in the purchase price, but not compensation for damages. The claim for redhibition or reduction is excluded, if we declare ourselves ready for replacement delivery or rectification within a reasonable period of time. Returns require our prior consent. Custom-made products cannot be returned. We shall have the right to inspect, test and carry out trials on rejected goods. The weights, numbers of items or quantities specified by us at the time of shipment shall be decisive.
- Unless otherwise agreed in writing, payments shall be made within 10 days of the invoice date with a 2% discount, or within 30 days net. In the event of non-compliance with the payment deadlines, the purchaser shall be in default without reminder. In this case we may charge bank interest. No discount will be granted on new invoices before payment of old invoices already due from previous deliveries. Payments made by the buyer will be used to pay off the oldest debts due. Withholding of payments or offsetting against counterclaims on any grounds not recognized by us shall be excluded. Changes in our assessment of the Buyer’s creditworthiness, in particular non-compliance with payment obligations, exceeding a certain credit limit. Receipt of unfavorable information, etc. entitles us to demand security for payment before production or delivery of the order, even if this was not agreed, or to withdraw from the contract. To buyers not known to us, delivery is made against cash in advance or cash on delivery.
- Retention of title
All delivered goods, even in processed condition, remain the property of our company until fulfilment. If the goods belonging to us are resold, the claim against the third party purchaser shall take the place of the goods belonging to us, without any express assignment to you being required. The purchaser is obliged to keep and store the goods belonging to us separately; the purchaser is prohibited from disposing of these goods outside the ordinary course of business, e.g. by pledging them or assigning them as security. The buyer is obliged to inform us immediately of any access by third parties to the goods delivered under reservation of title.
- The buyer does not acquire any right to the items themselves through the payment of parts of the costs for tools etc. These shall remain our property in any case, irrespective of any claims for protection of designs on the part of the purchaser. We claim legal protection for our own designs. The purchaser shall assume responsibility for ensuring that the designs commissioned do not violate – industrial property rights of third parties (utility models, design patents, trademarks, equipment, patents, etc.).