Our general terms and conditions of business are binding when you send your order.
General sales, delivery and payment conditions
1. general:
All deliveries and other business transactions are expressly subject to the following terms and conditions. All orders, in particular deviating agreements or subsidiary agreements require the express written confirmation of one of the managing directors in each individual case. We reserve the right to withdraw from the contract within 10 days after receipt of an order. Claims for damages are excluded. Any conditions of purchase of the buyer which are in contradiction to the conditions laid down here are not valid for us, even if we do not expressly object.
2. prices:
All offers, especially those made by travelers or representatives, are subject to change without notice regarding price, quantity, delivery time, delivery possibility, etc. Our prices are in EURO (€) and, unless otherwise agreed, ex works. Should the Seller generally reduce or increase his prices in the period between conclusion of the contract and delivery, the new price valid on the day of delivery will be charged. In the event of a significant increase in prices, the buyer is entitled to withdraw from the contract. In the event of obviously incorrect pricing or obvious calculation errors, we are entitled to make corresponding additional claims. The same applies if the buyer could see that our pricing or printouts were faulty. Packaging will be charged separately.
3. shipping and insurance:
The choice of the dispatch route and the mode of dispatch is made by us. Any dispatch, even in the case of freight-free delivery or by our means of transport, is at the risk and expense of the buyer. We are not responsible for any difficulties that may arise during transport. Insurance against damages of any kind will only be taken out at the express request of the buyer and at his expense. With regard to the packaging regulations of 12.06.01, the buyer expressly declares his wish for the type and extent of transport packaging upon receipt of the goods. Non-merchants may make a different declaration within 14 days of becoming aware of these present terms and conditions. We charge a packaging share as well as shipping costs. Additional costs for express and rush shipments shall be borne by the buyer.
4. delivery
Delivery times are adhered to as far as possible. However, they are not binding. Failure to comply with them excludes any notice of default by the seller and any claims for damages against us. In case of non-delivery, later delivery or only partial delivery, the buyer is not entitled to any claims for compensation against us. Delivery difficulties or delivery differences do not entitle the buyer to withdraw from the contract. We reserve the right to make technical changes and necessary adjustments to our delivery program. Delivery obligations and delivery periods shall be suspended as long as the buyer is in arrears with an obligation.
5. warranty
Minor deviations in quality, masses and quantities as well as colour deviations from goods delivered earlier do not constitute grounds for complaints. We do not assume any liability for the suitability of our goods for certain purposes.
6. notices of defects
The buyer is obliged to check the delivered goods immediately after receipt for suitability and correctness in every respect. Complaints of any kind must be received by us in writing at the latest 1 week after receipt of the goods before use or further processing. Hidden defects must be reported to us in writing within 1 week of becoming known, but at the latest within 4 weeks of delivery. If a consignment is externally damaged, you must refuse receipt and prepare a protocol signed by the shipping company upon delivery and send it to us immediately. After this period has elapsed without complaint, the delivery of goods shall be deemed to have been accepted in all respects as proper and in accordance with the contract. In the event of a justified notice of defect, we reserve the right to decide whether a price reduction is to be made or whether a replacement delivery is to be made free of charge by taking back the goods. The assertion of claims for damages of any kind is excluded. Notifications of defects do not release the buyer from the obligation to make the agreed payments. In the case of sales according to samples, these are non-binding and only guarantee an approximately correct design, which may vary according to raw material and industry standard manufacturing tolerances. Returns require our prior consent. Custom-made products cannot be taken back.
7. technical application advice
Application, use and processing of the purchased goods are exclusively the responsibility of the buyer. The application-technical advice given, both verbally and in writing, is only non-binding information, also with regard to any third-party industrial property rights, and does not release the purchaser from the obligation to test the products himself to ensure that they are suitable for the intended processes and purposes. Liability for omission is also excluded. Should the Seller’s liability nevertheless come into question, it shall be limited to the value of the goods delivered by the Seller.
8. contract processing
In the case of contract processing or subcontracting, the delivery, safekeeping and processing of raw materials and semi-finished products shall be at the expense and risk of the customer. The same applies to the return delivery of the finished goods. No compensation or compensation for depreciation in value shall be paid for damage to or loss of the materials stored with us.
9. payment
Unless other terms of payment are expressly stated in invoices, invoices are due immediately and without deduction. If a payment period of 30 days from the date of invoice is exceeded, interest on arrears will be charged at 1% for each month or part thereof, subject to the right to claim further damages for delay. If the payment period is exceeded, we are entitled to refuse further performance of the contract; in addition, all claims arising from the business relationship are due immediately. No discount will be granted on new invoices before payment of old, already due invoices from previous deliveries. If a direct debit order is issued, previous, due invoice amounts will be collected immediately and without discount. Payments made by the purchaser will be used to settle the oldest debt due. Withholding of payments or offsetting against counterclaims for any reasons not recognised by us are excluded. Changes in our assessment of the buyer’s creditworthiness, in particular non-compliance with payment obligations, exceeding a credit limit, receipt of unfavourable information, etc., entitle us to demand that payment be secured before the order is completed. Delivery to buyers not known to us shall be made against advance payment or cash on delivery. Payments shall only be deemed to have been made when we can finally dispose of them. The acceptance of bills of exchange requires our consent. The maximum term of validity is 90 days from the date of invoice. Discounts, bill charges and similar information are at the expense of the buyer. Cheques and bills of exchange shall only be considered as payment after they have been cashed, including the costs.
10. reservation of title, assignment by way of security
Our services are provided exclusively under retention of title. The goods remain our property until all claims we are entitled to from our business relationship with the customer against him have been settled. In case of default of payment we are entitled to take back the goods delivered under reservation of title. All claims of the buyer arising from any resale of delivered goods shall be deemed to have been assigned to us in full and already now as a precaution, together with all ancillary rights. If the delivered goods are mixed or combined with other objects, the buyer assigns to us already now his rights of ownership or co-ownership of the mixed stock or the new object. We accept this assignment. The buyer may not assign or pledge his claims to third parties without the consent of a managing director. The buyer is obliged to inform us immediately of any execution, confiscation or other measures of third parties that affect our property rights. In case of default of payment or violation of the aforementioned obligations of the buyer, we shall be entitled to take out our property in direct possession, excluding any rights of retention. The taking back does not release the buyer from his payment obligation. Notwithstanding this obligation, we shall be entitled to make the best possible use of the goods taken back. The proceeds resulting from this – after deduction of any costs incurred – shall be credited to the buyer against his liability.
11. official regulations
The buyer or processor is responsible for compliance with official safety regulations during storage and processing of delivered goods.
12. place of performance and jurisdiction
The place of performance and jurisdiction for merchants is Cadolzburg. The place of performance for delivery is Cadolzburg. These general terms and conditions replace all previous terms of sale and delivery. Should individual clauses be invalid in whole or in part, this shall not affect the validity of the remaining conditions.
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.