General Terms and Conditions ( AGB’s )
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Conclusion of contract
Sales and deliveries are made only under the following conditions. These shall also apply if the purchaser prescribes his own terms and conditions of purchase and without our express objection.
Our offers are subject to change without notice, unless their period of validity is expressly stated.
An order shall not be deemed to have been accepted until it has been confirmed by us in writing Additions, changes or subsidiary agreements require written confirmation to become effective. Our terms of delivery shall be deemed accepted at the latest upon acceptance of our deliveries or services.
The seller reserves the right to withdraw from the contract, to demand advance payment or appropriate securities, if he learns after conclusion of the contract, but before delivery of the goods, of a financial collapse of the customer. -
Place of performance and jurisdiction
The place of performance for delivery and payment is Weinheim. The place of jurisdiction for all disputes arising from the contractual relationship, including actions on checks and bills of exchange, shall be Weinheim for both parties in the event of the prerequisites of the provision of § 38 of the Code of Civil Procedure.
The legal relations between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany. -
Delivery time
The delivery period shall commence on the date on which agreement on all details of the order is reached in writing between the customer and us. Our written order confirmation shall also be decisive for the scope of the order.
We ensure compliance with the agreed delivery time, to the best of our ability. The delivery period shall be extended appropriately in the event of unforeseen hindrances beyond our control, regardless of whether they occur at our plant or at our subcontractors (force majeure, operational disruptions, strike or lockout, shortage of materials). In this case, we are entitled to withdraw from the contract, excluding claims for damages. Partial deliveries are permissible. -
Shipping and risk
Shipping is ex works or delivery point. The determination of the shipping route and method is left to us if nothing special has been agreed. The risk shall pass to the Purchaser upon dispatch, even if carriage paid shipment has been agreed, and even if the shipment is carried out with our own vehicles.
The packaging costs shall be borne by the customer. In the normal case, we credit 2/3 of the value of the crate when returning crates freight prepaid. However, the boxes must still be in usable condition. Shipping cartons are not returnable. The freight costs shall be borne by the customer. This also applies to postal shipping -
Insurance
Insurance of the delivery items shall only be provided at the express request of the Purchaser. The cost of insurance shall be borne by the customer.
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Prices and terms of payment
Prices are in EURO and are ex Weinheim. The prices specified in the offer shall be decisive. If offer prices are not available, the prices valid on the day of delivery shall apply. If the delivery time is longer than 12 months, we may make a price reservation.
Invoices are payable in EURO no later than 30 days after the invoice date. We grant a 2% discount for payment within 8 days of the invoice date, unless net payment is expressly stipulated by us in the offer. Cost estimates for repairs are charged at a flat rate of € 75. These costs will be charged in case of repair approval. Repair invoices are always to be paid immediately without discount. For an order value of less than € 40,– we charge a minimum quantity surcharge of € 25,–.
Representatives are not authorized to collect. Payment by bill of exchange is only permissible after prior written agreement. The customer shall reimburse the bank, discount and collection charges incurred immediately after they have been debited. Bills of exchange with a term of more than 3 months will not be accepted. Rollovers are excluded. -
Retention of title
The goods shall remain our property until full payment of all claims arising from the business relationship, also insofar as claims from previous deliveries are concerned. In the case of payment by check or bill of exchange, the retention of title shall apply until they have been cashed and credited.
The customer is not entitled to pledge the goods delivered by us to third parties or to assign them as security without our consent. If the goods owned by us are sold by the purchaser in the normal course of business, the purchaser’s claim against third parties for payment of the purchase price shall pass to us. In the event of default in payment on the part of the customer, we shall be entitled to reclaim the goods which are our property without this constituting a withdrawal from the contract.
If goods which are our property are seized by third parties or any other access by third parties takes place, the customer is obliged to inform us immediately, if possible by telephone. All costs incurred shall be borne by the customer -
Default of payment
In the event of default in payment, we shall be entitled to charge interest on arrears at a rate of 2% above the Bundesbank discount rate from the date of the first reminder. If the customer is in arrears with a due payment or if there is a significant deterioration in his financial circumstances, we may demand cash payment before delivery of the goods or a bank guarantee for all outstanding deliveries, with the payment period being cancelled.
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Notice of defects
Complaints must be made to us in writing without delay, at the latest within 2 weeks of receipt of the goods. We are entitled, but not obligated, to check the justification of raised notices of defect at the place of the customer or to have them checked by authorized representatives.
Without our declaration of consent, the customer is not entitled to return the delivered goods. We are not obligated to accept or bear the costs of complaints shipments not previously agreed upon, even if the complaints should eventually turn out to be justified. In the event of justified complaints, we shall have the right to rectify the defect or supply a replacement free of defects within 30 days of receipt of the goods. After expiry of this period, the statutory provisions shall apply. In the case of hidden defects, the aforementioned provisions shall apply accordingly from the time of discovery of such defects. The assertion of claims for damages due to the consequences of material defects is excluded, unless we or our auxiliary persons have caused the damage intentionally or by gross negligence.Weinheim, October 2021 -
Terms of Conditions as PDF
