We just deliver with the following terms of delivery, even if we not explicitly contradict with conflicting purchasing conditions. Changes or additions to these terms of delivery shall only be binding if they are confirmed by us in writing form.
All offers are subject to confirmation. An order is just accepted if it is confirmed by us in writing form. The technical data, dimensions, weights, illustrations and drawings are only binding for execution, if it is confirmed by us in writing form. Single and gross weights are approximate given at our discretion - but without liability.
On offers, order confirmations, drawings and other documents we retain ownership and copyright. You may not assign, publish or reproduce or use it for another purpose without our agreement.
Our order confirmation in written form is decisive for the scope of our obligations. Additional agreements and amendments require our confirmation in written form.
The price and delivery are subject to our order confirmation.
We are not obliged for acceptance of exchange. Possible bill charges are at the expense of the purchaser. If a bill is not honored, then all of our claims against the buyer will be due immediately.
In case of delayed payment, we can charge default fees of 4% above the applicable base rate contends, or a minimum of 8%. Evidence of a greater damage is reserved.
With changes in commodity prices, wages or other services, we reserve the right to adjust prices.
Terms of payment are (unless otherwise agreed) from 10 days 2% discount - 30 days net.
The delivery period begins by sending of the order confirmation, but not before receipt of the drawings (approved by the customer), approvals to documents, approvals and the information required for execution of the order and not before receipt of an agreed payment or payments due from previous deliveries.
The deadline of the delivery time is met if the delivery item has left the factory or readiness for shipment has been reported within the appointed deadline.
The delivery period is extended appropriately in the event of labor disputes, in particular strikes, lockouts and the unforeseen obstacles which are beyond the control of the supplier, in so far as such obstacles are proven on the production or delivery of the delivery item of considerable influence. This also applies if these circumstances occur at sub-suppliers.
The delivery commitments are conditionally to the possibilities of covering of both delivery and material.
Claims for damages by the customer are debarred in all cases of delayed delivery, even after any period of grace granted by us.
Partial deliveries are permitted.
If no other instructions are given by the customer, we choose (in accordance with customary care) the shipping route, which seems to us to be the most advantageous. We insure the goods against the usual risks of transport from house to house. The cost of shipping insurance will be billed.
The risk shall pass upon dispatch or collection of the delivery parts to the buyer, even if deliveries are made or if we took over other services, such as the shipping or delivery and installation.
If shipment is delayed due to circumstances for which the purchaser is responsible, the risk shall pass to the purchaser from the day of readiness for shipment. However, we are obliged to the request and expense of the purchaser, to effectuate the insurance on demand.
We reserve ownershop to the delivered goods until payment of all prior claims under the business relationship, including any refinancing or reverse change even at resale or further processing. In the event of insolvency of the buyer, we are entitled to separation or segregation replacement under the provisions of the German bankruptcy law.
The customer may neither pledge the delivery item nor transfer of title for the purpose of securing a debt. In case of seizure or other dispositions by third parties, the Purchaser shall immediately notify us.
Unless otherwise provided by any statutory provisions, we are liable for defects in the delivery, including the lack of assured properties. Under exclusion of further claims in a way to rework defective parts discretion without charge or re-supplied, which due to a situation of the transfer of risk, in particular due to incorrect design, poor materials or poor workmanship are proven to be unusable or whose usability has been substantially curtailed. For goods that we do not produce ourselves, we are liable to the same extent as the manufacturing company. We need to be informed about the defects immediately in writing form. The respective parts must be sent to us on request.
The provisions of §§ 377 and 378 HGB (among others) apply.
Changes or improvements made by the customer or third parties without the approval of us, causes that the liability for defects expires.
The warranty after the transfer of risk does not cover normal wear and tear nor to damages as a result of unsuitable equipment, excessive strain, or faulty or negligent treatment.
Warranty claims can only be raised within twelve months - calculated from the date of delivery or from the date of first occurs.
Further claims by the purchaser, particular claims for damages that have not occurred to the delivery item itself, are excluded.
Transport damage or other complaints (for incorrect or incomplete delivery) must be reported to us in writing form - within 10 days after receipt by the purchaser. If no reporting is sent to us, our delivery counts as faultless. If the external condition of the consignment indicates a transport damage, it must be immediately confirmed by the carrier. For all externally not recognizable transport damage the corresponding certificate shall be submitted about the damage (confirmation by the carrier - within the prescribed periods).
For all resultant rights and obligations of our business deals, for both parts Hagen / Westfalen is the place of performance and Iserlohn is the place of jurisdiction.