Terms of sales

 

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1. Supply contract

a) Our written confirmation is exclusively binding for the contents of the supply contract.
b) Concerning the delivery of special tools the supplied quantity may deviate by at max. 15 % from the quantity ordered (in excess and case of smaller delivery).

2. Prices

a) The prices of our price lists as valid in each case are to be understood in € for the supply ex factory or distributing depot, without packing costs and without value added tax.
b) The packing will be charged and not be returnable.
c) Tools which are not catalogued are offered and confirmed at prices that are not binding. Binding prices will only be quoted and invoiced after production.

3. Terms of delivery

a) Terms of delivery are binding only, if these have expressly been confirmed in writing by the supplier.
b) If the supplier is defaulting the buyer can denounce the contract after expiry of a grace period. Further claims of the buyer are excluded.

4. Bearing of the risk

a) All risks and dangers pass in any case to the buyer, as soon as the merchandise has left the factory of delivery or the distributing depot; even though deviating terms of delivery may have been agreed.
b) The supplier can insure shipments at the charge of the buyer, if so desired.

5. Payment of our delivery and performance

a) Payment of our invoices must be effected within 30 days after the date of the invoice. We grant a discount of 3 % upon immediate payment after receipt of the invoice.
b) Deliveries to unknown business partners can only be effected against prepayment or cash on delivery.

6. Reservation of ownership

All goods supplied by us remain our property until all our claims to the buyer will have been paid off completely.

7. Warranty, complaints

a) The buyer is required to give notice of defects acc.to §§377, 378 HGB.
b) Complaints have to be given within 14 days after arrival of the shipment on the premises of the customer. There can no replacement be made for defects which were caused to the products by misuse or improper treatment. Claims are irrelevant, if the respective merchandise has already been used. A replacement can only be made, if defets exist on new parts as can be proved. Further claims of the buyer against the supplier are excluded, regardless for which legal basis ever.
c) All claims of the buyer expire 6 months after the complaint has been notified, unless they have meanwhile been acknowledged by the supplier or a lawsuit is pendent.
d) All costs for an unjustified complaint are at the buyer’s charge, if proof is given for unjustification.
e)The supplier is liable only for defects, which have been caused by him, if tools have been manufactured according to standards set by the buyer.
f) 3 months after delivery all possibilities cease with regard to making complaints of submitting guarantee claims.

8. Other substitute claims of the buyer

The buyer cannot contest any rights against the supplier that would exceed the possibilities mentioned under 3. und 7. regardless of which cause in law he is been relying on.

9. Court of jurisdiction

The tribunal at the seat of the plant of supply or at the seat of the latter one’s legal representation is competent for all litigations.

10. Modifications

We reserve the right of making changes with regard to depiction and construction of all our products.

11. Small orders

For executing orders having a net commodity value under € 50,00 we must charge a 20 % handling fee.

 

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