For our deliveries and our other services , the following Conditions of Sale apply . They also apply to future business with the customer.
Deviating conditions of the customer are not binding for us if we do not expressly object to them after their receipt.
Our offers are subject to change.
The underlying pattern of our services , technical drawings, illustrations are only a guideline and therefore the contract if they are expressly referred to in our written offer or our written confirmation as such.
All our products are designed and manufactured primarily for just one customer or a small group of purchasers . All oral and written information on the suitability and the possible applications of our products to be accurate . However, they only experience dar. We are not liable for the suitability of our products for the specific application of the purchaser. The purchaser must satisfy themselves by their own evaluation as to the suitability of our product for its use.
Unless otherwise agreed in writing , our prices are exclusive of freight and packaging are ex works . Freight and packaging will be invoiced separately .
If a freight-free delivery of goods pledged , we deliver free to the receiving station of the customer , excluding transport cost . Additional costs due to required by the customer specific shipping ( express , express freight , air freight ) will be borne by the customer ..
Our prices are without VAT. The VAT will be shown separately in the invoice .
Unless stated in the order confirmation, the purchase price , including VAT, is without deduction due immediately.
The cash discount deduction subject to special written agreement. Agreed discount terms are only respected if payment within the period is credited to our account.
Agreed cash discount always applies to the invoice value excluding freight and requires the full payment of all amounts due by the purchaser at the time of the discount.
4 Delivery periods and delivery
The start of the delivery period presupposes the clarification of all technical questions.
Compliance with our delivery obligation requires the timely and proper fulfillment of the obligation of the customer. The defense of breach of contract is reserved.
Our delivery times and dates are adhered to if has left our premises in Bad Bederkesa or our other place of production to its expiry the delivery item .
The delivery time shall be extended to a reasonable extent in measures in the context of labor disputes and in case of unforeseen circumstances which are beyond our control, insofar as such obstacles can be proven to the production or delivery of the delivery item of considerable influence . This is true even if the circumstances occur at . Such circumstances we share the purchaser without delay. These regulations shall apply to delivery . If the execution of the contract for one of the parties unreasonable, they may withdraw from the contract.
With the delivery of the goods to a carrier the risk passes to the purchaser . For the insurance of the goods we provide only on instructions of the Purchaser .
If we produce the goods for the customer , are multi - and short deliveries of up to 10% of the order allowed. In any case, the increase in order quantity to the nearest whole packaging unit is permitted, even if in individual cases an additional quantity of 10 % is exceeded.
5 Payment and settlement
Our invoices are , unless otherwise agreed in writing , payable immediately without deduction.
The agreement of payment terms must be in writing .
Are contested or not legally established counterclaims shall entitle the Buyer to withhold or offset payments.
Upon exceeding the agreed payment terms , we charge interest at the rate of 8 percentage points above the base rate , without the need for a separate reminder .
Becomes apparent after conclusion of the contract , that payment is jeopardized by a lack of customer , the objection of uncertainty is us according to § 321 BGB. In this case, we can provide all of our outstanding claims from the ongoing business relationship with the customer due at the same time .
Due to a factoring agreement , all our demands to the SüdFactoring GmbH Heilbronner Straße 86 , 70191 Stuttgart, transferred . Payments can with discharging effect only to this or to their accounts , Landesbank Baden- Württemberg , account no . 3564 , BLZ 600 500 00 or Postbank Stuttgart , account no . 9323-709 , BLZ 600 100 70 , be made . This does not include claims which arise due to tooling costs and payments that are charged by us to find ways of payment .
6 Retention of title
All delivered goods remain our property ( "Retained Goods") until fulfillment of all claims from the business relationship , for whatever legal reason, including future or conditional claims .
Further processing of the reserved goods shall be for us as a manufacturer within the meaning of § 950 BGB. The processed goods are deemed reserved goods. When connecting and mixing of the reserved goods with other goods by the buyer the ownership of the new property equivalent to the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If our property by combining or mixing , the customer assigns to us now the rightful ownership of the new item in proportion to the invoiced value of the reserved goods and stores it for us without charge . The resulting co-ownership shall be deemed reserved goods .
The buyer may sell the reserved goods in the ordinary course of business under its normal course of business and as long as he is not in default , and then only sell when the receivables from the resale are transferred to us . To dispose of the reserved goods shall not be entitled .
The claims of the purchaser from the resale of the reserved goods shall be assigned to us . They are used to the same extent as our security as the reserved goods . If the reserved goods are resold by the purchaser together with other goods not sold by us , the assignment of the claim from the resale shall only apply to the resale value of the conditional goods actually sold . In the sale of goods in which we have co-ownership , the assignment of the claim in the amount of quota this co-ownership .
The customer is entitled to collect claims from the resale to our revocation at any time . We will revoke this collection authorization only in the event of default by the Purchaser. If we revoke this authorization , the customer is obliged to immediately inform his customers of the assignment to us and give us necessary to collect information and documents.
Of a seizure or other interference by third parties, the purchaser must notify us immediately.
If the value of existing securities exceeds the secured claims by more than 40 per cent , we are obliged, at the request of the customer, to release securities of our choice.
7 Liability for defects
In case of justified complaint we will can eliminate the defect or a defect-free goods ( supplementary performance ) of our choice. In case of failure or refusal of the remedy of the purchaser can reduce the purchase price or , if the defect after a reasonable period of time set by him still exists , withdraw from the contract . Is not the defect is , he is only entitled to a reduction in price .
Expenses in connection with the remedy we assume only if they are appropriate in the individual case , in particular in relation to the purchase price of the goods . Expenses arising from the fact that the goods being transported from the place of delivery to a place we do not accept , unless this corresponds with the contractual use .
The buyer must contact us upon demand the opportunity to convince us of the defect. For this purpose the goods or samples are at our request them return them to us . If not, the buyer can not rely on defects in the goods .
Further claims , especially claims for compensation of damages that are not caused to the goods themselves (consequential damages) , are excluded unless they are based on the intentional or grossly negligent breach of contractual and non-contractual obligations . In addition, our liability is limited to the foreseeable upon conclusion of contract damages .
This limitation of liability does not apply in cases of mandatory liability under the Product Liability Act , in case of injury to life, body or health , and even then not , when and if we have fraudulently concealed defects of the item .
Unless otherwise agreed , contractual claims incurred by the purchaser against us on or in connection with the delivery of the goods , one year after delivery of the goods . This does not affect our liability for intentional and grossly negligent breaches of duty as well as the limitation of legal recourse. In the cases of the period of limitation does not begin to run again .
8 final provisions
German law applies exclusively to all legal relations between us and the customer . Jurisdiction for both parties is Bad Bad Bederkesa .
Referring to the Federal Data Protection Act confidential data on business and scope are stored by us.
The legal invalidity of individual provisions shall not affect the liability of the remaining contract .