Terms of Delivery and Payment
The satisfaction of our customers is our highest priority. Our close personal cooperation with our customers and our mutual trust is the basis of our business relationships. However, also we need to define some points which deviate from or supplement the standard legal regulations for all business transactions with our customers.
We simplify our Terms of Delivery and Payment, taking into account the following supplements to the regulations of German law resp. of the relevant provisions of the EU. We only accept purchasing conditions according to these regulations, even though we may not contradict other order regulations. The buyer acknowledges our Terms of Delivery and Payment. These terms shall also apply to all future business relations, even if they are not explicitly reaffirmed.
Order
Unless agreed otherwise, call orders shall be accepted within 2 months after the expiry of the delivery period specified in the order.
Delivery
For production-related reasons, we reserve the right to make a reasonable excess or short delivery of
+/- 10% compared to the agreed order quantity. We use packaging that can be recycled. For this reason, a return to us is excluded.
Delivery disruptions caused by force majeure or other interference for which we are not responsible suspend our obligation to fulfill the contract without the occurrence of consequences of delay.
Warranty
We guarantee deliveries which have been manufactured and tested in accordance with agreed order and test conditions – if not agreed, in accordance with the state of the art. Should a rework or rejection be required, this must be agreed with us prior to initiation.
In principle, our liability is limited to the invoiced value of the goods. Further claims of the purchaser against us are excluded, in particular claims for compensation of damages which have not occurred to the delivery item itself. The exclusion of liability shall not apply in the case of intent, gross negligence and absence of warranted characteristics.
Custom solutions and adjustments
Special equipment made by us remains in our possession and property as a matter of principle. In the event of cancellation or revocation of an order, the customer shall pay 40% of the order value for the special production as compensation for the costs incurred. The buyer has the right to prove that a lower loss has been incurred and we reserve the right to prove that a higher loss has been incurred.
Terms of payment
Prices are valid for the specified duration or quantity. In the event of extraordinary changes in costs, we are entitled to adjust our prices. This applies in particular to extraordinary changes in our material costs, which we share with our customers in the form of a temporary material cost surcharge (MTZ) on our sales price. The introduction of such a MTZ can take place at any time, will be communicated at least 2 weeks before initial application and will be adjusted on a monthly basis.
Our prices are ex factory, excluding customs, packaging, insurance and postage. Regardless of these conditions, the risk of delivery passes to the buyer when the goods leave the factory.
The term of payment is 30 days after the invoice date. We grant a 2% discount for payment within 10 days. Payments are expected by check or bank transfer. No discount is granted for payments by bill of exchange. In the event of late payment, we reserve the right to charge interest on arrears of at least 2% above the current discount rate.
The goods, even processed ones, remain our property until full payment.
Place of fulfilment, place of jurisdiction
Place of performance for services and payments as well as place of jurisdiction is Bruchsal, Germany.
The contract is exclusively subject to the law of the Federal Republic of Germany. This includes future legal relations. Changes must be in writing.