Order
An order is valid through our written confirmation. In case of delivery without this written confirmation, the invoice is also to be considered as order confirmation.
Validity
Quotations without statement of term automatically lose their validity after a period of 30 days.
Delivery
Our prices are without engagement and are to be understood ex works Schwerte / Germany, packaging, carriage, insurance and any other charges excluded. Consignments for export are delivered according to individual agreements on resp. request. The transportation risk is covered by our insurance. We reserve the right to increase prices in case of raising material costs, higher wages etc. arising during the execution of an order. The goods are dispatched at our best discretion if no special instructions are given. No responsability is assumed regarding the observation of foreign customs regulations and other.
Packing
Alternatively in containers, cades, bags or cardboard boxes. Packing is charged at cost price and not taken back.
Payment
2% discount for payment within 14 days from date of invoice, net cash for payment within 30 days from date of invoice. Special arrangements may be agreed upon. In case of default or missing of payment dates interest will be charged at the rates currently charged by the banks for credit, but at least 3 % above the current reference interest rate of the European Central Bank. Special terms for export deliveries by arrangement.
Retention of Title
All goods delivered remain our property (conditional goods) until all demands which either already exist or which come to exist have been settled, even if payment has been made against specifically identified claims.
In the case of current accounts, the reserved ownership serves as a security for the balance of our claims (current account reservation). Repossession of the delivered goods on our part does not represent a withdrawal from the contract unless we have explicitly declared such a withdrawal in writing.
Through the processing, incorporation or mixing of the conditional goods with other goods on the customers part, a joint ownership in the new object shall accrue to us in proportion to the invoice value of the conditional goods as compared with the invoice value of the other goods used. The customer is entitled to sell the delivered goods through normal business channels. He nevertheless now assigns to us all claims against his buyer or against third parties up to the level of the final which may accure to him as a result of the resale. They serve to the same extent as the conditional goods as security for our claims.
The customer is entitled to collect against these claims even after they have been assigned. Our authorisation to collect against these claims ourselves is not hereby affected; nevertheless we agree not to collect the claims ourselves, as long as the customer correctly fulfils his duties of payment and does not fall into arrears. If the conditional goods are disposed together with other goods, the claims arising therefrom are assigned to us in proportion to the invoice value of the conditional goods as compared with the invoice of the other goods. We agree to release the securities to which we are entitled at the buyers request, to the extent that their value exceeds that of the claims to be secured, as far as these are not yet settled, by more than 20%.
Time of Delivery
Is given at our discretion and without engagement. We reserve the right to deliver only a part of the goods and to withdraw from the delivery obligation in case of need if occurrences take place or it becomes impossible to procure the necessary raw materials or manpower. We reserve the right to deliver surplus or short deliveries +/- 5% to 10%.
Objections
Are only acceptable within 8 days from receipt of goods and can no more be considered later on. In case of justified complaints, we provide replacement free of charge as part of normal and valid warranty. Further claims and follow-loads, the remuneration of working time etc. can not be borne by us.
We levy a handling fee amounting to 15 % of net value of the goods, at a minimum of Euro 10,00 for return shipments not due fault on our part, and delivery to the customer has been made not longer than one year.
Ex works return shipments not caused by our fault are generally not accepted. For return shipments caused by our fault we arrange the shipment after customers information. Arising costs by another carrying out are generally not accepted from us.
Product Modifications
We reserve the right to modify our products without information in advance, to change technical features, design or spare parts.
Setting-place and venue
D-58239 Schwerte / Germany.
Secondary agreements
Are only valid if confirmed by us written.
Order
By placing the order, the customer declares his agreement with the above terms of delivery and payment.
Should individual provisions in these terms or supply and payment be or become either wholy or partially inoperative or invalid, the parties of the contract are obliged to agree to a new provision which to the greatest extent fulfils the sense of the inoperative or invalid provision.
In case of translation into other languages, the German version of terms and conditions is the only legally binding version.