| 1. General information
and prices |
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The following General Terms
and Conditions of Supply and Payment apply to our deliveries.
Terms and conditions that derogate from these are only
binding upon us if we have confirmed them in writing.
Customers’ terms and conditions of purchase place
us under no obligation even if we have not explicitly
contradicted them. The prices are ex works plus the statutory
VAT. The prices charged are the those that are valid on
the date of delivery. Shipment / delivery is effected
for the account and at the risk of the customer. |
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| 2. Delivery times |
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The delivery dates stated
by us are approximate. Unforeseen events beyond our control,
such as force majeure, breakdowns, stoppage and lockout,
delayed delivery of materials to us or our subsupplier,
delay the delivery date accordingly. Damage or loss caused
by delay, or the cancellation of an order due to delayed
delivery, are excluded. |
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| 3. Terms of payment |
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Payment of the amounts invoiced
must be made without any loss to the supplier. Cash settlement
within 8 days of issue of the invoice is with an early
payment discount of 2%, cash settlement of the invoice
within 30 days of the invoice date at the net amount.
If payment is delayed, from the 31st day on the customer
must bear the cost of interest and bank charges in full.
These will be charged at 1% above the respective discount
rate of the respective Federal State Central Bank. Bills
of exchange will only be accepted if previously agreed.
They are considered as payment only after they have been
honoured. If at any time during the term of contract it
becomes known to the supplier that the creditworthiness
of the purchaser has become questionable, or if the purchaser
fails to pay due invoices in accordance with the terms
of payment, all accounts receivable of the supplier become
due immediately; this is subject to the right to cancel
current contracts. |
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| 4. Retention
of title |
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The delivered goods remain
the property of the seller until the purchase price has
been paid in full as well as any other debts arising from
the business relationship as a whole. The title is not
transferred until all bills of exchange or cheques given
as payment have been credited to the seller. If the purchaser
fails to meet his obligations, the seller may remove the
goods or dispose of them at his own discretion without
a court ruling. As long as the goods are subject to retention
of title the purchaser may neither pledge the object of
delivery nor assign it by way of security. |
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| 5. Warranty |
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| a) |
If the contract performance
or the object of delivery is defective or if it becomes
defective during the warranty period due to manufacturing
and material defects, at his discretion and to the exclusion
of other claims under warranty on the part of the purchaser,
in particular to the exclusion of any kind of consequential
damages, the seller will provide a replacement or rectification.
Rectification may be carried out several times. |
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| b) |
If after an appropriate period
rectification or replacement delivery fails, the purchaser
has the choice of a reduction in price or cancellation
of the contract. |
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| c) |
Visible defects must be reported
to the seller immediately and at the latest within two
weeks. If the seller so wishes, he must be granted the
opportunity to inspect the reported defects in situ.
Objections about the quantity of the goods delivered must
be made at the latest within 7 days of receipt of the
goods; objections to prices must be raised within 14 days
of receipt of the invoice at the latest. |
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| d) |
If a defect is ascertained,
which the seller is obligated to remedy, and if the goods
are at a place other than the commercial branch or domicile
of the purchaser, the purchaser must bring them to the
branch of the seller to be remedied. The costs thus incurred
shall be borne by the seller. If it is not possible to
move the goods to the commercial branch of the seller
or only at unreasonable cost and effort for the parties
or one of the parties, the duty to remedy must be met
at the place where the goods are located as defined by
the contract.
If, after the seller has made delivery, the goods are
brought to a place other than the relevant branch or domicile
of the purchaser and if that place is located outside
the country (abroad), or elsewhere than the branch or
domicile of the purchaser, the latter must bear the additional
costs thus incurred in order to meet the obligation to
remedy unless removal to a place abroad is in keeping
with the intended use of the object. |
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| e) |
No claim may be made under
warranty if the purchaser has not or has only partially
met his contract obligations, or if alteration or repair
work is carried out on the object subject to complaint
without our consent. |
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f)
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he liability of the seller
to pay compensation for damage or claims that take their
place are limited to infringements of duties on the part
of the seller caused by gross negligence or intent and
infringements caused by gross negligence or intent on
the part of a representative or vicarious agent of the
seller. This restriction does not apply if injury to life,
limb or health has occurred. This restriction also does
not apply if an infringement of important contract obligations
has taken place. |
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| 6. Legal venue
/ applicable law |
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For orderers who are registered
traders, corporate bodies or pubic law funds Memmingen
/Allgäu shall be the agreed legal venue for all claims
arising from the business relationship.
For all disputes arising from the business relationship
it is agreed that German law shall apply. |
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| 7. Validity of
the present terms and conditions |
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The ineffectiveness
of individual provisions of the present terms and conditions
does not cause the remaining provisions or the entire
contract to be ineffective. If any provisions are ineffective
the statutory regulations shall replace them. We reserve
the right to make alterations and amendments. If an order
is placed, it is prerequisite that the aforesaid terms
and conditions are known to and confirmed by the orderer.
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