Our GTC – General terms and conditions
We supply only on account of the following contract conditions which the client, upon placing his order, confirms as binding for himself.
- Our offers are always non- binding. Orders and oral collateral agreements are only considered as accepted when they have been confirmed by us in writing.
- and Conditions of the buyer that are deviating from our own Terms and Conditions shall also not apply as having been approved by us if we do not expressly object to them in writng.
Invoicing is in euro. The following shall prevail for the execution of the orders: the prices and the terms of payment that are effective on the day of the delivery. Our prices apply ex works, exclusive shipping, packaging, postage and insurance costs. We deliver supplies from 500 euros of order value upwards at no extra delivery charge.
We will state the delivery times according to our best judgement, without being able to warrant their compliance. An exceeding of the delivery dates does not release the customer from the obligation of the purchase of the product. Claiming for delays remains ruled out under the contract, and so do claims for compensation and the right to rescind because of default with the delivery. Option to deliver is a right which is reserved for us. In case of obstruction due to force majeure, measures imposed by the authorities, operational errors, raw material shortages, riots, strikes, railroad blocks and the like, the delivery deadlines shall be extended accordingly. All deliveries are ex works, at cost and risk of the recipient, even in case of freight-free delivery. For damage and loss sustained during transport, no liability can be assumed. If the customer has given no special shipping instructions, dispatch shall be according to our best judgement, however, without guarantee for the selection of the cheapest freight route.
4. Notification of defects
Any complaints about our products must be objected to prior to their processing and use, in writing and at the latest 8 days after receipt of said products. Insofar as a defective delivery is proven, the claims of the customer are limited to us taking back the goods that are the subject matter of the objection and supply replacements for these or credit the equivalent value. We shall only accept return shipments if they were agreed in writing beforehand.
5. Retention of title
We retain the title reservation to all goods delivered by us up to the complete payment of the purchase price. In addition, the retention of title applies to all receivables from the mutual business transactions, regardless of maturity and the legal grounds of the individual claims. It serves in particular for the securing of the running open current account balance and shall lapse only upon the repayment of all our claims. Should the buyer sell the product delivered, regardless of state, he assigns to us in advance, up to the complete repayment of our receivables from deliveries of goods, any receivables he has towards his buyer from said sale in the full height of his complete invoice amount. At our request, the buyer is obliged to disclose the circumstance of this assignment to his buyers and to give to us any necessary information and documents that are required for the assertion of our rights against his buyers. The buyer must neither pledge the goods under retention of title nor assign them for collateral reasons and shall notify us immediately of any third party seizures of said goods.
6. Terms of payment
The invoice is payable within 8 days with 2% of fast payment discount or within 30 days net from invoice date in case no different being terms of payment are agreed. Drafts and checks are only acccepted under usual reservation and are considered as a payment only after having been cashed. We reserve the rights in each case to make a decision about whether and to what extent drafts and checks are accepted. Before payment of old, already due invoices from former deliveries, no fast payment discount is granted for new invoices. Payments that the buyers makes are used for the repayment of the oldest debts. If, following our confirmation of an order, it turns out that our payment claim status is at risk in our opinion, then we are entitled to require ensuring the prepayment of the purchase price or to withdraw from the contract. Our right of withdrawal is bound to no period. We are entitled to charge normal bank interest rates in case of payment arrears. In cases of default of payment, we are entitled to set the entirety of our receivables to due, returning any draft or check amounts.
7. Place of Performance and Place of Jurisdiction
Place of performance for all claims under the contractual relationship is Paderborn, exclusive place of jurisdiction for all disputes between the parties arising from the contract is Paderborn. If , by way of special written agreement or for other reasons, the preceding provisions are amended in individual aspects or if they are ineffective, the validity of the remaining provisions shall not be affected by this.
8. Amendment provisions for orders executed according to drawings, specifications, samples etc.
- As far as we deliver according to drawings, specifications, samples, etc. these are only binding for us insofar as thier outer shape and technical implementation is concerned. The data defined in the respective DIN sheets shall apply for dimensions. Decisive for the quality shall be the final design samples that we have presented for inspection prior to delivery. The unconditional approval of the final design samples by the customer excludes later defects complaints, insofar as the delivered objects comply with the approved final design samples. On the other hand, we assume no responsibility for the intended purpose.
- We reserve the right to fluctuation in terms of quantities of up to 10% above or below the delivery order.
- We retain ownership and copyright of/for our drawings, specifications, samples etc. They must not be made accessible to any thrid parties.
- Moulds and other tools remain our property even if the costs originating for these are a component of the retail price or are refunded in any other manner by the customer.
If we have to deliver according to drawings, specifications, samples etc. of the customer, he or she shall assume liability for the fact that we do not violate any intellectual property rights of third parties. We reserve the right to present products with colour deviations and different surface luster degrees due to the nature of the raw material as well as the in each case material-related tolerances of strength, size and cut.