General terms and conditions
1. General
Our sales conditions apply only to companies i. S. of § 310 Abs. 1 BGB and in the case of permanent business relationships also for future business, for which no express reference is made to them, provided that they have been received by the customer in an order previously confirmed by us. If individual provisions are or become ineffective, see the remaining provisions are not affected by this.
2. Offer
Our offer is subject to change; contractual binding only arises with the receipt of our written order confirmation. Our offer does not represent an assurance of the goods offered for a specific purpose. To determine whether the goods offered must be suitable for a specific purpose, the customer carries out trials, unless we have expressly confirmed their suitability in writing. The offer is valid for 4 weeks.
3. Order
An order is only considered accepted if we have confirmed it in writing. Verbal and telephone agreements are not valid unless we have confirmed them in writing. Only the information in our written order confirmation is decisive for the scope of our delivery obligations. Subsequent requests for changes by the customer are only binding for us with our written confirmation; we reserve the right to charge a surcharge.
4. Prices
Our prices are net prices and are valid ex works excluding freight, customs, additional import duties and packaging, plus VAT.If the contract is increased or reduced, duties or charges affecting the movement of goods (e.g. customs duties, freight, taxes) are what we are entitled to corresponding price adjustments if these changed costs were not foreseeable at the time the contract was concluded. The same applies to the unpredictability of wage increases and the changes in prices of upstream suppliers that come into force after the contract is concluded. For new orders (= follow-up orders) we are not bound to previous prices.
5. Delivery times
Delivery times are given in weekdays. The delivery period is met if the readiness for dispatch has been communicated by the end of the delivery or if the delivery item has left the factory. Delivery periods begin after receipt of all documents required for the execution of the order, the down payment and the timely provision of materials, insofar as these have been agreed. The delivery period is extended for measures in the context of industrial disputes, in particular strikes and lockouts, as well as for the occurrence of unforeseen obstacles that are beyond our control, e.g. B. operational disruptions, delays in the delivery of essential materials, insofar as such obstacles can be shown to have a significant influence on the delivery of the delivery item. The delivery period is extended according to the duration of such measures and obstacles. If the resulting delays exceed the period of six weeks, both parties are entitled to withdraw from the contract with regard to the scope of services concerned. There are no other claims. If the customer sets us a reasonable deadline with a threat of refusal after we are in default, he is entitled to withdraw from the contract after this grace period has expired without result. The customer is only entitled to compensation claims for non-performance in the amount of the foreseeable damage if the delay is based on intent or gross negligence. In the event of simple negligence, liability for damages is limited to a maximum of 5% of that part of the delivery that was not carried out in accordance with the contract. Our obligation to deliver is suspended as long as the buyer is in arrears with a liability.
6. Acceptance obligation
The buyer must call up goods that are reported ready for dispatch immediately. Otherwise, we are entitled to store them at the buyer’s expense and risk at our own discretion. In the case of call orders without agreement on the term, production lot sizes and acceptance dates, we can request a binding determination of this at the latest three months after confirmation of the order. If the customer does not comply with this request within three weeks, or if the customer does not accept the ordered goods despite setting a deadline, we are entitled to set a two-week grace period and to withdraw from the contract after the expiry or to refuse the delivery and to claim compensation for non-performance .
7. Deviations and weights
The scope of delivery is determined exclusively by our written order confirmation. The unit of measure determined by us is decisive for billing and payment. Deviations in the quantity of goods ordered are also permitted up to + 5% and for custom-made products up to + 10%. Customary deviations of the goods in quality, dimensional accuracy and color are reserved.
8. Shipping
The dispatch takes place without exception according to Incoterms 2010 as EXW. Unless otherwise agreed, we choose packaging, shipping method and shipping route as best we can. In the event of delays in dispatch for which the customer is responsible, the risk passes as soon as the readiness for dispatch is communicated. At the customer’s written request, the goods will be insured against storage, breakage and fire damage at his own expense.
9. Assurance and liability for defects
Decisive for the quality and execution of the products are the failure samples, which we can present to the customer for inspection upon request. The assurance of certain properties of the delivery item and for the performance of molds and tools requires the written form in the order confirmation. The reference to technical standards serves to describe the performance. We are not liable for any non-suitability of the goods for the purpose determined by the buyer. Even if we have advised the customer, we are only liable for the functionality and suitability of the delivery item with an express written assurance. To determine whether the goods are suitable for a specific purpose, the customer must carry out trials, unless we have expressly confirmed their suitability in writing. We will not compensate for any damage caused by further processing of the goods. The customer loses all warranty claims if he does not meet his inspection and complaint obligations. Noticeable defects must be reported within six days of receipt of the goods. Hidden defects must be reported at the latest eight days after discovery. In both cases, unless otherwise agreed, all claims for defects expire twelve months after the transfer of risk. Insofar as the law prescribes longer deadlines, these apply. The guarantee is excluded in the event of unsuitable, improper use and storage, incorrect assembly, improper commissioning of the delivery item by customers or third parties, natural wear and tear, excessive use, unsuitable equipment or other damage-causing influences that are not attributable to our fault. Wear and tear due to contractual use do not result in any warranty claims. If there is a defect in the purchased item for which we are responsible, the customer must set us a deadline for subsequent performance in order to assert his rights. We are entitled to choose to remedy the defect or to deliver a replacement. If we are not ready for the supplementary performance or are in a position to do so, in particular this is delayed beyond the set period for reasons for which we are responsible, or if rectification fails despite repeated attempts, the customer is entitled to the right to withdraw or a reduction. Further claims, in particular claims for reimbursement of expenses or claims for damages due to defects or consequential damages, only exist within the framework of the provisions of section 10. Replaced parts are to be returned to us free of charge on request.