1. scope of application
1.1 These General Terms and Conditions (GTC) apply to all business relations with our customers (hereinafter referred to as “Buyer”). We shall only recognise terms and conditions that conflict with or deviate from our Terms and Conditions of Business if we expressly agree to their validity in writing.
1.2 These General Terms and Conditions shall also apply to all future business transactions, insofar as these are legal transactions of a related kind.
2. orders & consulting
2.1 We can accept orders within 4 weeks.
2.2 Call orders are concluded for a maximum period of 12 months. When placing an order, the individual call dates and lot sizes must be specified.
2.3 Orders should always be placed in writing. Telephone orders are executed at the risk of the purchaser.
2.4 Any form of verbal or written advice is given to the best of our knowledge and experience. Details and information on the suitability and application of our goods are not binding and do not release the purchaser from the need to carry out his own checks and tests.
3. documents provided
We reserve the property rights and copyrights to all documents provided in connection with the placing of the order, such as drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. If the order is not placed, the entire documents must be returned immediately on request.
4. prices, payments & default of payment
4.1 Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus value added tax at the current rate. Costs for packaging, insurance, delivery, shipping, certificate, translation, attestation and other documentation costs will be shown separately, if and to the extent they are incurred.
4.2 Unless fixed price agreements have been made, we reserve the right to make reasonable price changes due to changes in wage or material costs for deliveries that take place 3 months or more after the conclusion of the contract.
4.3 Payment of the purchase price shall be made exclusively in Euro to the accounts specified in the invoice.
4.4 Unless otherwise agreed in writing, invoices for deliveries of goods are to be paid within 30 days net. Invoices for repair services are to be settled immediately strictly net.
4.5 In the event of late payment, we may charge interest on arrears at a rate of 8% p.a. above the respective base interest rate. We reserve the right to assert higher damages caused by default.
4.6 If it becomes known to us that enforcement measures will be initiated against the customer or that any other deterioration of the customer’s assets will occur, we may also immediately assert claims not yet due. In these cases and if due invoices are not paid despite reminders, we can demand advance payment or security for future deliveries.
4.7 In the case of orders from abroad or deliveries abroad, we reserve the right to make the execution of the contract dependent on a letter of credit from a bank.
4.8 We reserve the right, especially for new customers, to execute orders only against advance payment.
5. rights of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
6. scope of delivery, measuring methods and industrial property rights
6.1 Our order confirmation is decisive for the content and scope of the contract. Partial deliveries are permissible. They shall be considered as fulfilment of independent contracts and shall be paid for separately. For technical production reasons, we reserve the right to make excess or short deliveries to the extent customary in the industry, up to a maximum of 10% of the agreed order quantity. Technical changes which prove necessary for production reasons, for reasons of product care, for legal requirements or for other reasons are permissible. If the purchaser becomes aware of changes, he must inform us immediately if he considers them to be inadmissible.
6.2 For tests in which certain measurement or control values are to apply, the corresponding measurement methods must be determined before the start of delivery and must be recognised by both parties. If no specification is made, our measuring methods shall apply.
6.3 Orders based on drawings, sketches or other information provided to us shall be executed at the risk of the customer. If, as a result of the execution of such orders, we encroach upon third party industrial property rights, the purchaser shall indemnify us against third party claims. Extensive damages shall be borne by the purchaser.
7. delivery time
7.1 The delivery times stated by us are approximate. The beginning of the delivery time stated by us presupposes the punctual and proper fulfilment of the obligations of the customer.