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Terms and conditions

1. General

Every business is subject to the following sales, delivery and payment conditions. They have priority over any differently phrased conditions of the purchaser.
Contrary agreements are only effective if they are put in written form. The goods are invoiced according to our prices, valid on the day of delivery. In case of price increase between the order confirmation and the date of delivery, the prices valid on the day of delivery will be applied. We sell only to resellers, so that the regulations concerning the sale of consumer goods according to § 474ff are not applicable.

2. Restriction of authority

Our contracting representatives are not authorized to modify the following conditions or our offers by additional verbal agreements. Such agreements have to be put in written. Verbal declarations of our contracting representatives are not legally binding.

3. Payment conditions

Our invoices are to be paid immediately on reception of the goods, without any discount, at the customer's disbursing ofice, under reserve of differently phrased written agreements. In case the purchaser does not pay on the date of delivery, he owes additionally to the invoice amount, 2% interests according to the discount type of the country's central bank. At the same time, the full amount of all outstanding depths by the purchaser, as well as any obligations arising from other business, will be payable at once.
Cheques and drafts are accepted for execution but not in lieu of performance.
Any possible claims do not affect the maturity of the purchasing price. The purchaser has no right to retain or set of on behalf of possible counterclaims. A set of is only allowed, if we have recognized in written the purchaser's counterclaim.

4. Impossibility to deliver

we always try to meet the agreed delivery terms. In case the sold goods are confiscated or in case the delivery is impossible due to sovereign measurements or acts of providence, or if we can prove the fact that our suppliers have failed to deliver us, without any fault ours, we are exempt of our delivery obligations and have the right to postpone it until the elimination of the impediment. If we exceed the delivery for more than 14 days, the purchaser has the right to concede us in written an additional term of 14 days, after the term of expiration the purchaser may cancel the purchasing contract. However, the cancellation will not be valid if the goods have already been left the plant at the moment of cancellation. Further rights are not derivable from an exceeding delivery term.

5. Reservation of proprietary rights

We reserve the proprietary rights regarding the delivered goods, until the full payment of additional charges and any other due costs and obligations derived from other businesses with the purchaser or from any other legal title against the purchaser. In case the purchaser sells the goods before having settled the complete amount, he herewith transfers the obligations arisen of the sale, to us. If the goods are sold together with other objects, for a global price. the part of the total obligation will be transferred to us, which corresponds to the unsettled depths of the purchaser. Before the complete settlement of all payments, the buyer engages himself, not to charge the goods with rights of third parties or any other conveyance transfer. The buyer is obliged to inform us immediately, in case third parties garnish the goods or plead any other rights regarding them. If the occasion arises, the buyer will give us the required clarifications for the protection of our rights and will hand this documentation over to us. All intervention costs will be charged to the buyer. We have the right to discount 20% from the invoice amount for any returned goods. Moreover, the buyer has to substitute any type of depreciation of the delivered goods.

6. Assumption of risks

The purchaser assumes the risks of transport from the factory or warehouse Rhade to the point of delivery. The same norm applies in case of carriage free delivery.

7. Guarantee

If the claims are not excluded, as the purchaser has inspected the merchandise before its transport, we are liable for any defects including any lack of agreed characteristics, and excluding any other rights, as follows. The purchaser has to give written notice of defect within 8 days after the reception of the goods at the place of delivery.
The claimed goods have to be sent to us, carriage free, within the same term. We send them to the primary product supplier for the corresponding guarantee works and return them to the sender, once the necessary works have been carried out. Carriage, packing and travelling costs of technical staff will be charged to the customer. We assume the guarantee for the articles delivered by us, as we receive them from the previous suppliers, for all material damage or manufacture defects.
The guarantee term is 2 years,ex works, subject to a faultless installation. The purchaser has no right of diminution, nor has he any right of cancellation or indemnity compensation for the defects. Our guarantee obligation falls away if the purchaser or a third party has carried out any modifications or reparations of the claimed article without our previous permission. The claims for defects according to the preceding conditions presribe 6 month after the day of risk transfer and at the latest within one month after our written rejection of the complaint of defects. The preceding conditions are also valid for deliveries carried out with a different from the agreed merchandise.

8. Place of jurisdiction

Place of performance and jurisdiction is Zeven, for both contracting partners, provided that both partners are traders or corporate bodies under public law or one of them does not have their place of business within the Federal Republic of Germany. The same is valid for claims concerning bills of exchange, promissory notes and checks, provided that nothing contrary has been established in writing. For the contractual regulations and the business relationship, German law will always be applied. We reserve the right to modify the general terms and conditions. In case of modifications all contractual partners will be explicitly advised about the modified general terms and conditions.
Modifications are considered valid if the contractual partner does not object in written within one week after reception or having the opportunity to get the information.