General conditions of sale
1. General remarks
Our deliveries, services and offers shall be affected solely on the basis of these terms and conditions. Deviating terms and conditions of the customer shall not apply without our express written consent, even if we do not expressly oppose them. The sales conditions shall also applies to all future business relations, Any deviation expressly agreed to from individual provisions of these sales conditions shall not affect the validity of the remaining provisions
2. Offer – quotations
Our quotations are made subject to change without notice. Unless otherwise agreed, our order confirmation shall be decisive for the scope of our contractual performance. The specifications, drawings, illustrations, images, technical data, measurements and performance descriptions in our brochures, description and quotations shall be deemed approximate, unless they are expressly specified as binding. We expressly reserve the right to make any changes to the specification of our products. We reserve property rights to tools and installations. The same shall apply to documents specified as “confidential”. They may only be disclosed to third parties with our express prior consent.
3. Prices – terms of payment
Unless otherwise specified, prices are quoted “ex works” plus the legal percentage of Value Added Tax valid on the invoice date. Payment shall be effected subject to the specified terms of payment. If no terms have been specified, the purchase price shall be payable within 14 days from the invoice date without deductions. If bills of exchange or cheques are accepted in payment due to a prior agreement, any discount and collection expenses, etc., shall be charged to the customer. Bills of exchange and cheques shall only be accepted unaccounted performance. If the customer fails to pay within the payment deadline we shall be entitled to charge interest equalling the rate of usual bank debit interest but at least 8% over the basic interest rate of the invoiced amount. In the event that the production costs of goods or services that are to be delivered or rendered later than 4 months after conclusion of the contract go up by at least 5% due to an increase in raw material prices, we reserve the right to modify the originally agreed prices correspondingly.
4. Terms of delivery – default on delivery
The quoted delivery terms are not fixed deadlines, unless expressly agreed otherwise. We shall be entitled to make part deliveries. All deliveries shall be ex works and travel at the customer’s risk even if carriage-free delivery has been agreed. In the event of strikes, lock-outs, scarcity of power or resources, transport and unavoidable operational disruptions as well as other cases of force majeure, we shall be entitled, at our discretion, to either extend the term of delivery appropriately or to withdraw from the contract in whole or in part. In the case of a default on delivery, for which we are at fault the buyer may withdraw from the contract after expiry of a reasonable grace period to be set by him in writing. Art. 6 shall apply to claims for damages.
The customer shall give us written notice of any defects immediately but no later than within 14 days of receipt of delivery. Written notice of defects that cannot be defected despite careful inspection within this period shall be given to us in writing immediately after they have been defected. If the delivered merchandise is defective at the time of passing of the risk, we shall either deliver a replacement or remedy the product at our discretion. Multiple remedies shall be admissible. If belated performance/remedy fails, the customer – unless otherwise specified by the warranty – shall be entitled at his discretion to either withdraw from the contract or demand a reduction of the purchase price. In the case of a minor violation of the contract, in a particular in the case of minor defects, however, the customer shall have no right of withdrawal. Art. 6 shall be applying to claims for compensation of damages and expenses due to defects. The warranty period for our products shall be 12 months, starting on the date of delivery.
6. Limited liability
For wilful intent and gross negligence on our part and in the case of culpable damages to life, body or health we shall accept liability according to legal regulations. In the case of a violation of important rights and obligations, essential or fundamental contractual or fundamental incidental or protection duties we shall accept liability in the case of simple negligence, limited to typical, immediate and predictable average damages. Any further liability, notwithstanding the legal nature of the raised claim, shall be ruled out. This shall apply in particular to claims for damages in the case of culpability on conclusion of the contract, due to other violations of duties or to tortuous claims for compensation of material damages according to § 823 of the German Civil Code (BGB). Claims of the customer arising from product liability and assumed warranties shall not be affected by limited liability. We shall also be under no liability in the case of violations of duties by our legal representatives and vicarious agents.
7. Reservation of title
We shall retain title to the delivered merchandise until all claims – eve future claims – resulting from our business relations have been settled. To secure our rights, any claims arising to the customer from re-sale of the reserved merchandise to third parties shall already be transferred to us in the amounts charged to the third parties. The direct debit mandate issued to the customer shall expire if the fails to meet his payment obligations in due and proper form. On our request, the customer shall make known to us the parties owing the transferred claims and inform then of the assignment. If the securities exceed our claims to be secured by more than 10%, we shall release any excess securities on demand.
8. Conclusions of contracts
Any agreement with our agents shall require our express written confirmation. This shall apply in particular to orders accepted by the agents.
9. Governing law – official language – jurisdiction
These general conditions of sale and all legal relations between seller and buyer shall be governed solely by the law of the Federal Republic of Germany. The Uniform Law on the International Sale of Goods shall not apply. If these general conditions of sale are disclosed to the customer in another language apart from German, only the German text shall be decisive in the case of translation / interpretation differences. Any translation into another language shall solely serve the purpose of better understanding. The jurisdiction, also for actions on bills or exchange and cheques, for possible disputes with fully qualified merchants, legal persons under public law or public assets shall be – depending on factual jurisdiction – the Local Court of Munich, Bavaria, Germany, or at our discretion, the customer’s general legal venue.