Terms and Conditions
1. General Terms
All orders are based on the following delivery terms. Any arrangement and verbal commitment is non-binding unless a written confirmation exists.
Prices are also non-binding until they are validated by an order confirmation. This applies to all agreements, including agreements made by our representatives, which also acquire legally binding validity after a written confirmation. We reserve the right to increase prices, if the prices for material, freight or production costs (e.g. wages, energy costs etc.) have increased since tender preparation. Prices are ex-works prices and do not include packaging, freight costs, insurance of transport, unloading and sales tax. Packaging and transport take place at our own discretion, but without engagement on the customer´s account. We will charge the packaging at cost and they will not be taken back.
3. Delivery Terms
Deliveries will take place even freight-free priced on the client´s account and risk. Unless otherwise agreed the delivery are made ex warehouse or ex works at seller´s option. All facts of the seller´s sphere of influence are deemed force majeure, which release the seller of the obligation to deliver for the duration of hindrance respectively finally at his discretion. In this case the client does not have any rights to claim the seller´s rescission. All offers and sales prices as well as delivery terms are non-binding.
Any kind of complaints must immediately be reported or at the latest within 8 days after the receipt of goods. Complaints or defects do not release from the obligation to pay. If the quality of the delivered goods is justifiably objected we will either do an exchange or reimburse the purchase price. Shortfalls are delivered in addition if possible; otherwise the goods will be credited. Further claims are ruled out. In particular we are not liable for damage to property or financial losses neither of the buyer nor its customers. A warranty service for the products, which are produced with the delivered goods, cannot be taken, because we have no influence on the proper use. Any advice is based on conscientious development work and many years of experience. However it is not binding and does not make the customer exempt from examining our products whether they are suitable for the customer´s purpose.
5. Payment Terms
The payment is due 30 days after the invoice date. For payment within 14 days after invoice date 2% discount may be deducted. In case of late payment appropriate default interests respectively the interest rate requested by bank will be charged.
6. Retention of Title
The property of goods passes on to the client if all liabilities arising from the mutual business are fulfilled. We have to be informed immediately if third parties intend to assert a right on the reserved good.
7. Place of Jurisdiction
The court responsible for our company headquarter is the exclusive jurisdiction for consequential damages based on the contractual relationship. We are entitled to take legal action at the court responsible for the client´s company headquarters.
8. Place of Performance
Bottrop is the place of performance for all rights and liabilities of both contracting parties.