I. Offer and Conclusion of Contract
1. Our offers are without obligation.
2. Orders are only accepted when we have confirmed them in writing.
3. Additions, amendments or subsidiary agreements, whether made by telephone or orally, require our written confirmation in order to be effective.
II. Prices and Payment
1. If not agreed on otherwise, the prices are to be taken as being ex works and without packing.
2. To the prices is added the value-added tax at its current statutory rate.
3. If not agreed on otherwise, payments are to be made in EURO free of charge to our bank accounts.
4. Bills of exchange are generally not accepted; exceptions require prior agreement.
5. The acceptance of bills of exchange and cheques are only made to facilitate payment; the costs of discounting and collection are to be borne by the customer. We are not liable for any bills of exchange which are not presented in time or for any failure to have a bill of exchange protested.
6. The customer is not entitled to retain payment due to counter claims which were not accepted by us. The customer can only set off claims which are undisputed or which have been finally assessed.
7. In case the solvency of the customer is reasonably doubted, we reserve the right to demand an advance payment or the deposit of a security or to withdraw from the contract if the customer fails to observe the time limit set for such payments.
III. Delivery Period
1. The delivery period starts with the sending of the order confirmation, but not before having received the downpayment.
2. The delivery period is observed when the goods have left our works or the customer has been informed that the goods are ready for dispatch within the said period.
3. The delivery period is adequately extended if the nonobservance is due to mobilisation, war, riot, strike, lockout or other unforeseen impediments which are outside our control. This also applies if these circumstances affect subcontractors. We are also not responsible for the above mentioned circumstances if they occur during an already existing delay. In important cases we will inform the customer as soon as possible of the beginning and end of such impediments.
4. Partial shipments are permitted.
IV. Transfer of Risk and Acceptance
1. The risk will pass to the customer by the latest upon the dispatch of the goods from the works. This is also true for partial shipments or if we have agreed to render further services such as taking over the forwarding costs or the transport and installation. Upon the customer’s request we will insure the consignment against theft and damage resulting from breaking, transportation, fire and water, or other insurable risks.
2. The danger of accidental perishing or accidental loss of the goods passes to the Buyer upon transfer to the first carrier the latest. For cross frontier traffic the INCOTERMS in their latest version are applicable
V. Reservation of Ownership
1. We reserve the right to retain ownership of all goods delivered by us until all claims resulting from the business relationship have been completely settled.
2. Pledges or chattel mortgages are inadmissable. In case of a pledge by a third party, we have to be notified immediately.
3. In case of a default in payment, the customer is obligated to return the goods subject to our reservation of ownership, even if we choose not to rescind the contract. In this case, the customer is hereby obliged to irrevocably grant us the right to immediately pick up the goods and to gain unrestricted access to his business and warehouse premises for this purpose. The assertion of our reservation of ownership and seizure of the goods under reservation do not constitute a rescission of contract on our part. Following any seizure of goods under ownership reservation we are entitled to dispose of such goods at our discretion. All proceeds from the disposal of the goods is to be credited against the debts of the customer, less any reasonable disposal costs incurred.
VI. Liability for Defects in Delivery and Service
1. We grant a guarantee of 6 months (3 months for 3-shift operation) starting with the taking into operation. This guarantee comprises assured properties as well as all faults or damages which are demonstrably due to circumstances before the time of the transfer of risks. Especially all parts which are useless or considerably affected in their usefulness due to poor constructions, poor materials or a faulty execution will be repaired or replaced free or charge. Replaced parts become our property. When the delivery of the goods, the installation or the taking into operation is delayed through no fault of us, our liability expires 8 months after readiness for shipment the latest. Our guarantee does not apply to damages or faults caused by a faulty installation, operation or repair, a negligent maintenance, replacement materials, chemical, electro-chemical or electrical influences as long as they are no fault of us.
2. The customer’s right to make a claim comes under the statute of limitations in any case 6 months after the time of the punctual complaint, however, with the expiry of the guarantee period the earliest.
3. The customer is obliged to grant us the opportunity to follow up the complaint, in particular, to make available to us the defective goods and their packaging for our inspection. Refusal to comply shall release us from our warranty commitment. If for reasons of maintaining industrial safety or to avoid excessive damage it should become urgently necessary, the customer is entitled to remedy any defects himself or have a third party remedy the defects ad to demand from us reimbursement for any necessary costs incurred. This also applies if we should be in default with remedying the defects ourselves. In any case, the customer is obligated to inform us without delay.