General terms and conditions of sale
The following terms of delivery apply to old sales concluded at present or in the future, even if the customer prescribes his own terms of purchase and we do not expressly object to them. By concluding a purchase, the buyer tacitly declares that he agrees with our terms and conditions. Deviations from these terms and conditions require our express written approval to be valid and apply only on a case-by-case basis.
1. Offers and acceptance of orders.
Our offers are always subject to change. All contracts and agreements only become binding for us through our written acceptance of order or special order confirmation. Orders once placed are irrevocable.
Non-listed tools or tools with intermediate dimensions are subject to a price surcharge due to production, which must be agreed before the order is placed. If this agreement is not made, or if it is not possible to determine the exact prices, this will be done on the basis of the prime costs incurred with a corresponding profit surcharge.
All prices are EXW Bad Neuenahr and do not include packaging, freight, postage and value insurance, or only by agreement.
Our invoices are payable after 30 days net, if no agreement has been made, without prejudice to the right of notification of defects, excluding offsetting and retention. Payment must also be made if dispatch of the goods is not possible after completion and notification of readiness for dispatch.
We accept bills of exchange as payment only on the basis of a special agreement. Credit notes and bills of exchange for cheques are always valid subject to receipt and without prejudice to earlier maturity of the purchase price in the event of default on the part of the customer; they are made with the value date of the day on which we can dispose of the equivalent value. When accepting bills of exchange, we charge costs, stamp duty and interest up to the due date at the respective discount rate of private banks.
In the event of default of payment, we shall charge interest at a rate of at least 2% above the respective discount rate of our state central bank. Non-compliance with the terms of payment or circumstances which become known to us after the respective conclusion of the contract and which are suitable to reduce the creditworthiness of the customer, result in the immediate maturity of all our claims, regardless of the term of any bills of exchange accepted. Furthermore, they entitle us to make outstanding deliveries only against advance payment or provision of security, as well as to withdraw from the contract after a reasonable period of grace or to claim damages for non-performance, without prejudice to the right to take back goods delivered under reservation of title.
3. Delivery time.
For each order, the delivery time is determined by us taking into account the circumstances prevailing at the time of receipt of the order.
The stated delivery times are not binding. The delivery time shall be deemed to have been observed upon notification of readiness for dispatch if dispatch of the goods is impossible through no fault of our own.
The agreed delivery time shall be extended - without prejudice to our rights arising from default on the part of the buyer - by the period during which the buyer is in default with his obligations under this or any other contract. The buyer may not reject partial deliveries. In the absence of a special agreement, any exceeding of the delivery time does not entitle the buyer to withdraw from the purchase contract or to claim damages.
The dispatch is at the risk of the buyer. Goods lost or damaged in transit will be replaced by us on the basis of a new order against payment of the applicable prices.
Deviations from the delivery note or the invoice must be reported to us in writing immediately after receipt of the goods. The weight is bindingly determined for both parties at our warehouse.
Dispatch routes, transport and means of protection (these against payment) are reserved in the absence of corresponding instructions of our choice, excluding any liability.
5. Retention of title.
We expressly reserve the ownership of all goods delivered by us as well as of any new objects resulting from the treatment and processing of the delivered goods. The pledging of the transfer by way of security is prohibited for the buyer. The buyer must inform us immediately of any seizure or any other impairment of our rights by third parties.
Ownership is only transferred to the buyer when he has paid all his liabilities from our delivery of goods. This also applies if the purchase price for certain goods deliveries designated by the customer has been paid.
The buyer may only resell the delivered goods and the items resulting from the processing and treatment in the ordinary course of business. He hereby assigns to us all claims against his customers to which he is entitled from the resale or on any other legal grounds, together with all ancillary rights, as security for our claims. He is authorised to collect the assigned claims as long as he duly meets his payment obligations to us.
With regard to the assignment for the seller, the buyer shall immediately transfer to us any amounts collected on his behalf, insofar as our claims are due.
The buyer is obliged to insure the delivered goods or the new objects resulting from the delivered goods against the risk of fire and theft and to provide us with proof of the conclusion of insurance on our request.
The treatment and processing of the goods delivered by us is always carried out on our behalf without any liabilities arising for us. If the goods delivered by us are mixed or combined with other objects, the buyer assigns to us already now his right of ownership or co-ownership of the mixed stock or the new objects and keeps them in safe custody for us with commercial care.
Complaints must be made in writing by the buyer within 14 days of receipt of the goods at the destination. Defects which cannot be discovered within this period even after careful inspection must be notified immediately upon discovery and processing must be stopped immediately, but no later than 6 weeks after receipt of the goods.
We assume the following warranty for hard metals and tools: Pieces with perfectly proven, unmistakable material or manufacturing defects, which exclude the usability, we take back at our choice either at the calculated price, or we eliminate the defects by subsequent treatment free of charge, or we replace the rejected pieces free of charge by new delivery. The unsuitable pieces are to be returned to us and the defects in the material complained about are to be proven in the state of delivery. In the event of unjustified notices of defects which cause extensive subsequent inspections, the costs of the inspection can be charged to the customer.
7. place of performance for all obligations of the buyer and place of jurisdiction for all disputes, also for actions on bills of exchange, is 53474 Bad Neuenahr-Ahrweiler. However, we are also entitled to assert our claims before any foreign courts that may be applicable. The jurisdiction of the court of 53474 Bad Neuenahr-Ahrweiler is expressly agreed for the dunning procedure.
Errors excepted and adjustments possible