Terms of service
Preamble
Our General Terms and Conditions of Sale shall exclusively apply to all
contracts between us and our clients. Any differing conditions or terms of
buyer are herewith objected to and shall not apply. Any agreement affecting
the execution of this contract must be in writing.
Offer and conclusion of contract
Samples and catalogues are to be considered non-binding material for
illustration and/or test purposes, giving only an approximation of properties and
specification.
The weight, volume or gage of the goods measured upon shipment is valid.
Price of the Goods
Prices valid at date of delivery will be applied.
We reserve the right to adapt prices, for confirmed orders as well, to reflect
any increase in our costs, for any reason beyond our control, like force
majeure, shortage of primary material or labor, strikes, official orders,
transportation or similar problems, if this increase happens after confirmation
of order but before delivery of goods.
Our prices are ex works unless stated otherwise and do not include any kind of
taxes.
Terms of Delivery
Confirmed delivery dates are not fixed dates, unless stated otherwise.
We reserve the right to postpone delivery in the case of force majeure for the
duration of the obstruction plus a reasonable period of recuperation. Should
delivery have become impossible by an act beyond our control we reserve the
right to partially or completely rescind the contract.
Strikes, unforeseeable events or interruptions of operations are considered
force majeure, should we have no influence over these events. Failure to
comply by a supplier only gives us the right to rescind the contract, if a
replacement deal was made and failed to comply.
We reserve the right to partial deliveries unless the client has no interest in
them.
Unless failure to comply or delay of delivery was caused by us, our lawful
representatives or auxiliary persons by gross negligence or intentional acts, we
will not be liable for noncompliance. Should we be liable under the terms
aforementioned, liability is limited to damages that occur foreseeable and
typically under the circumstances.
Unless agreed otherwise, delivery is made from the seller's premises. Goods
travel at cost and danger of client, unless agreed otherwise.
Terms of payment
Unless agreed otherwise, our invoices are to be paid immediately upon receipt
of merchandise and invoice. Should client fail to comply within 30 days, he will
automatically be in default of payment. Payment is considered made when it is
at our disposal. Detention of payments or balancing of payments against
claims of buyer against seller is not allowed, unless these claims are
undisputed or legally established. The aforementioned paragraph does not
apply to buyers who are neither entrepreneurs nor statutory persons as
defined by the German Commercial Code.
If buyer fails to make payment by due date, without prejudice to any other right
or remedy available to the seller, we are entitled to charge the buyer interest
on the unpaid amount. Should there be reasons to doubt the solvency or credit standing of the client,
we reserve the right to demand securities or prepayment for any outstanding
delivery or declare immediate maturity of all outstanding claims.
