Our deliveries and services are subject solely and exclusively to the following general terms and conditions of sale and delivery.
Our offers are subject to change. These constitute only a request to the customer to submit a quotation. Technical changes as well as changes and deviations in shape, colour and/or weight are subject to change with reason. Dimensions, weights, illustrations and drawings, including all information and illustrations in brochures and catalogues, shall only be binding if this is expressly agreed. The specified names and specifications represent the state at the time of the offer/ contract and are subject to change unless the changes are fundamental to the fitness of purpose.
§2 Placing of orders
Orders, including those of sales representatives, are deemed accepted until confirmed in writing. Our terms and conditions shall apply to any and all contracts concluded in future, even if their application has not expressly been agreed. These terms and conditions shall be deemed accepted at the latest upon the acceptance of the goods or the service. Orders, contrary terms and conditions shall not apply, even if we have not expressly raised objection to them. Agreements in deviation from, or supplementary to, our general terms and conditions shall be binding only if and when we have agreed in writing to their application. Solvency of the buyer is assumed at the point of purchase. We may withdraw from the contract without any further notice if we receive information which calls the solvency of the buyer into question. We reserve the right to invoice the list prices valid on the day of delivery. As far as the time between the agreed contract and actual delivery do not exceed 4 months, our at the current time of delivery rates may apply. All prices are net prices excluding sales tax and are to be paid at the applicable statutory rate of the buyer.
Delivery are made by invoice and at the risk of the buyer from the warehouse in Hofheim-Wallau or the warehouse of the manufacturer. In case of the delivery at our expense, we reserve the right to choose the shipping type. It is at our own discretion to make partial deliveries, provided it ensures a faster processing. To cancel the contract due to non-compliance of the delivery time, the purchaser is only entitled to withdraw from the contract if the buyer has set us a reasonable grace period of at least 2 weeks, or unless there is a fixed delivery date was has been explicitly agreed upon. The seller is not liable for damages resulting from subsequent delivery if such failure is caused by circumstances beyond the control of the vendor and which cannot be overcome by the vendor using its commercially reasonable efforts, in particular because of shortage of raw materials and energy, disturbances in production or transport, or other cases of force majeure, governmental interference or employment conflicts. In these cases the delivery period is extended to the period of the duration of the hindrance. Damages claims are excluded.
If the seller is liable for damages based on the breach of cardinal obligations, the claim for damages is limited to the amount of the purchase price and the directly resulting damages incurred as a result of the acquisition of the goods.
§4 Notice of defect
Notification of defects shall be submitted to us in writing without delay. We must be in receipt of the notification of defects no later than one week after receipt of the goods. Notification of defects which cannot be discovered within the above time period even when the received goods are carefully inspected shall be submitted to us in writing immediately upon their discovery, but no later than 6 months after receipt of the goods. Warranty claims shall be limited to a right to subsequent improvement or substitute delivery at our discretion. We are also entitled to issue a credit note for the amount of the invoice and to cancel the contract. If the second performance (substitution or improvement) is also defective, the buyer may cancel the contract (rescission) or request reduction of the purchase price. No rights with respect to the other consignments may be asserted due to defective partial deliveries. Any other claims by the buyer, especially damage compensation claims, including lost profits or other pecuniary losses suffered by the buyer, are excluded.
§5 Terms of payment
Invoices will be issued in euros. Our invoices are due and payable, net cash, no later than 14 days after invoice date. We will accept bills of exchange and cheques as payment only if we have expressly agreed to their acceptance and at all times subject to their redemption. Bills of exchange and cheques shall not be deemed payment until they have been redeemed. Standard bank interest rates shall apply upon the acceptance of bills of exchange. If the payment period is exceeded, default interest rates shall be charged in the amount of the current private bank rates, including the bank charges for non-covered credit. Invoiced amounts shall bear interest after maturity been incurred without prior warning at 4% annually over the European Central Bank discount rate. Orders will be performed at freight forwarding freight collect shipments. If payment is delayed, we are no longer obliged, moreover, to further deliveries. Our right to claim damages for delayed payments shall remain unaffected.
§6 Retention of title
The seller shall retain full title of the goods that have been delivered until the Purchaser has discharged all claims arising from the business relationship which shall include any account balance and claims from refinancing or reverse promissory notes. Claims arising through the resale of middlemen shall be fully ceded to us for our insurance.
§7 Place of performance and jurisdiction
The place of performance and jurisdiction for all disputes between the parties arising from the contractual relationship is Frankfurt am Main, Germany. Including litigation concerning deeds, bills of exchange and cheques, provided the client is a merchant or juristic person under public law or constitutes a special fund under public law, or if the client does not have a general place of jurisdiction in the Federal Republic of Germany. The same shall apply if at the time of commencement of a suit the domicile or habitual residence of the customer is unknown. Jurisdiction for an order for payment is Frankfurt am Main. We reserve the right to sue at the headquarter or residence of the buyer. German law is the sole proper law governing any and all contracts. The invalidity of individual terms and conditions do not affect the validity of the remaining terms and conditions.