Our deliveries and services are subject to the following General Terms and Conditions even if we do not refer to them in individual cases. The validity of the General Conditions can only be wholly or partially excluded with express written agreement in connection with an individual business transaction. General Terms and Conditions of the purchaser, in particular conditions of sale, have no validity for our deliveries and services. They do not oblige us in any way if we do not object to them in individual cases; we hereby object to and reject them. These General Terms and Conditions of Delivery and Sale are considered as recognized, at the latest, with acceptance of the goods or services.
1. Our offers are subject to change even though they are issued on request of the purchaser. A legally binding contractual relationship only exists with the purchaser if we have confirmed the contract in writing, which can also be made by fax, in a computer-written manner without a signature or by e-mail; the same applies to contract amendments or supplements.
Our written order confirmation is controlling for the scope, type and time of delivery.
2. We reserve the right to change the design of our products and their execution. Our catalog and presentation of our products on the Internet are constantly revised. The illustrations and drawings that it contains are not binding or part of the agreed quality. They do not guarantee the durability nor the quality.
3. The documents belonging to the offer, such as drawings, data sheets, pictures, plans, files, etc., are only approximations unless they are expressly designated as binding. The documents remain our property; we reserve all rights to them. They may not be disclosed to third parties and are to be returned to us immediately upon request at any time.
4. Call orders must be retrieved and accepted in a timely manner and in agreed partial quantities. For call orders without an agreement concerning timeframes, manufacturing quantities and acceptance dates, we may demand a binding commitment no later than three months after order confirmation. If the purchaser does not comply with this request within three weeks, we are entitled to set a two-week grace period and to withdraw from the contract after fruitless expiry or cancel the delivery and demand compensation for damages.
If the contractual quantity is exceeded by individual requests, we are entitled to deliver the surplus, but not required to do so. We can calculate the surplus using the prices valid at the time of order or supply.
1. The prices are in EUROS. The statutory sales tax is additionally provided in the respectively applicable amount on the invoice.
2. Prices for domestic deliveries ex works are uninsured and exclude packaging. This also applies for international deliveries, which include transportation to the German border or FOB to a German airport or seaport, including export packaging and transport insurance.
3. Markups and recalculations on the agreed fee are permitted if our circumstances, e.g., increases in material costs, wages or energy costs, increases in public expense, etc., should require this, and if delivery or performance is to be made later than four months after conclusion of the contract. In the case of other price increases, the purchaser has a right of withdrawal if the list price has risen considerably more than the general cost of living. Deliveries from subsequent orders that occur after the date of any price change will be charged at the new prices without the purchaser having a right of withdrawal.
1. The delivery period begins with the sending of the order confirmation, however not before clarification of all details of order execution and not before receipt of an agreed-upon advance payment or provision of material. The delivery deadline is met if the delivery item has been dispatched or collected for shipping before its expiry, or if a notification concerning readiness for shipment is sent in the event that the dispatch does not take place at no fault of our own.
2. Force majeure and other events not caused by us that allow for a smooth execution of the contract in question, in particular delays in delivery on the part of our supplier, transport and operational disturbances, labor disputes, material or energy shortages, entitle us to rescind the contract in whole or in part or to postpone delivery without the purchaser having the right to make any claims for compensation. The purchaser may demand an explanation from us concerning whether we will withdraw from the contract or whether we want to fulfill the contract within a reasonable period of time. If we do not provide an explanation, the purchaser may withdraw from the contract.
The aforementioned events or circumstances are not our responsibility if they occur during an already existing delivery delay.
3. In case of a delay in delivery for which we are not at fault, we are to be given a reasonable grace period. After this period, the purchaser may demand compensation for damages and/or withdraw from the contract if no notification is provided that the goods are ready to ship or have been dispatched. Right of withdrawal does not exist if we are not responsible for the delay in delivery, i.e., exceeding the delivery deadline.
4.The purchaser is only entitled to claims for damages instead of performance if the cause of damage is due to intent or gross negligence on our part. This does not apply if there is a transaction for delivery by a fixed date.
5. Delivery obligations and deadlines are suspended as long as the purchaser is in delay concerning acceptance of the goods or other obligations, without our rights arising from the delay in performance by the purchaser being affected, or if the purchaser has exceeded the credit limit granted by us. In this case, the risk of accidental loss or accidental deterioration of the delivery item passes to the purchaser at the moment in which the purchaser is in delay in performance.
6. The originally agreed delivery date is nullified if there is a change to the order with our written consent.
7. Reasonable partial deliveries as well as deviations (max. +/-10%) from the order quantity are allowed, taking into account what is reasonable for the purchaser.
8. Weight and quantity of the goods delivered, as we have determined them, are controlling for the calculation.
9.To enable the purchaser to track the products supplied as well as a constant continuous, gapless batch tracking of all components used, we have implemented SAP-controlled batch tracking. Our system generates a unique number for the ordered quantity of goods. All date codes for a batch are recorded by us and allow unambiguous identification of the components supplied. A batch/delivery supplied by us to the purchaser can include multiple date codes.
1. Shipping is done from a location to be determined by us at the expense and risk of the purchaser.
2. We choose the packaging, shipping method and shipping method at our own discretion if the purchaser does not make special requests. Additional costs for special requests made by the purchaser are paid for by the purchaser. We assume no obligation to choose the least-expensive method of shipping.
3. If shipment or delivery is delayed upon request of the purchaser, we are entitled to set a reasonable acceptance deadline and to demand both immediate acceptance and compensation for damage caused by delay after the fruitless expiry of the reasonable acceptance deadline.
1. Complaints due to incomplete or incorrect delivery or complaints for recognizable defects are to be communicated to us immediately in writing, at the latest however within two weeks after receipt of the goods. Other defects are to be communicated to us immediately in writing, at the latest, however, within two weeks after discovery.
Warranty claims are excluded in the case of complaints that are not communicated on time. When complaints are communicated on time, we are bound to the warranty referred to in Section VII.
2. If there is transport damage, a railway or post office damage assessment or such from a forwarder is to be provided to us by the purchaser.
3. Defects being present in only part of the delivered goods does not entitle the purchaser to complain about the whole delivery unless the partial delivery is of no interest for the purchaser.
1. In case of defects in the delivered goods, we are entitled, at our discretion, to eliminate the defect or supply a replacement within a warranty period of 12 (twelve) months. This does not apply insofar as the law necessarily prescribes longer periods. In the case that defects must be corrected, we are obliged to bear the expenses necessary for the correction of defects according to the statutory regulations insofar as these costs are not increased by the fact that the goods have been transported to a place other than the place of performance.
2.The purchaser shall grant us sufficient time and opportunity, at our reasonable discretion, to remedy the defect. Replaced parts become our property.
3. If supplementary performance fails, we shall allow a reasonable grace period granted to us to elapse without redelivering or fixing the defect or if subsequent fulfillment is impossible or is refused by us, the purchaser has the right to withdraw from the contract or to a reduction in price as well as in the case that we fail to provide subsequent performance.
4. The warranty does not apply to defects and/or damage due to natural wear and tear nor to defects and/or damages incurred as a result of faulty or negligent handling, excessive strain, unsuitable use, incorrect handling, etc. nor to such influences not specified in the contract insofar as we are not at fault for the damage.
5. The warranty claim cannot be transferred to a third party without our consent.
6. If the purchaser or a third party makes improper changes and repairs to the delivery items, we are not liable for resulting defects.
7. For essential third-party products, our liability is limited to the assignment of the warranty claims, which we have against the supplier of the third-party product, unless satisfaction from the assigned rights fails or the assigned claim cannot be enforced for other reasons.
8. Any further claims of the purchaser against us, no matter for whatever legal reasons, in particular a claim for compensation for damages not caused to or present on the delivered goods (e.g., lost profits, consequential, other pecuniary losses) are excluded unless otherwise regulated below. This exemption from liability does not apply if we are specifically liable due to intent, gross negligence or the promise of a guarantee, or an essential contractual obligation is violated, or there is injury to body, life and health.
In the case of negligence, but not gross negligence, our liability is limited to the typical, foreseeable damages.
9. The foregoing provisions correspondingly apply to the delivery of to items other than the actual contract goods.
1. The exclusion and limitation of our liability for damages, as stipulated in Section VII. 8, apply mutatis mutandis in all cases of liability for damages due to the violation of duties arising from contractual or similar legal obligations and from illegal actions. Claims pursuant to Subsection 1, 4 of the Product Liability Law as well as claims due to obstruction at the time of contract fulfillment or justified impossibility remain unaffected from the aforementioned exclusion. This exemption from liability does not apply if we are specifically liable due to intent, gross negligence or the promise of a guarantee or a material contractual obligation is violated as well as in the case of injury to body, life or health.
2. If our liability for damages is excluded or limited, this also applies to the personal liability of our institutions/committees, employees and vicarious agents.
3. The claims of the purchaser referred to in Paragraph 1 expire in 24 (twenty-four) months, counting from the end of the year of the transfer of risk. If the statutory limitation period is shorter than 24 months, this period shall then apply for the relevant claims of the purchaser. The shortening of the period of limitation does not apply to claims arising from illegal activity or product liability.
4. The statutory provisions governing the burden of proof remain unaffected.