General Terms and Conditions

1. general information

1.1 Our General Terms and Conditions of Delivery apply to all contracts. deliveries and other services including consultancy services and information.
1.2 They shall also apply to all future contracts with the customer and to future deliveries and other services to be rendered to the customer.

2.0 Offer, conclusion of contract

2.1 Our offers are non-binding.
2.2 Orders placed with us, amendments and additions to the contract and ancillary agreements must be made in writing. However, the contract is also concluded if we fulfil the written or verbal order.
2.3 All declarations made by our employees and agreements made with them require our written confirmation. This also applies in particular to the specification of quality or durability guarantees.
2.4 Drawings, technical specifications and other performance data are only binding if this is expressly agreed in writing. We reserve the right to make reasonable design changes at any time.

3. pricing, prices

3.1 All prices are quoted in EURO ex works excluding packaging, loading, freight and assembly plus the applicable VAT.
3.2 We charge the prices applicable on the day of delivery or performance.

4. payment

4.1 Only authorised representatives of our company with written collection authorisation are entitled to collect money.
4.2 Agreed payment deadlines shall only be deemed to have been met if the amount to be paid is available to us on the due date.
4.3 If the customer is in default of payment, we shall be entitled to charge interest on arrears at the statutory rate. We reserve the right to claim further damages.
4.4 Complaints do not entitle the customer to exceed the payment deadlines. Offsetting against unrecognised or not legally established counterclaims of the customer is excluded.
4.5 Notwithstanding any provisions of the customer to the contrary, we shall be entitled to set off payments first against any outstanding liabilities from previously concluded contracts, whereby any costs and interest incurred shall be set off first and then against the principal claim.

5. partial deliveries, excess and short deliveries

5.1 We are authorised to make reasonable partial deliveries, which we can invoice immediately. Any quantity discount agreements remain unaffected.
5.2 In the case of customised products, excess or short deliveries of up to 10% are permissible and will be taken into account in the invoice.

6. transfer of risk

6.1 The risk shall pass to the customer as soon as the goods have left our factory or warehouse.
6.2 If dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch.

7. delivery period

7.1 Delivery periods shall be extended appropriately in the event of unforeseeable obstacles that are beyond our control, such as strikes, lockouts, operational disruptions. Delays in the delivery of primary materials, irrespective of whether these obstacles occur at our premises or those of our suppliers. We shall not be responsible for such circumstances even if we are already in default.

8. reservation of title

8.1 The items delivered by us shall remain our property until all our current claims against the customer, as well as future claims, insofar as they are related to the delivered items, have been fulfilled.
8.2 The customer is entitled to resell the delivery items (goods subject to retention of title) owned by us in the ordinary course of business. However, he hereby assigns to us all claims arising from this sale, irrespective of whether the reserved goods are resold before or after processing or whether or not they are combined with real estate or movable property. If the reserved goods are resold after processing or together with other goods that do not belong to us, or if they are combined with real estate or movable property, the customer’s claim against his customers shall be deemed assigned to us in the amount of the delivery prices agreed between the customer and us for the reserved goods.
8.3 The customer is authorised to collect these claims even after the assignment to us. Our authorisation to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as the customer duly fulfils his payment obligations. If the customer makes use of the authorisation to collect, we shall be entitled to the collected proceeds in the amount of the delivery price agreed between the customer and us for the reserved goods.
8.4 We undertake to release the securities to which we are entitled on request to the extent that their value exceeds the value of the securities to be secured. receivables, insofar as these have not yet been settled, by more than 20%.
8.5 If we accept bills of exchange as a means of payment, our retention of title shall continue to exist until it is established that we can no longer be held liable under this bill of exchange.