All supply contracts are concluded exclusively to the subsequent conditions, even if not expressly referred to in the future. When placing the order, the buyer accepts these conditions. Deviations and conditions contracting to our sales and delivery conditions will only become part of the contract if expressly accepted by us in writing.
Even if we accept differing sales and delivery conditions, the undermentioned point regarding the reservation of title remains inalterable. Furthermore in case of warranty we can only be hold liable for damages on the delivered goods itself and cannot accept further claims, unless they have been caused by intention or by gross negligence.
Offer and Conclusion of Contract
Our quotations are non-binding regarding price and delivery time. The orders will only be valid if confirmed by us in writing or delivery takes place implicity.
This is valid as well if the order has been placed with a representative or subsidiary company.
Our prices are ex works Kötz, packaging and loading excluded. Our prices are based on the present cost factors. We retain the right to price corrections in case the cost factors change until the delivery time. Value add. Tax will be debited and set out seperately. Packaging will only be taken back and remunerated if specially agreed to.
Volume and delivery: For the volume of the delivery our written confirmation is decisive. Other agreements or changes need a written confirmation from us.
All types of drawing and calculations left to the purchaser for the fulfilment of the order remain our property and have to be returned to us after the execution of the order. It is nor allowed to hand them over to third parties neither to inform them.
Payments are to be made free of any charges for the supplier. Our invoices are payable within 30 days from the invoice date without any deduction, unless other payment conditions were agreed. When exceeding the payment terms from the 31st day upon invoice date 5% interest of arrears above the respective Federal Bank Discount Rate will be charged, without a delay having to be specially laid down in writing. The invoicing of further damages an arrears (due to delays) is herewith not excluded.
In case of instalment payments on the purchase price, the total amount becomes due immediately in case on non-keeping on payment term.
The purchaser’s payments shall not be set off or withheld on account of any counter claims including warranty rights. If we learn of conditions later on that will lessen the creditworthiness of the purchaser, we are entitled to ask for the full amount of the claims disregarding any accepted draft. In this case we are furthermore entitled to deliver only against advance payment or other payment guarantees or withdraw from the order agreement after an appropriate extension of time or claim damages for failure of performance. We are not obligated to accept drafts. In case of such acceptance this is done only with all rights reserved and against payment of all costs connected therewith.
Delivery Time: unless other conditions have been agreed
The stated delivery time is non-binding. It starts as soon as all performance details are clarified and purchaser-wise all requirements are fulfilled. Claims for damages due to non-performance or due to untimely delivery are excluded.
If we are hindered in a timely fulfilment of the order owing to impairments of the operating run with us or with subcontractors that are inevitable with reasonable negligence, or owing to strikes, the delivery time will be extended reasonably. The purchaser in important cases will be informed as soon as possible of the beginnings and endings of such hindrances. If delivery is made impossible by such hindrances, the obligation for delivery from our part is abolished, excluding all eventual claims for damages. If a special delivery date has been agreed to, this will be postponed accordingly under the mentioned conditions. If delivery is delayed, the purchaser is entitled to fix an extension of the delivery time of tree weeks for series articles or an extension of at least ¼ of the delivery time originally stated for special productions, and to withdraw from the contract after this extension has been expired without any results. Purchaser’s claims due to delayed delivery are not applicable, unless they have been caused by gross faults from our side. For each week of exceeding the delivery date they are limited on a 0,3 % in total, but maximum on a 3% of the value of those parts of the total delivery which cannot be used in time or acc. to the contract due to the delay in delivery. If delivery is delayed at the purchaser’s request, storage charges to the sum of o,5 % of the amount of invoice may be leveled for every month begun, starting one month after report of readiness for dispatch.
Dispatch and Transfer of Risk: unless other conditions have been agreed
Our deliveries are ex works. The risk is transferred at the latest to the purchaser the moment the goods leave the factory, even if goods are transported by us. If dispatch is delayed because the purchaser does not take over the goods within 14 days after having been informed of readiness for dispatch, the transfer of risk will be transferred to the purchaser from this day on.
At request and expense of the purchaser we will close a transport and storage insurance.
Partial shipments are admissible.
The purchaser is bound to accept dispatched items also if they show minor defect.
The purchaser is bound to inspect the goods immediately and claim defects in writing until the second day of their receipt inhouse at the latest. Hidden defects must be reported immediately, latest within seven days of their noticing.
This information must be made by registered letter directly to us and not to our representatives. From the transfer of risk we give six month guarantee on material and function (at one swift cycle) when properly operated. In case our products haven’t gone into operations after the transfer of risk, the guarantee ends 12 month after delivery from our house in Koetz at the latest.
Excluded are consumables as oil, grease, welding-wire-leading-parts, welding torches, hose packages, cable connections placed outside, hand programming units and keyboards.
Claimed parts are to be returned freight-free for our inspection. For shipments into foreign countries all costs, espec. freight-and customs charges both ways, are borne by the purchaser.
We retain the right to also inspect the claimed fault at site and if necessary repair it.
Without or clear consent nothing may be changed at the faulty items; otherwise this will lead to loss of warranty. In case of proven deficiencies we retain the choice to either repair the items free of charges or replace them ex works upon freight-free return of the defective parts. Further claims espec. exchange, reduction and compensation, also in regard to further damage, are excluded.
If samples are made and handed over to the purchaser for examination then we are bound to a shipment corresponding to these prototypes. If samples are elaborated with our machines, we can only be held liable after acceptance of prototypes, that the products of our machines correspond to the samples. We can refuse the removal of defects as long as the purchaser does not fulfil his obligations.
Our liability is not applicable where our operating instructions are not completely met. The burden of proof is with the purchaser. Without our written approval, any responsibility is inapplicable that the delivered products comply with foreign regulations. Warranty claims are statute-barred at the latest three month after refusal of the complaint.
Trial shipment are regarded as firm and accepted as per above conditions, either after termination of agreed trial period when no clearly contradiction written agreement exists or when the goods are returned directly with the termination of the trial period.
Reservation of Title:
We retain the right of ownership of the delivered goods until the fulfilment of all claims from this contract. This also applies to paid prices of certain shipments mentioned be the purchaser. If the purchaser sells the goods before their payment, then he assigns all claims towards his customers on to us until complete payment of the goods. If the goods that are shipped under reserved title are processed furthermore, the new products go immediately into our ownership as a safeguard for our claims. The purchaser is bound to a careful keep and storage of the goods and their turn over upon request. The purchaser may only dispose of the goods in a normal and regular business course, not, however for a pledge or transfer of title. In case the goods delivered by us under reserved title being processed with goods from third parties, mixed or connected, then we have the co-owner-chip in a ratio of the invoiced amount of the goods as sent to the whole amount of all goods used for the production of mixture.
The purchaser is bound to insure all goods sent under reserved title at his cost against fire and theft and prove this upon request. The replacement claims of the purchaser to the insurance company are already now conveyed to us.
In case of delay in payment or payment difficulties we are entitled to reclaim the shipped goods. The taking back is only then considered as withdrawal from the contract, if his is clearly shown to the purchaser in writing. Otherwise the talking back will be considered as securing our claims. All transport- and storage charges will be borne by the purchaser. Same applies to a possible reduction in value and for disassembly costs.
Place of Performance and Competency of Court:
Place of performance for shipments and payments is Koetz/Germany.
Competency of court is Günzburg/Donau. This is applicable as well for cheque and bill of exchange obligations.
In case of one or the other of the above mentioned regulations being legally invalid, the rest of the contract remains binding.
For all deliveries and services the law of the Federal Republic of Germany is applicable only.