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General, Field of application
1. Our GTB pertain exclusively; any provisions by the purchaser that are contrary to, or deviate from, our GTB are not recognized by us, unless we have expressly consented in writing to such. Our General Terms of Business shall also apply even if we carry out delivery to the customer in the knowledge of the customer's conflicting conditions of business or of customer's conditions which deviate from our General Terms of Business.
Our GTC are also valid for future contracts between us and the customer. For inclusion no separate submission is needed.
1.1. All agreements, concluded between us and the customer, for the purpose of executing this contract, are laid down in this contract. Verbal or telephone agreements are not binding, unless approved in writing.
2. Delivery /Despatch
Delivery will be usually take place with German Post or DPD. Shipping documents as delivery notes and packing slips and the like are to be attached to the shipments. The part numbers and the markings required in the order have to be indicated in all writings.
2.1. Insofar as we arrange for the dispatch, we shall reserve the right to select the means of transport, unless expressly agreed in the order confirmation. The costs for the dispatch will be paid by the customer, as well as the additional costs for a express delivery requested by the customer.
The goods are packed in the conventional manner.
2.2. Delivery time
We will take all efforts, to process your order as soon as possible (normally within 14 workdays). Thank you for your understanding, if the processing might take longer. Many of our products are individually handmade, that in some cases short supply situations can occur.
2.3.Delivery period
The delivery terms shall start on the day of sending the acknowledgement of order and will be complied with if the object of purchase left our works by the end of the delivery term or the readiness for dispatch was announced. In case of delivery ahead of time, its, and not the originally agreed on time, is relevant. In case of force majeure and other unforeseeable, extraordinary circumstances beyond our control – e.g. Material procurement, operational breakdowns, strike, lockouts, lack of means of transport, official orders, difficulties in energy supply etc. – including such events taking place at the pre-supplier or sub-contractor level, our performance times are extended by the amount of time lost due to interferences or their after effects. If the circumstances cited should render delivery impossible or unreasonable, we shall be released from the obligation to deliver.
The unloading of the goods is done on delivery by the customer.
3. Damages in transit
Please report potential losses during transportation or other obvious deficiencies within 7 days. Transport damages can only be recognised, when the recipient is to immediately demand a written explanatory report from the carrier. This also applies despite an undamaged packing
4. Prices
Our prices will be quoted ex works, plus value added tax in compliance with the applicable legal requirements.
The base prices for all products are including normal commercial packing that cannot be taken back.
Orders for which fixed prices have not been agreed upon will be invoiced on the basis of the list prices valid on the day of shipment. If not otherwise stated in our order confirmation, we reserve the right to adjust our prices accordingly if costs are either reduced or increased after conclusion of the agreement in particular of changes in the price of materials, increase of raw material prices, auxiliary material prices, wages and salaries, freight costs public charges. We will prove them on demand. We reserve all proprietary rights and copyrights of estimates, designs, drawings and other documents; these may be made available to third parties only with our express approval. This also applies if the documents are handed out to the customer – no matter on what occasion. The customer is obliged to return them on request and may not be made available to third parties – without our written consent. Copies and conterfeiting are not allowed.
Additional costs arising of the fact that the submitted material does not posses the required normal suitability (e.g. insufficient ability for coating), will be charged separately. |
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5 Payment terms
5.1. If the order confirmation does not specify otherwise, payments must for goods and ancillary services have to be paid in cash within 7 days of receipt of invoice.
5.2. If the delivery or handing over of the goods is made exceptionally without prior order confirmation, the invoice amount is payable immediately and without deduction on delivery i. e. handing over.
5.3. If after conclusion of the contract circumstances come to our attention which raise justified doubts about the Buyer's solvency, e.g. opening of insolvency proceedings, indications for suspension of payments (No fulfilment of payment charges etc.), then we shall be entitled to make our accounts receivable immediately payable and due, regardless of the terms of any bill of exchange or payment terms. In this case we shall be allowed to perform still-outstanding deliveries only upon payment of advance payments or with provision of security.
5.4. All payments will be due and paid in Euro. If the prices in our offer are mentioned in other valuta, for the conversion on payment the official exchange rate of the foreign exchange market in Frankfurt am Main (12:00 CET) is decisive for the day, when the written order confirmation was issued by us.
5.5. Payment by bill of exchange will require our consent; we are not obliged to accept Checks and bills of exchange. If the payment by check or bill of exchange is agreed upon, on our part the acceptance of the bill of exchange or check shall be accepted only as conditional payment; Incidental expenses and costs as well as the risk associated with presentation and filing of protests in due time shall be borne by the customer.
If the buyer defaults on his payment, we are - our other rights notwithstanding - entitled, to withhold consigned deliveries or agreed jobs until all claims have been completely settled.
Partial deliveries
Partial deliveries are permissible. We are entitled to invoice them separately. If partial deliveries are agreed, the customer is committed to make part payments on request to the amount of the sum, according to the value of the partial delivery in proportion to the complete delivery.
Warranty
The customer shall be obligated, to inspect incoming goods with regard to defects. Recognizable defects must be given notice of within eight days non-apparent defects at the latest within three days after appearance. Failure to observe these deadlines will result in exclusion of all warranty claims, unless they are attributable to wilful intent.
Repair or replacement, on the defect parts, without our consent will release us from liability for defects.
Defective goods will be at our discretion, replaced, ore repaired. Costs arising through unjustified complaints have to be paid by the customer.
6. Privacy
For purposes of contract implementation we store personal data. We will treat your data as confidential and will not pass it on to third parties. If you should have any problems or complaints please contact us. We want you to be fully satisfied with our service.
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