Our deliveries, services and offers are subjected to the terms and conditions. Confirmations of the customers, with reference to his terms and conditions, are hereby controverted. Variations to the terms and conditions are only operative, if accepted in letter.
Offers in announcements, prospects, price lists, etc. are without obligation and non-binding. Samples, figures, etc. and all information about performance date are only binding, if explicit noted. In particular offers we adhere to the terms hereof, otherwise bound 30 calendar days. All orders and agreements, given verbal or by telephone, are only binding for us if and insofar we confirm them in writing or correspond by sending the goods and invoice. Independent on that, the customer is bound 4 weeks on his order.
All prices are to be understood net without VAT. If the order value is lower that € 400 we will charge € 8.50 for packaging and postage. For shipments on ice packs and dry ice an additional fee of € 21.50 or € 26.00 per box will be charged. Our standard price list is valid at the time of delivery or placing goods at disposal.
In the absence of agreements in writing, scheduled delivery dates are subjected to change and subject to the availability of products. We are always anxious to meet the specified delivery dates. In case that a delivery is delayed by a reason outside of our responsibility we are entitled to postpone the delivery for the duration of the obstruction plus a reasonable run time. If the obstruction takes an inappropriate long time, the purchaser is entitled, after granting a reasonable period of time, to withdraw the unfulfilled part of the contract. We are entitled to make partial deliveries in a reasonable scope for the customer and according to the account, at any time.
The risk changes over to the purchaser once the shipment has been handed out to the currier or has left our facilities for shipping purposes. In case that the shipment is impossible without our fault, the risk passes over to the purchaser by notification for readiness of shipment.
Transit time – if no transit time is stated – the warranty period due to fabrication- or material defects, we provide a replacement or arrange a rectification of the defect in our discretion. The right on a redhibitory action by the purchaser is only given in case, that a replacement or a rectification of the defect is impossible or delayed due to circumstances caused by us or otherwise fails. The purchaser has to notify defects immediately, latest within one week after delivery, by enclosing the delivery note and – as far as possible – a sample.
As far as possible we are liable, except for damage claims under $$ 463, 480, paragraph 2, 635 BGB due to the lack of guaranteed qualities – only in case of intent, gross negligence and cupable violation of contractual obligations and only for damages whose occurrence could be foreseen in the contract. This liability applies to all claims of the customer, for whatever legal reason. If our liability is excluded or limited, this also applies to the personal liability of our employees, representative and agents.
The goods are under our property, as long as the complete purchased price and all settlements of existing claims and / or upcoming receivables regarding to the object of purchase, are paid. The allocation of outstanding debits in a current invoice or to strike a balance and its allowance of a claim do not void the property. In case of a delay in payment of the purchaser, we are entitled, after reminding the payment delay in writing, to take back the goods and the purchaser is obligated to surrender. If the reserved goods are sold by the purchaser, alone or together with not belonging to us goods, the purchaser dispone all upcoming receivable bills occurred by the resale including all ancillary bills. Value of the goods is our invoice amount, plus a security surcharge of 10 %. The security surcharge allots in case that rights of third parties opposed. If the resold goods are under our property, the assignment of the claims extends to the amount, equal to the value of our co-ownership.
The same regulatory come into force for the reservation of title; the assignment in advance extends to the balance claim. The purchaser is only entitled and authorized for a resale of goods under our property in case that the scored profit of the reserved goods does devolve to us. The purchaser is not entitled, especially pledge or transfer of title, to dispose the reserved goods. Under reserving the right of revoke, we entitle the purchaser to collect the informer paragraph mentioned claim. We will not exercise the authorization of collection, as long as the buyer comply his payment obligations. At our request, the buyer shall name the debtors of the assigned claims and notify them of the assignment.
The purchaser has to inform us in case of an execution proceeding in which reserved goods or assigned claims are included. The purchaser must hand out all required documents for an opposition, immediately. With suspension of payment, application or opening of bankruptcy or a judicial or extrajudicial settlement proceeding, the right to resell the reserved goods and the authorization to collect the assigned claims expires. With a check protest the debit authorization expires as well.
In case that the value of the granted securities exceed our claims by more than 15 % we are obligated to reassign or release at that specific amount. By amortization all of our claims, the property of the reserved goods, as well as the assigned claims, do devolve to the buyer.
Our invoices are payable within 30 days from the invoice date. Invoices for services are immediately payable. Payday is the day when we have the payment at our disposal. Without our collusion payments, notwithstanding any provisions of the purchaser, are to be credit against the claims, corresponding to § 366 para 2 BGB. We reserve the right to reject checks and bills. The acceptance is subjected to payments. Discount- and bill charges account to the purchaser and are due immediately. If the customer is in default, we are entitled to charge interest in the amount of 4 % above the base rate of the German Central Bank. The customer has the opportunity to prove, that no or less damaged has developed. If we can prove a higher damage caused by default, we are entitled to make it enforcement. If the purchaser fails to meet its payment obligations, in particular a check or draft is not honored or rather does adjust his payments, or if other circumstances become known which do put the credit rating into questions, we are entitled to make all our claims against the purchaser due, even if we have accepted checks or bill of exchange. In that case we are also entitled to demand advance payments or security deposits, as well as to resign from the contract or to claim damages for non-performance. The purchaser is only entitled to offset or withhold, if we have expressly agreed in writing or if the counterclaims are undisputed or legally, or the lien based his counter-claim on the same contractual relationship.
Jurisdiction for any dispute is Königstein/Ts., insofar the purchaser is registered trader defined by HGB, incorporated legal person or under public law of special property. The right of the German Republic is the exclusive right which comes into force. The application of the UN-Convention on contracts for the international sale of goods from April 11th, 1980 is excluded.
In case of disputes, the German Translation of the terms and conditions is valid.
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