Delivery and Payment Conditions
Preliminary note:
The sale of our products shall rely entirely on these conditions. To the extent
that the delivery and payment conditions of the Purchaser do not correspond to
the following conditions or the content of the order confirmation, any
conditions stipulated by the Purchaser shall be deemed objected to and excluded.
Delivery time:
Delivery time shall run as from the time of receipt of the final order by our
company (only working days are deemed days).
In the event of a delayed delivery, the Purchaser may resign from the agreement, after having granted an appropriate grace period which passed fruitlessly.
In the event of a delayed delivery neither wilfully nor gross negligently caused by us (or by the supplier), any right to compensation shall be excluded, in particular if such delay is a result of force majeure, delay of transport, breakdown or other such reasons.
We shall be entitled to partial deliveries, in particular in the event of larger orders, if the Purchaser does not claim that this is unreasonable.
Delivery:
Delivery shall be made ex works Worms, Germany. Any freight costs and transport
insurance costs shall be borne by the Purchaser.
Packaging costs:
Normal packaging shall not be invoiced. In the event of special packaging in
boxes or shacks, the prime costs thereof shall be invoiced; in the event of a
freight-paid resending, two thirds of such amount shall be credited. The exports
costs shall be invoiced in their entirety and cannot be repaid.
Notification of defects:
Any obvious defects must be notified within a period of one week after transfer
of the object. In the event of transport damages, the Purchaser must have an
accident report prepared by the carrier (railway company, freight forwarder
etc.) within the period applicable for the transport industry and to present
such report to the Seller. Without presentation of an accident report, no
substitute delivery can be made. If a justified notification of defect is made
within 6 months as of the delivery date, we shall repair the product or make a
substitute delivery. In the event of fruitless repair or substitute delivery,
the Purchaser may resign from the purchase agreement or request a reduction of
the price, at its own discretion.
Agreements:
Any oral agreements or agreements via telephone or telegram must be confirmed in
writing in order to be valid.
Payment conditions:
Invoices shall become due for payment 21 days after the
invoice date without any deduction being applicable.
If the Purchaser does not comply with this period, it shall be obliged to compensate us for the interest costs arising to us (at least, however, the statutory default interest).
All prices shall apply ex manufacturer's works and shall not include the applicable VAT.
Retention of title:
Title to the product delivered by us shall remain with us
until the full purchase price is paid. This shall even apply
if the product is delivered in order to be sold further. In
the event of a further sale, the purchase price claim shall
be deemed assigned to us. The risk of wear and tear as well
as the risk of damage shall be borne by the Purchaser.
Acceptances, bills of exchange as well as cheques will only
be deemed payment when cashed.
Place of jurisdiction / place of performance:
Place of performance and place of jurisdiction for any and all disputes arising
out of the contractual relationship shall be Worms, Germany, to the extent that
the Purchaser is a merchant, a legal entity of public law or a special fund
under public law.
Place of delivery shall be the registered office of the Seller; in the event of
a delivery ex the manufacturer’s works (dispatching sales), the risk shall pass
to the Purchaser at the time of transfer to the forwarder or other person
responsible for conducting the transport. The costs of the dispatch shall be
borne by the Purchaser.
If individual provisions of these general terms and conditions shall be or become invalid, this shall not affect the validity of the remaining provisions or of the entire legal transaction.
The Purchaser acknowledges that its data is stored in the EDP system.
German law shall exclusively apply.