I. Prevalence All of our deliveries and services are based exclusively on these sales terms and delivery conditions. Differing regulations from these conditions, especially business conditions of the buyer, become effective only with our written confirmation.
II. Conclusion of the Contract 1. Product descriptions such as pictures, drawings, descriptions, indication of measurements, -weight, -service, consumption data, and information concerning usability of technological products used in prospects, similar documents or any submitted offers are subject to confirmation unless otherwise referred to as binding. This applies in particular to possible changes and improvements due to technical progress. Minor changes in those product descriptions are approved and do not concern the fulfillment of contracts, unless these changes are not unreasonable for the buyer. 2.The order-form signed by the buyer is obligatory; orders through the Internet are effective as soon as mailed. We are authorized to accept the offer within four weeks, affirmed with an order confirmation. Deliveries and payment issues are equal to the written confirmation.
III. Prices 1. All of our prices are quoted ex the shop operator and the shop holder excluding installation, course of instruction, or any other incidental services. Delivery takes place at our own choice. We deliver in customary packing; any extra packing needed(overseas packing) is on the buyer s account. We are entitled, but not bound, to insure the goods on customers’ accounts. Freight shipping and shipping exempt from charges only takes place after written agreement. 2.Payments for orders through the Internet are handled by cash on delivery, prepayment or direct debit (only german bank accounts). Lack of consideration to respectively return the debit, we reserve the right to charge the arising expenses of currently 8,- Euro to the customer’s account. 3. If a buyer is behind with payment, we charge default interests amounting to 3% added to the current discount rate of the German Central Bank (subject to assertion of further rights). 4. The buyer has the right of retention, as far as it is based on the same contractual relationship. The buyer can only accumulate counterclaims that are either indisputable or legal.
IV. Delivery
1. In business dealings we are entitled to send part orders. 2. If we are delayed due to reasons beyond our control, the liability of usual negligence does not apply, as long as the delay is not based on a violation of the contract. 3. The customer sets an adequate time limit after we have been delayed with the threat of rejection; the buyer is authorized to cancel the order or to demand compensation for damages because of non-fulfillment after expiration of the time limit. Only culpable negligence or slight fault is based on essential violation of contractual obligation. 4. If the buyer does not accept, or breaches the obligation to cooperate, we are authorized to surcharge the loss occurred including any additional expenditure. If loss by accident or damage to the goods happens during this time of default of acceptance, the buyer is liable.
V. Retention of title 1.All our deliveries occur under retention of title. All goods remain the property of the vendor until full payment has been received. 2. Before passing the property of the goods, it is prohibited to pledge or to chattel mortgage on the goods. Resale is only permitted in the context of proper transaction. In case of reselling the reserve goods, the buyer cedes the purchase price claim on to us in full. 3. If the buyer is in default with payment in all or part, suspends payment or we cast doubt on the buyers solvency or creditworthiness, the buyer is not authorized to enact over the goods. In such case we are authorized to withdraw from the contract and/or to cancel the buyers collection of authorization towards goods recipient. 4. If the value of all security interests, on our side by-law concerning these terms, exceeds the saved claims up to more than 25%, we do not control a certain part of the security interests, if that is the buyers wish. 5. In business dealings, the insurance of the goods in case of fire, water, thievery and theft by housebreaking is the buyers concern, as long as the property of the goods belongs to us referring to the retention of title. The rights out of this insurance are being transferred to us. We accept these subrogated rights.
VI. Warrantee 1. In case of a damaged delivery item, including the absence of guaranteed quality, we are at our own choice entitled to repair or to replace the damaged item. The buyer has the right to demand abatement of remuneration or to withdraw from the contract if we failed rectification of defects or compensation delivery. 2. Buyers claims on guarantees are dependent on notification of obvious loss within two weeks and unobvious loss in between six months after delivery. The valid investigation according to §§377 and §§378 (Untersuchungs- und Rügepflichten) for traders are unaffected. 3. The buyer is required to allow an examination of the damaged goods on our own choice either at the buyers or at our place of business. If the buyer refuses the examination, we are exempt from warrantee. 4. The terms at hand, cipher 1 to 3, apply according to the buyers claims arising from proposals or consultations or due to violation of the duty of disclosure, advice, and consultation dealt with in the contract. As long as the buyer has the right of amends in money, it is not being touched. 5. The assignment of guarantee claims to a third party is prohibited. 6. If the buyer sells the goods delivered from us, it is not permitted to refer to us because of the contractual and statutory warrantees. 7. The customer must pay full price unless recognized through a written agreement. 8. Sealed products are barred from replacement or return after the seal has been broken. 9. The buyer has the right to return goods within two weeks after delivery. Any complaints are to be reported to our employees before return. Our employees will give you further information on how to return materials. Freight collect mails are not accepted, unless it was explicitly arranged with our employees. For example, up to a value of 40 Euros, we accept the return mail costs.
VII Compensation for damages 1. In business dealings we are only responsible to replace predictable damage, as long as this damage was not being caused by slight negligence. 2. All products are tested in detail and are being used thousand fold without problems. However the application occurs in either case on the customer s own responsibility. Claim for damages, especially due to improper application, are barred. Application technique recommendations given orally, written or for practical guidance are based on our own experiences, and because of that, for all intended purposes, without responsibility. 3. As long as we are exempt from or have limited liability, the same applies to our salaried personnel, employees, assistants, agents, factors, servants and assignees.
VIII. Place of delivery, address for service and legal system 1. Concerning contracts with fully qualified traders, place of delivery, addresses for service, and legal systems are at the buyers’ place of business. Provided that we are also authorized to go to law at the place of permanent establishment or at the place of business of the buyer. 2. If the buyer has no natural forum at home or after contract conclusion changes location after the conclusion of the contract, the business will be held at our forum. 3. The law of the Federal Republic of Germany is valid. The determinations of the UN-purchase laws do not apply in the relationship between the buyer and us.
IX. Other stipulations 1. In case the single terms of these business conditions are or become ineffective, the other conditions retain their validity. 2. Accordant to § 26 of the German Data Protection Act (BGB 1977, 1. page 201) the contractor instructs the customer, that the customer data needed for the implementation of the course of business is saved by the contractor. As of November 2003. 3. UStIDNr.: DE226312816 |