General Terms of Delivery
- Our offers are made without engagement. The documents belonging to the offers are only approximate, unless they are expressly designated as binding. We reserve ownership and copyrights to offers, drawings and other documents; they may not be made accessible to third parties. We undertake to make known to the purchaser confidential plans only with the consent of third parties.
- We deliver and render exclusively on the basis of these General Terms of Delivery, which shall be considered as accepted at the latest upon acceptance of our goods. Deviating agreements only apply if they have been confirmed by us in writing. Contrary purchasing conditions of the purchaser are hereby rejected in principle; they do not apply even if we do not expressly object.
III. PRICE AND PAYMENT
- Until acceptance of the order by us, the prices quoted are non-binding and apply, unless otherwise agreed, ex works excluding packaging. VAT is not included in the prices.
- Payments are to be made within 30 days of the invoice date net free of our paying agent if no special agreement has been made.
- If payment is made with a bill of exchange, this shall only apply after the bill of exchange has been honored by the drawee. Discount charges are charged to the customer.
- If payments are deferred or made later than agreed, 2% interest over the LZB discount rate will be charged for the overdrawn days without the need for a notice of default.
- The withholding of payments or offsetting against counterclaims are excluded.
- The risk passes with the dispatch ex works to the customer, even if carriage paid delivery was agreed. If the shipment is delayed due to the fault of the customer, the risk is transferred to the buyer from the day of readiness for shipment.
- A transport insurance is concluded at the expense of the customer.
V. OWNERSHIP OF THE PROPERTY
- We reserve the ownership of the delivered goods until full payment of all claims from the business relationship, even if payments are made on certain designated goods. In the case of claims from current accounts, the reserved property is deemed to be a security for the balance claim.
- Goods subject to retention of title may only be sold in regular business transactions if it is ensured that the claim from the resale is transferred to us and the reservation of title is passed on to the customer by the customer. In particular, the assignment of security and pledging are inadmissible. In the event of resale, the purchaser hereby assigns to us all claims arising from the resale, in particular claims for payment but also other claims related to the sale, in the amount of the final invoice amount (including value added tax), irrespective of whether the delivery item has been resold without or after processing. At the request of the purchaser, we release the securities to which we are entitled insofar as their value exceeds our claims by more than 20%. Processing and processing of the delivery item by the customer is always done for us. We are considered manufacturers within the meaning of § 950 BGB without further obligation. If the delivery item is processed with other objects not belonging to us, we acquire co-ownership of the new item in proportion of the value of the invoice amount to the purchase price of the other processed goods. Incidentally, the regulations for the goods resulting from processing apply as for the delivery item.
- The purchaser is entitled to revoke the assigned claims on a fiduciary basis until a revocation by us which is permissible for an important reason. He is obliged to keep the collected amounts separately and pay them to us immediately. For good cause, we are entitled to disclose the assignment of claims to the third party debtors on behalf of the ordering party. With the announcement of the assignment to the third party debtor the collection authority of the orderer expires. In the case of revocation of the collection authority, we can demand that the purchaser notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and notify the debtor of the assignment.
- Actual or legal access to the reserved goods as well as their damage or loss must be reported to us immediately in writing. In the case of seizure, the seizure protocol or the seizure order must be submitted to us. The purchaser bears all costs that must be expended to cancel the access and a replacement of the delivery item, as far as they can not be confiscated by the third party.
- In case of default of payment, we are entitled to take back after reminder and the purchaser is obliged to surrender. In the withdrawal of the delivery item by us, unless the provisions of the Consumer Credit Act applies, there is no withdrawal from the contract, unless we have expressly stated in writing.
VI. DELIVERY TIME
- The delivery time begins with the dispatch of our order confirmation, as soon as both parts agree on all conditions of the purchase contract and refers to the completion in the factory. Their compliance requires the fulfillment of the contractual obligations of the customer, in particular the agreed terms of payment.
- The delivery period shall be extended appropriately in the case of rejects, strikes and lockouts or other unforeseen breakdowns in our factory or subcontractors, even if they occur during a delivery delay. The same applies if official or other approvals required for the execution of deliveries and documents of third parties or information required by the customer for the execution of the delivery are not received in time or if the order is subsequently changed.
- Partial deliveries are permitted.
VII. LIABILITY AND DEFECTS
- For defects of the delivery we are only liable in such a way that we have to repair or remake all those parts free of charge, which become useless within 12 months since the delivery day. The defects must be reported to us immediately and the parts in question sent on request. Prerequisite for liability are faulty design or defective execution; We are only liable for material defects insofar as we would have recognized the defect by the application of expert care.
- For damages due to natural wear no liability is accepted.
- In order to make all changes that appear necessary to us, as well as to supply spare parts or replacement machines, the customer has to grant us the necessary time and opportunity free of charge and to provide auxiliary staff upon request.
- If the complaint proved to be justified, we bear the costs, otherwise the customer.
- We are not obliged to remedy defects as long as the customer has not fulfilled his payment obligations.
- Furthermore, we shall not be liable if the repair or replacement is made difficult by the customer's unauthorized rectification work.
- As a defect in terms of delivery conditions is also the lack of assured properties to see.
- Further claims of the purchaser, in particular a claim for compensation for damages that did not arise on the delivery item itself, do not exist.
- Insofar as there is no evidence of confidentiality or other important interests of the purchaser, we may, after prior notification, inspect the plants supplied by us during operation, take note of the operating results and show the plants to our interested parties.
- The documents belonging to the offer, such as illustrations, drawings, weights and measurements are only approximate, unless they are expressly designated as binding. We reserve the right of ownership and copyright in cost estimates, project proposals, documentation and other documents; they may not be made accessible to third parties.
- Place of fulfillment for delivery and payment is Bensheim. Place of jurisdiction is Bensheim, whereby we may also sue at a place of jurisdiction legally established for the customer.
- The contract remains binding even if individual points are ineffective. The interpretation is governed exclusively by German law.