Shipping and payment
Our terms of delivery and payment apply exclusively; We do not recognize any customer terms that conflict with or deviate from our terms of delivery and payment, unless we have expressly agreed to their validity in writing. Our terms of delivery and payment shall also apply if we carry out the delivery to the customer without reservation, knowing that the terms of the customer conflict with or differ from our terms of delivery and payment. Our terms of sale only apply to business transactions with non-consumers within the meaning of § 13 BGB. In the context of an ongoing business relationship between merchants / entrepreneurs and us, the delivery and payment conditions also become part of the contract if we have not expressly pointed out their inclusion in individual cases.
2. Offers and conclusion of contract
Our offers are subject to change; errors and corrections and prior sale are reserved. Orders require our written confirmation. We reserve ownership and copyright of all offer documents; they may not be made accessible to third parties. The contents shown in our catalogs, brochures, sales and other documents, as well as on the Internet - unless expressly stated as binding - are always subject to change; they may not be reproduced or made accessible to third parties without our consent. A purchase contract is concluded through an oral, telephone or written order and our written order acceptance, through a contract signed by both parties, or through immediate execution after receipt of the order. In the latter case, the delivery note or invoice is considered to be an order acceptance. By paying the part of the costs for tools invoiced by us, the customer does not acquire any right to the tools themselves. These remain our property.
Our delivery times are always approximate and non-binding. They are named after careful examination, with adaptation to the wishes of the customers. The delivery period is met when the goods have been completed or reported as complete. Partial deliveries are permitted to a reasonable extent; we will inform the buyer of this immediately. In the event of an impossible or unreasonable delivery, we are entitled to withdraw from the contract. A liability to pay compensation exists only under the conditions specified in No. 11, General Limitation of Liability. With regard to timely delivery, we are only liable for our own fault and that of our vicarious agents, but not for the fault of our upstream suppliers, since they are not our vicarious agents. However, we are obliged to transfer any claims we may have against our pre-suppliers to the buyer upon request. The buyer is entitled to withdraw from the contract after a grace period of at least one month to be set in writing. If there is a custom-made order that is currently being worked on and cannot be completed for any reason for which we are not responsible, the grace period is 3 months. The right of withdrawal, however, only extends to the part of the contract that has not yet been fulfilled if the partial service provided can be used by the buyer. A liability to pay compensation exists only under the conditions specified in No. 11, General Limitation of Liability.
Unless otherwise stated in the order confirmation, our prices apply "ex works" excluding transport, insurance, assembly and other charges as well as packaging. Packaging is only carried out if the customer expressly requested it. The packaging is calculated on the basis of the actual production costs. The statutory value added tax is not included in our prices; it is shown separately on the invoice at the statutory rate on the day of invoicing. All taxes, fees and other charges arising outside of the Federal Republic of Germany are at the expense of the buyer. Taxes or increases in existing taxes that are introduced as a result of government measures and that affect the production or delivery of the goods and make them more expensive can be added in full to the agreed purchase price. We reserve the right to adjust the agreed price according to the influence of the relevant cost factors if, after the conclusion of the contract, significant changes to the relevant cost factors, such as the costs for wages, primary material or freight, occur by the delivery date. We will prove these to the costumer upon request.
Our invoices are payable within 10 days with a 2% discount, net within 20 days unless otherwise specified in writing. If we have indicated that the goods are ready for dispatch and this is not before the contractually agreed dates, we are entitled to invoice. The buyer waives the right of retention, both from the current contract, as well as from previous or other transactions, even if he objects to the delivery item. Withholding payments due to, or offsetting against counterclaims by the buyer are only permitted if these counterclaims have been legally established, are undisputed or have been recognized by us. We only accept payments if they have been made in cash in our cash register or to our account. Deductions for postage or rounding off the final amounts are not accepted. If the target is exceeded, we are entitled to charge default interest of 8% above the base rate of the Deutsche Bundesbank for the period from the due date to the receipt of the money. With appropriate evidence, higher default interest can also be claimed. Discountable bills of exchange are only accepted with the corresponding agreement and only on account of payment. Credits for bills of exchange and checks are subject to receipt, minus expenses with the value date of the day on which we can dispose of the equivalent.
6. Rights of the supplier in the event of payment difficulties on the part of the customer
Any doubts regarding the solvency of the purchaser after the order confirmation entitle us to request advance payments or liquid security within a reasonable period. If the request is not met in time, or if it is clear from the outset that the customer cannot make an advance payment, we are entitled to refuse to fulfill the contract and to claim damages.
7. Shipping, transfer of risk
The shipping route and shipping method are at our discretion, unless the buyer has given appropriate instructions. The risk passes to the buyer as soon as the shipment has left our factory, even if free delivery has been agreed. Insignificant defects do not entitle the buyer to refuse to accept the goods.
In the case of custom-made products, our products are accepted in our factory. We will notify the buyer of the date in good time. If the buyer culpably misses the acceptance date, waives the acceptance or does not make a statement that he wants to check the goods with us, the goods are considered accepted as soon as they leave the factory. Acceptance costs or travel and subsistence costs of the acceptance officer are to be borne by the customer.
9. Retention of title
We reserve ownership of the deliveries and services until full payment of the purchase price. In the case of goods that the buyer orders from us as part of an ongoing business relationship, we reserve ownership until all of our claims against the buyer from the business relationship - including those arising from contracts concluded at the same time or later, including future claims - have been settled. This also applies if our individual or all claims have been included in a current invoice and the balance has been drawn and recognized; the reserved property also serves as security for the balance claim. If a bill of exchange is accepted by the buyer to pay the purchase price, the retention of title does not expire before the buyer redeems the bill as drawee. Our property must be identified as such and stored separately from the material of the buyer and adequately insured against loss and damage. Upon request, he must provide us with this proof by presenting the insurance policy. The buyer hereby assigns to us the claim against the insurance in the event of damage in the amount of the invoice value of the goods delivered by us. We are entitled, as long as there is a claim secured by retention of title, to request information from the buyer at any time as to which goods delivered under retention of title he still has in his possession, where it is located and to inspect them. The buyer may only sell our property in the ordinary course of business; he is only entitled to further processing and other utilization of the reserved goods if the claim from the further utilization of the reserved goods including all ancillary rights passes to us. The buyer is not entitled to dispose of the goods subject to retention of title, in particular pledging or transfer by way of security. If the goods subject to retention of title are processed or transformed into a new movable item by the buyer, the processing takes place for us without us being obliged to do so; The new thing will be our property. When processing together with goods that do not belong to us, we acquire co-ownership of the new item according to the ratio of the value of the reserved goods to the other goods at the time of processing and the processing value. If the goods subject to retention of title are combined with other objects that do not belong to us in accordance with §§ 947, 948 BGB inseparably mixed, we acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other mixed objects at the time of the mixing. If the mixing takes place in such a way that an item of the customer is to be regarded as the main item, it is agreed that the customer transfers co-ownership to us proportionately. In these cases, the buyer must keep the property in our ownership or co-ownership, which is also considered to be reserved goods within the meaning of the above conditions, free of charge. The customer is entitled to resell the purchased item in the ordinary course of business; however, he already assigns to us all claims arising from the resale in the amount of the value of the reserved goods; We accept the assignment. The value of the reserved goods is our invoice amount. If the resold goods subject to retention of title are in our co-ownership, the assignment of the claim extends to the amount that corresponds to our share in the co-ownership. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we undertake not to collect the receivables as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears or ceases to pay. However, if this is the case, we can request that the customer inform us of the assigned claims and their debtors, provide all the information required for collection, hand over the associated documents and notify the debtor (third party) of the assignment. At the same time, we are also authorized to notify the debtor of the assignment ourselves. The buyer must immediately inform us of any enforcement measures by third parties or other impairments in the goods subject to retention of title, rights or in the assigned claims by handing over relevant documents; Intervention costs are borne by the buyer. With the suspension of payment and / or application to open insolvency proceedings, the right to resell, use or install the reserved goods or the authorization to collect the assigned claims expire. If the value of the collateral granted exceeds the claims by more than 20%, we are obliged to release the collateral to which we are entitled at the customer's request. Insofar as the validity of the retention of title is linked to special conditions outside the Federal Republic of Germany, or if such a condition does not apply to us directly, the buyer must ensure that we are given such security or, in the alternative, corresponding security. The buyer must perform all cooperative acts that are necessary to secure the retention of title. For the rest, German law must be complied with as far as possible.
The warranty obligation begins with the acceptance, readiness for dispatch or, if no such notification is made, on the day of dispatch. A defect is only a reasonably reasonable deviation of the delivery or service in terms of quality or usability for the contractually agreed purpose, provided that contractual agreements have been made. There is no guarantee for process engineering, unless otherwise agreed in the purchase contract. The customer's rights to defects presuppose that the customer has properly complied with his inspection and notification obligations owed pursuant to Section 377 HGB. Hidden defects must be reported in writing immediately after their discovery. Transport damage must be reported to the carrier immediately and noted on the delivery note. If the buyer discovers defects in the goods, he may not dispose of them, ie they may not be shared, resold or processed without our consent until an agreement has been reached on the handling of the complaint. There is only an obligation to pay damages in the cases mentioned in No. 11 - General Limitation of Liability. The buyer is obliged to provide us with the object of the complaint for the purpose of examining the complaint on request. In the event of culpable refusal, the guarantee is void. In the event of justified complaints, we are entitled, at our discretion, to determine the type of supplementary performance (three replacement deliveries or improvements) or to reimburse the purchase price instead of the replacement delivery. The buyer must give us a reasonable amount of time and opportunity to carry out improvements and replacement deliveries, otherwise we are released from the warranty. We bear the direct costs resulting from the repair / repair or replacement delivery, including shipping to the original delivery address, but at most up to the amount of the purchase price. If the supplementary performance fails, the customer is entitled to request withdrawal or a reduction. The limitation period is 12 months from the transfer of risk. The limitation period for the rework or the newly delivered item is six months from the end of the rework or delivery of the newly delivered item. However, the limitation period ends at the earliest with the expiry of the limitation period for the original delivery item.
11. General limitation of liability
Claims for damages and reimbursement of expenses by the buyer (subsequent claims for compensation) due to breach of contractual or non-contractual obligations that go beyond those permitted in these conditions are limited to the foreseeable damage typical of the contract. This applies in particular to claims for compensation for damage that has not occurred to the goods themselves (consequential damage, especially loss of profit). This does not apply if liability is mandatory, e.g. according to the Product Liability Act, in cases of intent or gross negligence due to injury to life, limb or health. For grossly negligent behavior, liability is limited to compensation for the foreseeable damage at the time the contract was concluded. We have taken out an appropriate, globally valid product or business liability insurance for personal injury and property damage from product and business liability. Claims for compensation for property damage from product and business liability are therefore limited to the amounts owed by the insurance. To the extent permitted, we assign these insurance claims to the buyer. General liability insurance is based on the General Liability Conditions (AHB). Claims for damages by the buyer expire after twelve months; the legal regulation applies to liability according to the Product Liability Act or for fraud or intent.
12. Place of jurisdiction, applicable law, final provisions
The place of performance is the registered office of the company. The place of jurisdiction is 77815 Buhl. However, we are entitled to sue the buyer at his registered office. The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any form of changes, additions and verbal side agreements or any assurance that goes beyond the written purchase contract by us, the buyer or other third parties, always require written confirmation; this applies in particular to the cancellation of the written form requirement. Should individual provisions of these conditions or the contract be or become ineffective, the validity of these conditions or the contract will not be affected. The parties will replace an ineffective provision with a provision that comes as close as possible to its economic success.