Delivery Contract / Terms of Sale
1. Validity
The following delivery and payment conditions constitute the legal agreement between us and our customers. Any alternative conditions imposed by the customer which we do not expressly accept in writing are not binding upon us even if we do not expressly reject these. Any further arrangements, changes or additional agreements require confirmation from us in writing.
2. Quotes and confirmation of orders
Our quotes are subject to change. Only a written confirmation of order from us constitutes a binding agreement.
3. Prices and terms of payment
All prices are in euros. Within Germany these are subject in addition to the VAT applicable at the time of delivery.
For deliveries to the rest of Europe or when a valid VAT number is provided, goods will be delivered free of VAT (tax free trade deliveries). For deliveries outside the EU, customs fees and any other legal charges are to be paid by the customer.
Payment:
Within Germany: 50% - net on placing the order / 50% - net on delivery
Abroad: 50% - net on placing the order / 50% - net on being ready to deliver
All banking expenses are at the expenses of the customer.
The foreign customer presents a bank letter of credit of a German bank being resident abroad on ordering.
4. Conditional sale clause
The seller retains legal ownership of the goods until all monies owed for these have been received. The customer may not mortgage the goods nor may they be used as security. In the case of the goods being mortgaged or seized or otherwise being taken by third parties the customer is to report this immediately. If the customer is late in paying the agreed price the seller is entitled to require the temporary return of the goods and the customer is required to return them. Upon payment the goods are to be returned immediately to the customer. In the case of any other serious infringements of the contract by the customer the seller is, after an unsuccessful written reminder and the expiry of a period of one week from the date of delivery of the written reminder, entitled to temporary repossession of the goods. Such temporary repossession or confiscation of the goods by the seller does not constitute withdrawal from the contract of sale.
5. Delivery
The risks and costs of delivery from the factory are to be borne by the customer. The customer will be charged the costs of packaging and shipping. If not explicitly instructed otherwise by the customer, we will take out delivery insurance for all shipments.
6. Transfer of risk
Even if the case of free deliveries, the risks are to be borne by the customer as follows:
- In the case of deliveries without installation: from the point at which the goods are sent out or collected. If the customer so wishes, deliveries can be insured against the usual risks by the seller at the customer’s own cost.
- In the case of delivery and installation by our technicians: from the date of delivery to place of operation.
7. Warranty
We guarantee our products for a period of twelve months from the date of the invoice. This does not apply to consumables or parts requiring regular replacement. We guarantee that the goods will function in the intended way and meet the appropriate technical standards. We do not make any guarantee as to specific characteristics of our products. The customer must report to us in writing within ten days of delivery any defects. The customer must allow the seller the time and opportunity considered necessary to make good the defects. Our liability, whatever its legal foundation, is limited to that for deliberate failings or gross negligence.
8. Place of jurisdiction
The place of jurisdiction for the resolution of all disputes arising directly or indirectly from the contract is the district in which the seller’s headquarters are located.
9. Other
German legal conditions apply even in the case of delivery to foreign countries and the UN Convention on the Sale of Goods will not apply. Should our goods be exported by our customers to areas outside of Germany we accept no responsibility for any violation of intellectual property rights of third parties.
Should any of these general terms of sale prove invalid this will not affect the validity of the other conditions. Any changes or amendments to these general terms of sale must be made in writing.
Date: March 2007