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G<strong>EN</strong>ERAL TERMS AND CONDITIONS Last updated: January 2023<br />
I. QUOTATION AND ORDER<br />
1. Our quoted prices are always subject to change; delivery details contained<br />
therein are non-binding. Intermediate sales remain reserved. In the event of<br />
changes in cost factors, we shall not be bound by the prices. All orders are<br />
accepted or executed only based on the following conditions. By placing orders,<br />
purchasers expressly accept our terms and conditions of sale/delivery<br />
and payment. Additional agreements require written confirmation.<br />
2. Orders placed with us require our written confirmation for legal validity. If<br />
the goods are not in stock, we are entitled to reject the order within three<br />
weeks of it being placed.<br />
II. PRICES<br />
1. The prices are in euros, including packaging. We reserve the right to increase<br />
prices until completion of the goods due to an increase in the price of raw<br />
materials or due to an increase in wages and expenses. Verbal price agreements<br />
are only valid if they are confirmed by us in writing.<br />
2. All new levies introduced by law after the conclusion of the contract, as<br />
well as any increases in freight, customs duties, etc., which indirectly or directly<br />
increase the price of the goods, shall be borne by the buyer. By paying<br />
the cost shares for tools, models and moulds, the buyer does not acquire<br />
any right to the items themselves. These remain our property in any case. All<br />
postal and express shipments on behalf of the buyer to third parties will be<br />
charged with a corresponding price surcharge.<br />
3. In the case of framework agreements, we reserve the right to bill for additional<br />
costs for over deliveries (= quantity increases).<br />
III. PACKING<br />
Our prices include packaging. Packaging is charged at cost price and is not<br />
taken back (we are Interseroh and ARA certified). The packaging costs represent<br />
a part of the goods and are to be paid with the goods when the invoice<br />
is due.<br />
IV. SHIPPING<br />
1. Shipping and transportation always takes place at the customer’s risk, even<br />
if the goods are delivered free of charge to the destination. The transfer of<br />
risk to the customer takes place when the shipment leaves our site, or when<br />
the goods are made available to the customer by us. The customer is responsible<br />
for any transport difficulties of any kind. The most economical method<br />
of shipment shall be chosen by us without any obligation. Insurance cover<br />
against any form of damage, guaranteed compliance with delivery deadlines,<br />
etc. shall only be provided following express request by the customer and<br />
with the resultant costs incurred billed. Shipments that are lost in transit<br />
shall not release the customer from their payment obligations under any<br />
circumstances. Verification of dispatch shall be provided by us.<br />
in addition to strikes, mobilisation and war – also between foreign countries<br />
if this affects the general economic situation – this shall relieve us of our<br />
obligation to comply with the delivery deadline and entitle us to withdraw<br />
from the contract in whole or in part, without the customer having any claim<br />
against us for compensation. We are unable to recognise any contractual<br />
penalties.<br />
VI. DEVIATIONS IN SIZES, WEIGHT, AND QUANTITY<br />
Illustrations, sizes, weights that are contained in catalogues, quotes, advertisements,<br />
etc., are not binding. We reserve the right to make changes at any<br />
time. Increases or reductions in weight – insofar as these lie within conventional<br />
tolerances (+/-tolerance) – shall not constitute an entitlement to<br />
price discounts or rejections.<br />
VII. COMPLAINTS/OBJECTIONS<br />
1. Complaints can only be made within 8 days of receipt of the goods. Any<br />
shipments that arrive damaged must be checked immediately for weight<br />
and quantity in the presence of the courier. It is essential to send us official<br />
notification of damage immediately. We shall be liable for defects that are<br />
attributable to deficient materials or defective work, insofar as we shall rectify<br />
such defects either through repair or a replacement delivery, to the exclusion<br />
of further claims for damages that may be attributable to the defects. We<br />
reject any further liabilities, assumption of further costs, reimbursement of<br />
freight, salary costs or claims for damages of any kind.<br />
2. We shall not be liable for any damages that arise because of unprofessional<br />
installation or handling, excessive use or normal wear and tear. Furthermore,<br />
we are only able to check and – where applicable – recognise<br />
complaints regarding billing of goods if these are received within 14 days of<br />
receipt of the invoice. Complaints do not release the customer from their<br />
obligation to meet with the agreed payment conditions.<br />
VIII. ACCEPTANCE<br />
1. If the customer is in default with the timely acceptance of a delivery, we<br />
shall be free to either unilaterally refuse performance or further performance<br />
of the contract at all and to claim damages for non-performance. Insofar as<br />
a contract has not been fully realised, we are able to demand advance payment<br />
of the remaining amount. If the ordered goods are ready in good time<br />
and it is not possible for the customer to accept these in a timely manner<br />
for whatever reason, we are entitled to issue our invoice on the day of completion<br />
and this shall fall payable per our terms, irrespective of acceptance.<br />
2. If the customer withdraws without justification from an order that has been<br />
placed, we can demand 10% of the purchase price for the costs incurred<br />
and the loss of profit due to processing the order, without prejudice to the<br />
option of claiming for higher actual damages. The customer retains the right<br />
to prove lower damages.<br />
2. We are entitled to bill for the fees incurred with the delivery of postal shipments.<br />
If freight-free delivery is specifically agreed, then we shall only cover<br />
the payment of standard general cargo. If shipping takes the form of express<br />
or rapid delivery due to a failure to meet the delivery specifications, we shall<br />
not be obligated to accept the additional costs incurred.<br />
V. DELIVERY DEADLINE<br />
Delivery deadlines shall be quoted to the best of our knowledge, although<br />
these shall not be binding. If the delivery date passes, this does not result in<br />
an entitlement to withdraw from the contract or to demand compensation.<br />
In all cases of force majeure, the suspension of road, rail, lorry or shipping<br />
transport, operational downtimes, strikes, a lack of personnel, cargo space,<br />
operating and raw materials, as well as unforeseen events of any kind, which<br />
affect the price and operating conditions of ourselves or our subcontractors,<br />
3. In the case of framework agreements, the entire agreed quantity of goods<br />
must be accepted within the agreed term of the contract. If this is not the<br />
case, we shall be entitled to claim any additional costs arising from this from<br />
the customer.<br />
IX. DELIVERY ACCEPTANCE<br />
The customer is obliged to accept the delivery item. If the customer does not<br />
accept the item purchased within 8 days of receiving the notification of readiness,<br />
we are entitled to withdraw from the contract or to claim compensation<br />
for damages due to non-fulfilment.<br />
X. GUARANTEE<br />
We are liable for faults to the goods as follows:<br />
1. For a period of 24 months following delivery of the goods, the customer is<br />
182 TECHNICAL ANNEX<br />
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