General Terms and Conditions (as of April 2019)
Unless otherwise agreed, the following terms and conditions of delivery and payment apply to the contractual relationship. Different conditions of the customer are in no way binding for us. This is hereby contradicted. This also applies if the customer excludes the validity of our conditions in his purchase conditions and we do not expressly contradict this again.
Deviations from the conditions require our express written consent. This also applies if we unconditionally carry out knowledge of any deviating conditions of the customer.
Our offers are always subject to change. Verbal side agreements, amendments or supplementary agreements are only valid if we have confirmed them in writing.
Construction documents, which we hand over to the customer in the form of illustrations, drawings, etc., are only approximate unless we have designated them as expressly binding. Notes and statements in these documents do not represent any guarantees of quality or durability. We reserve ownership and copyright in all of these documents. The customer may not make these documents available to third parties without our prior written consent.
Prices, price changes
Unless otherwise agreed, our prices are ex warehouse, in euros plus VAT, excluding packaging costs.
Delivery is ex works. The INCOTERMS in their respectively valid version apply, unless the conditions stipulate otherwise. We reserve the right to change our prices appropriately if, after the conclusion of the contract, there are cost reductions in the cost increases, in particular due to material price changes.
The costs for shipping and transport insurance are to be borne by the customer, unless expressly agreed otherwise in writing. The choice of shipping route and shipping method is at our discretion.
The delivery dates and delivery times are non-binding and approximate. We are entitled to make partial deliveries.
The delivery times are extended appropriately in the event of events not represented by us, which also include strikes and lockouts, power and water outages, failure of deliveries from our suppliers, fire, war, natural events and transport difficulties, insofar as such events can be proven to be upon completion or delivery of the delivery item are of considerable influence. The same applies if the events occur during an already existing delay. The assertion of a claim for damages or a delay penalty is excluded as appropriate.
If acceptance is requested by the customer, the acceptance conditions must be communicated to us at the latest with the request. The corresponding costs of the acceptance are borne by the customer.
Our invoices are payable net within 30 days of the invoice date. In case of doubts about the customer’s ability to pay, we reserve the right to withdraw from the contract or to request advance payments.
The retention of payments due to any claims of the customer against us is excluded, unless the right of retention is based on claims of the customer from the same contractual relationship with us. Offsetting the purchaser against claims from us against his own claims is not permitted, unless the claims are undisputed or legally established.
Retention of title
We reserve ownership of the delivery item until full payment of all outstanding claims from the contract. The purchaser may neither pledge the delivery item nor assign it as security. In the event of attachment, seizure or other disposal by a third party, he must inform us immediately. The assertion of the retention of title, as well as the attachment of the delivery item by us, do not count as a withdrawal from an unfulfilled delivery contract. If the goods delivered by us are combined by the purchaser with other objects to form a single object, it is agreed that the purchaser transfers proportional co-ownership to us within the meaning of Article 947, Paragraph 1 BGB and keeps the object in our custody.
All claims of the customer from a resale of the reserved goods are assigned to us. The assigned claims serve to secure the sale of the reservation of title in the amount of the value of the reserved goods resold in each case.
The customer undertakes to report any defects in the materials supplied by us to us within 14 days of receipt of the goods, and in the case of hidden defects no later than 14 days after their discovery.
Our warranty obligation is limited to repairing defective parts free of charge at our discretion or to deliver new, faultless parts. In the case of the delivery of third-party products, our liability is limited to the assignment of the warranty claims that we are entitled to against the supplier of the third-party products (third-party supplier). The purchaser has warranty claims against third-party products against us within the scope of this section 8 only insofar as the assigned warranty claims against the third-party supplier cannot be enforced. The customer is initially obliged to assert his claims against the third-party supplier and, if necessary, to enforce an obligatory judgment, unless the third-party supplier is not in the for actual reasons (e.g. impossibility or failure to remedy / replace delivery, bankruptcy) Able to meet the assigned warranty claims. Of the direct costs resulting from the repair or replacement delivery, we only bear the costs of the replacement part, but no further costs such as transport and removal and installation. Further claims of the purchaser, including claims for damages that have not arisen on the delivery item itself, are excluded to the extent permitted by law. We also accept no liability for materials supplied for processing.
Right of withdrawal
The customer can withdraw from the contract if the entire service before the transfer of risk becomes finally impossible for us. The same applies to non-performance on our part. If we are in arrears with our services and the customer grants us a reasonable grace period, with the express declaration that he will refuse to accept the service after this period has expired and we do not meet this period, the customer is only entitled to withdraw.
The customer also has a right of withdrawal if we let the grace period set by him for the repair or replacement delivery expire. The right of withdrawal also exists in the event of impossibility or non-fulfillment of the repair or replacement delivery by us.
To the extent permitted by law, all other additional claims of the customer, in particular for termination or reduction, as well as for compensation of any kind are excluded, including damage that has not arisen on the delivery item itself.
Liability for ancillary obligations
If, through our fault, the delivered item cannot be used in accordance with the contract by the customer as a result of failure to perform or incorrect execution of proposals and advice before or after the conclusion of the contract, as well as other contractual ancillary obligations, in particular instructions for operation and maintenance of the delivery item, then further claims shall apply of the customer the regulations of sections 8 and 10 accordingly.
We reserve the right to make technical changes to the products offered in the catalog, in particular dimensional changes and erroneous measurements.
Place of performance & jurisdiction
The place of performance for all liabilities arising from the delivery business and the place of jurisdiction for all disputes in connection with the delivery business and in the exchange and check process is exclusively Brühl (Rhineland).
German law applies exclusively to the contractual relationships.