Our offers do not constitute a promise of delivery and are always non-binding for us, and do not obligate us to accept orders.
The buyer confirms their solvency and creditworthiness upon placing an order. If doubts arise about the buyer’s creditworthiness, we are entitled, at our discretion, to withdraw from the contract or to make the fulfillment of our obligations dependent on advance payment or security. In this case, we are entitled to demand immediate payment of all claims if the buyer is in default with even a part of the claims. This also applies if other payment agreements have been made.
Orders become binding only upon our written or printed confirmation (including invoices). This also applies to sales made by representatives. A contract concluded under these conditions remains binding in its other parts even if individual conditions are changed.
Our obligation to deliver is subject to correct and timely self-supply. Partial deliveries are permitted. Delivery times are only binding upon written agreement. If delivery does not take place within a mutually agreed upon written deadline and a reasonable grace period provided by us is not met, the customer is entitled to withdraw from the contract. The grace period must be communicated in writing by the buyer and must be at least 3 weeks. Only after the expiry of this period do we fall into arrears.
The delivery deadline is met if, by its expiry, the delivery item has left the factory or if readiness for dispatch has been indicated.
Any delay-related damage is limited to 5% of the purchase price. If the buyer is a merchant or equivalent, they are entitled to compensation only in case of intent or gross negligence. The buyer is not entitled to any compensation claims for exceeding the delivery deadlines.
Force majeure releases us from the obligation to fulfill the contract, excluding any claims for damages. If it lasts more than 6 months, we can withdraw from the contract. Force majeure includes, for example, a state of emergency, official orders, strikes, lockouts, accidents, fire, transportation disruptions, shortage of goods with us or with our suppliers, difficulties in energy supply, and operational disruptions with us or our suppliers.
Die Lieferfrist ist eingehalten, wenn bis zu ihrem Ablauf der Liefergegenstand das Werk verlassen hat oder die Versandbereitschaft angezeigt wurde.
Ein etwaiger Verzugsschaden wird auf 5 % des Kaufpreises begrenzt. Ist der Besteller ein Kaufmann oder ihm gleichgestellt, so steht ihm ein Schadenersatzanspruch nur bei Vorsatz oder grober Fahrlässigkeit zu. Irgendwelche Schadenersatzansprüche wegen Überschreitung der Lieferfristen stehen dem Käufer nicht zu.
Höhere Gewalt entbindet uns unter Ausschluss von Schadenersatzansprüchen von der Vertragserfüllung. Dauert sie mehr als 6 Monate, so können wir vom Vertrag zurücktreten. Als höhere Gewalt gelten z.B. Ausnahmezustand, behördliche Verfügungen, Streik, Aussperrung, Unfälle, Brand, Verkehrsstörungen, Warenmangel bei uns oder bei unseren Lieferanten, Schwierigkeiten in der Energieversorgung und Betriebsstörungen bei uns oder unseren Lieferanten.
The prices are ex works, excluding transport and packaging.
Prices are exclusive of value-added tax, which will be added separately at the applicable rate. If no special written agreements have been made, the following payment conditions apply:
The invoice amount is due within 10 days of the invoice date with a 2% discount or within 30 days without any deduction. If this payment deadline is exceeded, we will charge default interest of at least 3% above the Bundesbank discount rate from the due date, but reserve the right to prove higher damages. The due date occurs without further reminder etc. upon default by the customer.
Shipping also occurs at the recipient’s risk, even in the event of delivery by our vehicles. The risk transfers to the buyer when the goods leave the delivery plant. The buyer is liable for loss or damage during transportation. Transport damages must be confirmed in writing on the delivery note upon delivery by the forwarding agent or the delivery person. If the shipment is delayed for reasons beyond our control, the risk transfers to the buyer upon notification of readiness for shipment.
Complaints about defects are only considered if they are reported by the buyer in writing without delay (§§ 377 HGB, 477 BGB); otherwise, liability may be rejected. For visible defects, a complaint is only permissible within one week after receipt of the goods.
Further claims of the buyer, especially a claim for compensation for damages that did not occur to the delivered item itself, are excluded unless they are based on intent or gross negligence: a) if the buyer fails to fulfill a contractual obligation; b) for normal wear and tear and negligent or improper handling of the purchased item.
All goods remain our property until full payment of all claims against the buyer, including those from previous business relationships (reservation of title).
Resale of goods subject to retention of title is only permitted with our consent. In the event of a resale by the buyer in the course of their normal business operations, the buyer automatically assigns their claims against their respective customer to us.
As long as there are any claims against the buyer on our part, all goods are subject to our retention of title rights. Therefore, the buyer must keep these goods free from third-party rights and protect them from seizure.
The buyer is obligated to take out appropriate insurance, e.g., fire or theft insurance, to protect the goods subject to retention of title, with simultaneous assignment of the rights from the insurance to us.
If the buyer remains in arrears for more than 14 days after notification of completion, receipt of the purchased item, or fulfillment of payment obligations, or the provision of agreed securities, we are entitled, after setting a grace period of 1 week, to withdraw from the contract or demand damages for non-performance.
In the latter case, we are entitled to demand compensation of 25% of the sales price, regardless of the possibility of claiming higher actual damages. In this case, proof of damages is not required.
If we do not exercise these rights, we are, notwithstanding our other rights, authorized to dispose of the purchased item freely.
The place of performance for all obligations arising from this contract is Diez. The court of jurisdiction for both parties is the District Court of Diez. By placing an order, the buyer acknowledges these delivery and payment conditions as the sole decisive ones. The jurisdiction of Diez also applies to cheque and bill of exchange proceedings. If statutory regulations render any of the above points ineffective, all other points remain valid without restriction.
