1.1 Our offers apply only to the respective individual requirement and are valid only for a reasonable period.
1.2 We reserve ownership and copyright to samples, drawings, sketches and similar documents; they may neither be reproduced nor made accessible to third parties without our consent.
2.1 Delivery times stated by us are approximate and commence only after all details of execution and the conditions of the contract have been clarified.
2.2 In the event of unforeseeable and unavoidable circumstances – whether at our works or at subcontractors – e.g. operational disruptions, strikes, lockouts or delays in the supply of raw or auxiliary materials, we shall be released from our delivery obligation.
2.3 Contractual penalties or claims for damages due to delay are excluded.
2.4 We reserve the right to make partial deliveries.
2.5 Depending on the type of product, excess or short deliveries of plus or minus 10% are permitted.
3.1 Prices are stated in EUR ex works, excluding packaging. Packaging will be charged at cost price and will not be taken back.
3.2 In the case of delivery free of charge, any additional freight costs arising from requested express shipment or from the special nature of the goods shall in any case be borne by the purchaser.
3.3 Should increases in material prices, wages, public services or fiscal charges occur up to the day of delivery, we reserve the right to make corresponding adjustments to the stated prices.
3.4 For small orders with a goods value of less than EUR 75.00, we charge a processing fee of EUR 7.50.
4.1 Since 01.05.2000 statutory payment terms apply – invoices are due immediately; after 30 days, default occurs without reminder.
4.2 Invoices under EUR 50.00 are always payable immediately and without deduction.
4.3 Bills of exchange are accepted only subject to their discountability. All costs relating to bills of exchange shall be borne by the purchaser and are payable immediately upon receipt of the debit note. Cheques must be sent to us in due time so that they can be cleared within the payment period.
4.4 Set-off against counterclaims is permitted only if such claims are undisputed or have been legally established.
4.5 If the purchaser fails to comply with the payment terms, or if circumstances become known after conclusion of the contract which are likely to impair their creditworthiness, or if we only become aware of such deterioration after delivery, all our claims against the purchaser shall become immediately due. Such circumstances entitle us to perform outstanding services only against advance payment or provision of security and, after expiry of a reasonable grace period, to withdraw from the contract or claim damages for non-performance.
4.6 In the event of overdue payments, we are entitled to charge default interest at the customary debit interest rate of credit institutions as well as reminder fees.
5.1 The delivered goods remain our property until all claims we have against the purchaser, now or in the future, have been fulfilled. Processing or transformation of the delivered goods is always carried out for us as manufacturer, but without obligation on our part.
5.2 In cheque/bill of exchange transactions, our retention of title remains in force until recourse against us under a bill of exchange is excluded.
5.3 The purchaser is entitled to resell the goods in the ordinary course of business. In this case, the purchaser hereby assigns to us, by way of security, in full the claims against third parties arising from the resale of the reserved goods.
6.1 Shipment is at the expense and risk of the purchaser. This also applies if delivery free of freight has been agreed.
6.2 Complaints regarding missing parts will only be considered if submitted no later than one week after receipt of the shipment.
6.3 Transport insurance is effected only upon instruction and at the expense of the purchaser.
7.1 If the goods are defective due to material or workmanship faults, we are obliged, at our discretion, either to repair them, supply replacement goods free of charge, or issue a credit note.
7.2 We shall not be liable if the goods are no longer in the condition in which they were delivered, in particular if they have been put into use.
7.3 Defects for which warranty claims are to be made must be reported to us immediately in writing; in the case of apparent defects, within 8 days of receipt of the goods.
8. In addition to the cases pursuant to clauses 2.1–2.2, we may withdraw from the contract upon becoming aware of facts indicating an unfavorable financial situation of the purchaser, without giving rise to any claims for compensation on the part of the purchaser.
9. Remscheid-Lüttringhausen.
10. Remscheid.
11.1 By placing an order, the purchaser agrees to our terms of sale and delivery and waives any deviating terms printed on, attached to, or otherwise communicated with their order form or purchase order.
11.2 The contractual relationship shall be governed by German law. Should individual provisions of the contract be invalid, the remaining provisions shall remain effective.
11.3 The purchaser’s rights arising from the contract are not transferable.
