Allgemeine Verkaufs- und Lieferbedingungen
All offers are without obligation and non-binding
Orders, whether placed verbally or in writing, are only accepted once they have been in written form
confirmed. The content of this confirmation, which will be provided within a reasonable period of time, is relevant for the transaction. Our Invoices are to be regarded as written confirmations.
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Only our rder confirmations are binding for pricing. If material costs or wages
increase during processing, these can be taken into account when issuing
invoices in accordance with the costs valid on the day of delivery.
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Complaints must be made within a preclusive period of 8 days after receipt of the goods.
In the event of verifiable defects in the delivered goods, the customer shall initially be entitled to
replacement deliveries in accordance with the provisions of No. 5 of the Terms and Conditions.
In the event that two replacement deliveries fail, we reserve the right to rescind the contract and/or reduce the purchase price.
Any further liability on our part for damages or compensation is excluded in this context.
The customer shall bear all costs and
expenses incurred in connection with the replacement delivery.
Unless otherwise agreed, deliveries shall be made in standard commercial quality. The tolerances claimed by the suppliers with regard to thickness, other dimensions, defects, etc. are also claimed by us. It is not possible to adhere to exact quantities; excess or shortfall quantities of up to 10% shall not be subject to complaint.
We reserve the right of ownership of the goods delivered by us until full
payment of the entire claim. We expressly reserve the right to retain ownership of all delivered
goods, even in processed form, until final
payment has been made, in proportion to the value of the
delivered goods to the value of the
manufactured product. When the goods belonging to us are sold, they are replaced by the claim against the third-party purchaserwithout the need for an express declaration by the client. We shall be entitled to demand the return of the delivered goods if bankruptcy proceedings or judicial or extrajudicial composition proceedings are initiated against the buyer's assets. The return of goods may also be demanded if the buyer defaults on payment or otherwise acts contrary to the terms of delivery and payment. The reclamation and return of goods shall only be deemed a withdrawal from the contract if this is declared by us in written form .
The place of performance is Schwäbisch Hall-Sulzdorfand the place of jurisdiction for claims arising from the business relationship with registered traders is Schwäbisch Hall.
Delivery option remains reserved.If necessary, the user shall make reasonable efforts to find alternative coverage. Individually agreed information about delivery times are always approximate deadlines.Any liability for damages arising from alleged late delivery is excluded in cases of simple negligence.
Packaging will only be accepted for return if it is undamaged. Damaged packaging or parts thereof must be disposed of by the customer themselves. An agreement must be made with the manufacturer regarding return transport.
Sales are made subject to creditworthiness and solvency. If it transpires that these conditions did not exist or no longer exist, we reserve the right to withdraw from the sale or to change the terms and conditions of sale at any time. We may also withdraw from the contractwithout liability for damages if circumstances arise which, through no fault of our own, make it impossible for us to deliver the goods on time or in the proper manner.
The liability for damages arising from the performance of the contract shall only apply in cases of intent and gross negligence. This shall also apply if the intentional breach of contract is based on the conduct of a legal representative or vicarious agent of the user. The legal representatives, vicarious agents, and employees of the user shall only be liable to the contractual partner in cases of intent and negligence. In the event of disruptions to the agreed contract execution due to force majeure,operational disruptions through no fault of our own, and labor disputes that affect compliance with agreed delivery deadlines, the user shall be entitled, after notifying the client, to determine an extension of the deadline appropriate to the individual case. Claims for damages are limited to the products manufactured by us.We accept no liability for consequential damages such as installation costs, downtime costs, or any other costs that may arise.
All risks associated with transport from the factory, even in the case of carriage paid delivery, shall be at the expense of the recipient. Insurance against breakage and transport risks will only be taken out upon special request and at the customer's expense.
The invoice amounts are payable payable free of charges and without deduction in accordance with our respective terms and conditions. Bills of exchange and checks are only considered payment on the day they are cashed. Cash discounts are only granted on the net value of goods invoiced. No discounts are granted for freight, packaging, etc. Any terms and conditions of the buyer that deviate from the above provisions shall not be binding on us, even if we have not expressly rejected them.
In accordance with the Federal Data Protection Act, it is agreed that data required for the processing of the business relationship will be stored in computer system Should any provision of these terms and conditions or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
As of August 2009