Terms and conditions of sale, delivery and payment
The following delivery conditions apply to all transactions. Other conditions, including those of the buyer, shall only be binding for us if they have been explicitly accepted by us in writing.
Orders based on our non-binding offers are only regarded as accepted when they have been confirmed by us in writing. Agreements are to be drawn up in good time and in agreed partial amounts.
Unless agreed otherwise, delivery is made ex works at the customer's own risk. Deliveries that are in excess of or fall short of the ordered quantities by up to 10% remain reserved, whereby the actual delivery quantity shall be charged.
The goods remain our property until full payment has been made, in the case of payment by cheque or bill of exchange until redemption. In the event of resale or further processing of the delivered goods, the claims arising from the resale or resale of the processed goods shall be deemed to have been ceded to us until full payment has been made.
Any notifications of defects must be made immediately and be substantiated; they shall only be taken into account if they are received by us within 10 days of the date of dispatch. Should defects be found, we are entitled to provide a faultless replacement. Defects in part of the delivery cannot lead to a complaint about the entire delivery. Further claims, in particular claims for damages by the buyer or orderer, shall be excluded.
Delivery periods, even if they have been confirmed, are only approximate. Failure to comply with this does not entitle the customer to assert claims for damages or to cancel an order, even if there is a lack of interest in the delivery. Operational disruptions both within the company and with third parties, such as force majeure, fire, traffic obstacles, etc., as well as a lack of raw materials and auxiliary materials at the time of manufacture shall release us from the obligation to meet the delivery deadline; we are also entitled to withdraw from the contract with no obligation to provide replacements. In the event of a delay in delivery on our part, the purchaser or orderer is entitled to exercise the rights to which they are entitled to after setting a reasonable grace period.
All prices are quoted ex warehouse. We are entitled to change prices in the event of changes in exchange rates. Invoices are issued with the date of delivery; they are payable within 14 days of the date of invoice net or, if agreed, immediately upon receipt with discountable bills of exchange (free of charges for us). Bills of exchange and cheques are accepted on account of payment, not in place of payment. In the event of late payment or cheque returns or bills protested, all amounts shall become due immediately, including those for which there are bills of exchange. We are not obliged to make further deliveries before full payment of outstanding invoice amounts. Should the time allowed for payment be exceeded, we shall be entitled to charge default interest at standard bank interest rates. Payments and other obligations may not be withheld for any reason. Offsetting against any counter-claims is excluded.
Any infringement of contract entitles us to partial or complete withdrawal without fixing a deadline, irrespective of all other claims for damages to which we are otherwise entitled under these conditions and by law.
The extended and prolonged retention of title shall be considered as agreed upon.
In any event, the place of fulfilment and jurisdiction is Olpe. German law is applicable for business relations with foreign countries. If German rulings cannot be enforced in the home country of the buyer, the place of jurisdiction for any legal action against the buyer in this case shall be their place of residence.