General Terms and Conditions of Delivery
- For the present Contract and for all future deliveries or services, our General Terms and Conditions of Delivery and Payment, such as presented here, shall apply, even if the Customer considers otherwise.
In no way shall the Terms and Conditions of Order Placement of the Customer be binding. Counter-confirmations on the part of the Customer are herewith rejected and not accepted.
Our offers – including the pricing thereof – shall be subject to change without notice and shall not be binding. Orders shall only become binding for us upon confirmation of order.
- All prices shall exclude packaging. They shall not include transport costs, which are charged separately. Dispatch shall be unpaid. The respective value added tax required by law shall be added to all prices.
- Unless otherwise arranged in individual circumstances, our invoices shall be due for payment 30 days at the latest of the date of invoice without any deduction.
The purchase price shall be charged with 1% interest per month plus the respective value added tax required by law as from due date.
The right to assert further damages shall be retained.
Should the Customer default in whole or in part, all existing claims to payment on our part shall become due for immediate payment by the Customer. This shall also apply if bills of exchange are collected.
In this instance, we shall also be entitled to revoke the Contract or to demand security for our claims to payment.
- The goods shall be dispatched at the expense and risk of the Customer, even where we use our own means of transport.
- The Customer shall immediately examine incoming consignments for damages or defects or discrepancies to the contents contracted and to give us notification of any objections in this respect within one week of delivery.
In this sense delays in giving notification of a defect shall lead to a loss of claim, irrespective of the legal grounds on which the claim is based.
In the event of a substantiated objection lodged on time, we shall replace the parts that show errors in material or manufacture free of charge – upon return of the defective parts.
Any further claims – in particular claims for damages, cancellation of contract or deduction shall be ruled out, irrespective of the legal grounds from which said claims are derived, unless otherwise designated by imperative provisions of the law.
- Periods of time arranged for delivery shall relate to the point in time for delivery. If, for reasons for which we are responsible, a period of time for delivery fails to be complied with, the Customer shall be entitled to set an appropriate subsequent period for performance and if this expires without due performance, rescind the Contract. Any further claims to damages shall be ruled out.
Circumstances caused by force majeure, including such circumstances with our suppliers, shall not be our responsibility. In these cases, the period of time arranged for delivery shall be extended for the length of the prevalence of the circumstances caused by force majeure, granting an appropriate period for the recommencement of operations. This shall also apply if the circumstances caused by force majeure occur at a time in which we are in default.
Should the delay last for longer than six months, we shall be entitled, as shall be the Customer, to revoke or partially revoke the Contract. Further claims on the part of the Customer shall be ruled out in this instance, irrespective of the legal grounds on which they are based.
Force majeure shall denote in particular any intervention on the part of the authorities, difficulties with electrical power and raw materials, strikes, lockouts, accidents and warlike or similar events.
- If a period of time has been arranged for the Customer to inspect and accept the goods, we shall no longer be obliged to effect delivery if this period of time lapses.
Further claims subject to the law shall not be affected hereby.
- We shall retain title to all goods until all our claims derived from the business relations have been paid in full. For the event resale is permissible, the claims of the Customer in respect of its own customers to counter-performance for the resale and any other claims in respect of the goods shall be herewith assigned to us. The Customer shall bear all intervention costs.
In the event and to the extent the value of the collateral existing for our claims to payment is in excess of said claim by more thean 20%, we shall be obliged upon the request of the Customer to release the security subject to the choice of the Customer.
- The Customer shall only be entitled to offset or retain payment, where the claim for payment is undisputed or recognized by declaratory judgment. In all other respects the value of the amount retained shall not exceed the value of the counter-claim of the Customer.
Bills of exchange, cheques or other instruction papers shall only be collected subject to bill discounting facilities and only in the interests of payment. The costs of discounting and collection shall be borne by the Customer.
- If the Customer operates as commercial company, the place of jurisdiction shall be Walsrode – also for claims relating to bills of exchange and cheques. Any possible invalidity of any one of the present provisions shall not affect the efficacy of the remaining provisions.