General terms and conditions
1st Order placement
By placing an order in whatever form, the customer expressly accepts our terms and conditions of delivery and performance. All changes to these terms and conditions must be made in writing and are only valid if confirmed by us in writing.
In the case of a first order we only deliver after payment in advance. Invoices for the repair of equipment, repairs or the delivery of spare parts are due and payable immediately upon receipt of the invoice without any deduction. We are entitled to make the delivery and performance dependent on concurrent payments. Set-off or retention against our payment claims are excluded. The customer shall bear any additional costs for subsequent requested changes to the order placed with us. The prices offered by us are net prices plus the statutory value added tax valid on the day of delivery. Discount deductions are not permitted.
3. Notifications of defects
Complaints about the devices supplied by us, the repairs carried out by us and the spare parts supplied by us can only be taken into account if they are notified to us in writing within 8 days after receipt of the delivery and service. In the event of a complaint about devices or spare parts, we must be able to examine the alleged defect. The equipment or spare parts must be handed over to us for inspection in 40789 Monheim. In the event of justified complaints, we shall be entitled to choose between rectification of defects or replacement delivery. Assignment of warranty claims is only permitted with our written consent.
In accordance with a long-standing practice of our branch of industry, claims for damages of all kinds, irrespective of the legal basis on which they are derived, in particular claims arising from culpa in contrahendo at the time of conclusion of the contract, from positive breach of contract and from tort, as far as legally permissible, against us, our vicarious agents and auxiliary persons are excluded. Application, use and processing of the delivered goods is the sole responsibility of the buyer. Each buyer and user of the equipment supplied by us is therefore responsible for compliance with the applicable safety regulations and official regulations when using the equipment. Advice to the Seller on application technology, whether verbally or in writing, is to be understood as non-binding advice only, even with regard to any third party industrial property rights.
In other words, it does not release the buyer from his own examination of the products with regard to their suitability for the intended processes and purposes. Should a liability of the seller nevertheless come into consideration, this is limited to the value of the delivered goods, in the case of repairs to the work fee. Further claims are expressly excluded. Section 276 para. 2 BGB (German Civil Code) remains unaffected. No liability is assumed for goods intended for immediate consumption. The liability of the supplier is limited to defects which occur within one year after delivery.
4 Retention of title
The delivered goods remain our property until complete payment of all claims arising from our business relationship. Default interest on late payment is 10 %. The retention of title shall also extend to the processing or processing or new items that are deemed to have been produced for us and to which we acquire ownership or co-ownership in the value share of our goods subject to retention of title at the time of processing or processing or combination, without any special declaration being required. The buyer assigns to us his share of ownership or co-ownership of the newly created goods against his client according to the value share of the goods delivered by us. We hereby accept the assignment. We are entitled to demand the surrender of the reserved goods if the buyer defaults on his payment obligations. The assertion of the retention of title does not constitute a withdrawal from the purchase contract. The recipient of our goods or services must inform us immediately of all measures taken by third parties that endanger our rights (eg. seizures).
Supplementary agreements or warranted characteristics of any kind shall only be effective if we have acknowledged them in writing. We are entitled to correct obvious errors in offers, order confirmations and invoices by written notification to the customer. The place of performance and jurisdiction is Langenfeld/Rhld, Germany, insofar as they are merchants within the meaning of the German Commercial Code (HGB).