1. General Statements
The conditions hereinafter shall apply to all of our deliveries in transactions with the orderer. Other conditions shall only be binding on us if we have accepted them in writing. The delivery shall not constitute consent and verbal declarations of our representatives or salaried employees shall require our written confirmation.
Our offers are subject to change without notice and orders shall be deemed as accepted if we do not object 8 days after receipt of the order.
Our prices are ex warehouse without turnover tax, freight, packaging for shipping and insurance, etc. A discount shall not be granted on repairs or invoices under 25 euros and repair bills shall be payable immediately net.
The type of packaging is decided upon according to our expert determination. Packaging for shipping shall be charged at cost price. It shall only be taken back if we demand that it be returned for which we reserve the option of charging a deposit payment.
Shipping is always done on the orderer's account. In the absence of any other agreement, we shall determine the means of transport and the path of transport without being responsible for having chosen the fastest and least expensive option. We shall take the orderer's special requests into account (such as an accelerated form of shipping, special packaging or hiring a particular freight forwarder) for charging any additional costs wherever possible. The risk passes over to the orderer when we hand over the goods to the transporter.
Delivery periods shall only be binding if there is a written agreement. If the goods are not delivered within a period agreed to in writing and an appropriate additional period of time is not adhered to, the orderer shall be entitled to withdraw. Any claims to compensation for damage shall be ruled out to the extent that there is no compulsory legal liability. The prerequisite for maintaining periods for deliveries shall be the orderer adhering to the agreed to conditions of payment and other obligations. If it is not possible for us to adhere to the delivery period due to circumstances beyond our control such as natural catastrophes, war, insurrection, interference by public authorities, a lack of energy or labour disputes with us or our suppliers, the delivery period shall be extended immediately by the duration of said circumstances. Should the obstructing circumstances persist longer than 4 weeks, each contractual party shall be entitled to withdraw.
7. Complaints and Notices of Defects
We shall be notified without delay in writing of complaints due to identifiable defects or due to incomplete or incorrect deliveries, however no later than 5 days after receipt. We shall be notified in writing of other defects no later than 5 days after they have been discovered. The delivery shall be deemed approved if complaints are not announced or notice of defects is not given in due time. If they are announced in due time, the orderer’s claims shall be governed pursuant to items 8 and 9. Return goods shall only be received with an RMA number issued in advance.
We guarantee assured properties as well as the fact that the goods are free of faults as per state-of-the-art. We reserve the right to make modifications to design or execution that neither impair the functionality nor the value of the object ordered and they shall not justify complaints. The assurance of properties shall require our written declaration or confirmation in each case.
9. Liability with Defects
1. We shall be liable for defects in the delivery excluding other claims as follows with the exception of the lack of assured properties or with negligent obligations essential to the contract.
a) The legal warranty periods with new products from passing the risk shall be 24 months if used privately and 12 months if used commercially and/or professionally. If the goods are repaired or delivered in the framework of the warranty, this shall not trigger any new beginning of the warranty period.
b) The warranty period with used products from the passing of the risk and/or repairs shall be 12 months if used privately; the warranty shall be ruled out with commercial and/or professional use.
2. If supplementary performance is unsuccessful, the purchaser (who is not the consumer) shall only be entitled to the right to withdraw from the contract pursuant to Sections 440, 323, 326, Paragraph 1, Sentence 3 of Bürgerliches Gesetzbuch (German Civil Code) or to reduce the purchase price pursuant to Section 441 of Bürgerliches Gesetzbuch (German Civil Code) excluding all other claims.
3. The warranty does not extend to damage that occurs due to normal wear and tear, deficient installation and assembly work or faulty start-up (to the extent that we are not at fault), faulty or negligent treatment or service, improper demands and not complying with the assembly or operating instructions and the appropriate standards. The warranty shall in particular not extend to wear and tear on wear parts. Wear parts are all rotating parts, all drive components and tools. These warranty claims shall also expire if the orderer or a third party has undertaken modification or repair work without our consent.
4. All warranty claims shall be omitted if the purchaser does not give us any opportunity or the appropriate time to convince ourselves of the defect and possibly provide the necessary supplementary performance (subsequent improvement or substitute delivery).
5. Other claims of the purchaser, in particular due to the lack of assured properties or due to damage that did not occur to the delivery item itself, shall be ruled out to the extent that this is legally permissible. The commercial customer shall not be entitled to any rights due to an immaterial defect. Otherwise, the commercial customer can only demand subsequent improvement.
6. The selection of the private customer may not be disproportionate with reference to the seriousness of the defect and costs of the subsequent improvement. Prior utilisation shall be counted in the event of exchanging the unit.
10. Reservation of Title
The goods delivered by us shall remain our property until the orderer has paid all demands that we have against the orderer. Bills of exchange and checks shall only be deemed payment after they have been redeemed. The orderer may sell the goods that we have reserved the property to in the framework of ordinary business operations unless the orderer is in default in payment or payment has been ceased. The orderer may not pledge the goods or pass title for safety. Any levies of execution on the goods subject to reservation shall be announced to us without delay attaching the bailiff's return (in copy). If there are claims towards third parties due to damage to or the destruction of the goods that have not been completely paid yet, the orderer shall assign the orderer's claims to payment therefrom to us now. The goods shall also be under the reservation of title if they go into a different object after the sale. If the orderer's demands from the further sale of our goods under the reservation of title are included in a current account, the orderer shall assign the orderer's claim to payment now amounting to each balance and the recognised balance at the amount of our demands against the orderer. The orderer may collect the demands assigned to us unless the orderer is in default in payment or has ceased payment. If the value of the security conceded us is more than 20% in excess of our demands against the orderer, we shall be obliged to this extent to release it at the orderer's demand.
Our invoices shall be payable strictly net 30 days after the date of the invoice or within 8 days from the date of the invoice at 2% cash discount. We grant 3% cash discount in case of bank collection. Repair invoices and invoices that are based on net price agreements shall be due for payment immediately strictly net. Payments are always set off against the oldest invoice. If the period for payment is exceeded, we shall have the right to charge interest amounting to the legal interest rate from this point in time, even without a warning. This interest rate shall be set higher if we can prove an encumbrance at a higher interest rate. We reserve ourselves the right to handle orders valued at less than 50 euros as well as orders from customers that are not known to us cash on delivery. If checks and bills of exchange are not redeemed, if payment is ceased and if a procedure is introduced serving the purpose of regulating debts, all of our demands shall be due for payment immediately, even in the case of allowing additional time for performance. Furthermore, these circumstances entitle us to send still outstanding deliveries cash on delivery or to demand cash before delivery or payments of security for them. If there is further delay in payment, we shall be entitled to withdraw from the contract or demand compensation for damage due to non-performance. Payments of bills of exchange shall require prior agreement. Deduction of cash discount shall not be granted for payments via bills of exchange. Payments may only be made to ourselves or persons expressly legitimised in writing or legitimised by power to collect. The orderer can only set off with demands that have been determined to be undisputed or final and conclusive.
12. Other claims
In the absence of any other determination in these conditions, the orderer’s claims to compensation for damage shall be ruled out, in particular those due to positive contract violations or due to culpability when the contract was signed - to the extent that liability is not mandatorily ordered by the law.
13. Place of Performance and Venue
The place of performance for deliveries shall be the location of each warehouse. The venue shall be Leipzig, Germany provided that the orderer is a fully qualified merchant. We reserve ourselves the option of bringing action at the orderer’s headquarters.