General sales and delivery conditions
1. Offers: Our offers are regarding the possibility of delivery. Prices and delivery times are always subject to change. The prices valid on the day of delivery will be charged.
2. Acceptance of orders: Received orders, both written and verbal – also via our representatives – are only binding on us if we have confirmed them in writing or have started to implement them. We reserve the right to make technical changes to the individual versions of our list items. We are permitted to make partial deliveries as well as reasonable over- and under-deliveries of the ordered quantity of goods.
3. Prices: Our prices are subject to change and non-binding in the currency specified in the lists or offers. The pricing applies unpackaged ex works.
4. Terms of payment: New customers must pay in advance. The invoice will only be activated from the 3rd successfully completed order. Thereafter, our invoices are to be paid within 14 days without deduction. (Or as individually agreed) The delivered goods remain our property until the agreed price has been paid in full. They may not be pledged or assigned as security beforehand without our consent. Title will remain intact even if the buyer processes, further processes or resells the goods. The buyer takes direct possession of the goods as a trustee custodian for us. In the event of intervention by the buyer’s creditors, in particular in the event of a seizure, the buyer must notify us immediately by registered letter and bear all costs of measures to prevent this intervention. If the buyer encounters payment difficulties, we are entitled to demand the immediate return of the goods or to prohibit further use or sale. In court composition or bankruptcy proceedings of the buyer, we are entitled to segregate the reserved goods at any time.
5. Delivery times: We provide information on delivery times to the best of our knowledge, but are only approximate and always non-binding. In particular, the following circumstances release us from meeting the delivery times: Late provision of raw materials, auxiliary materials and fuel, workers or transport ordered in good time, all cases of force majeure (malfunctions, strikes, unrest, war and the like); Manufacturing scrap and unforeseen technical difficulties and regulatory actions. We shall not be held responsible for any losses or disadvantages incurred by the buyer as a result of late delivery; The buyer is not entitled to claims for damages. The exclusion of claims for damages in the case of gross negligence and intent is not effective. In the case of orders placed, including call-off orders, the ordered goods must be accepted no later than 6 months after the order was placed. After this period has expired, we are entitled to demand payment for the entirety of the goods, including those that have not yet been called off.
6. Changing and withholding orders and withdrawing from the purchase contract: Order changes and withdrawals require our express consent. Orders for custom-made products or orders for production according to special regulations can neither be changed nor revoked. We are entitled to withdraw from the purchase contract in the following cases without paying the buyer any compensation: If difficulties arise in the manufacture or procurement of materials, which would require unforeseen resources or costs to overcome; in the event of damage to the generating facilities, the repair of which would entail costs that are significant in relation to the order; in the event of a shutdown of more than 30 days.
7. Dispatch conditions: Dispatch takes place in all cases at the customer’s risk, even if the price is free on board (FOB). Free port of destination (cif), free station of destination or free post office of destination. Therefore, if goods are lost, mixed up or damaged during transport, we will not be liable for the damage. Basically, we ship uninsured. The transport will only be insured at the express request of the customer. The buyer carries the costs. In the event of loss, it is up to our customers to lodge a complaint with the post office, the railway, the shipping company or the forwarding agent and to have the loss officially recorded.
8. Security: If the customer’s ability to pay gives cause for concern, we reserve the right to demand payment in advance, to withdraw from the transaction at any time and to recall shipments that have already been dispatched.
9. Complaints about defects and warranty: Complaints about hidden defects are only permitted within 14 days of arrival of the shipment at the destination and must be reported to us immediately by registered letter