Delivery and Payment Conditions
The sale of our products shall rely entirely on these conditions. To the extent that the delivery and payment conditions of the Purchaser do not correspond to the following conditions or the content of the order confirmation, any conditions stipulated by the Purchaser shall be deemed objected to and excluded.
Delivery time shall run as from the time of receipt of the final order by our company (only working days are deemed days).
In the event of a delayed delivery, the Purchaser may resign from the agreement, after having granted an appropriate grace period which passed fruitlessly.
In the event of a delayed delivery neither wilfully nor gross negligently caused by us (or by the supplier), any right to compensation shall be excluded, in particular if such delay is a result of force majeure, delay of transport, breakdown or other such reasons.
We shall be entitled to partial deliveries, in particular in the event of larger orders, if the Purchaser does not claim that this is unreasonable.
Delivery shall be made ex works Worms, Germany. Any freight costs and transport insurance costs shall be borne by the Purchaser.
Normal packaging shall not be invoiced. In the event of special packaging in boxes or shacks, the prime costs thereof shall be invoiced; in the event of a freight-paid resending, two thirds of such amount shall be credited. The exports costs shall be invoiced in their entirety and cannot be repaid.
Notification of defects:
Any obvious defects must be notified within a period of one week after transfer of the object. In the event of transport damages, the Purchaser must have an accident report prepared by the carrier (railway company, freight forwarder etc.) within the period applicable for the transport industry and to present such report to the Seller. Without presentation of an accident report, no substitute delivery can be made. If a justified notification of defect is made within 6 months as of the delivery date, we shall repair the product or make a substitute delivery. In the event of fruitless repair or substitute delivery, the Purchaser may resign from the purchase agreement or request a reduction of the price, at its own discretion.
Any oral agreements or agreements via telephone or telegram must be confirmed in writing in order to be valid.
Invoices shall become due for payment 21 days after the invoice date without any deduction being applicable.
If the Purchaser does not comply with this period, it shall be obliged to compensate us for the interest costs arising to us (at least, however, the statutory default interest).
All prices shall apply ex manufacturer's works and shall not include the applicable VAT.
Retention of title:
Title to the product delivered by us shall remain with us until the full purchase price is paid. This shall even apply if the product is delivered in order to be sold further. In the event of a further sale, the purchase price claim shall be deemed assigned to us. The risk of wear and tear as well as the risk of damage shall be borne by the Purchaser. Acceptances, bills of exchange as well as cheques will only be deemed payment when cashed.
Place of jurisdiction / place of performance:
Place of performance and place of jurisdiction for any and all disputes arising out of the contractual relationship shall be Worms, Germany, to the extent that the Purchaser is a merchant, a legal entity of public law or a special fund under public law.
Place of delivery shall be the registered office of the Seller; in the event of a delivery ex the manufacturer’s works (dispatching sales), the risk shall pass to the Purchaser at the time of transfer to the forwarder or other person responsible for conducting the transport. The costs of the dispatch shall be borne by the Purchaser.
If individual provisions of these general terms and conditions shall be or become invalid, this shall not affect the validity of the remaining provisions or of the entire legal transaction.
The Purchaser acknowledges that its data is stored in the EDP system.
German law shall exclusively apply.