General Terms and Conditions of Business
1. Terms and Conditions of Sale and Delivery
Before we are able to prepare an offer we need the customer to supply CAD data or drawings from which the geometry and size of the product can be derived. Precise information about the product’s finish, material, quality grade and similar are also needed. If the value of the order is EUR 30,000.00 net or more we are entitled to invoice a payment on account of up to 30% after manufacturing has commenced. Our offer is only valid when made in writing. All prices indicated are based on cost factors applicable on the date of calculation. If these should change up to the time of delivery we reserve the right to amend the prices. Additional goods and services will be invoiced separately. The customer’s Terms and Conditions of Business do not apply unless they are expressly recognised.
2. Delivery time
The delivery time we indicate is our best estimate but is not binding. Disruption to business operations of all types, but particularly all circumstances which render the execution of the orders we have accepted impossible or significantly more difficult entitle us to withdraw in whole or in part from these supply obligations, or to extend the delivery time correspondingly. In this case compensation for the customer by reason of non-performance is excluded.
3. Acceptance and despatch, transfer of risk - Warranty.
If acceptance has been agreed, the goods can only be collected immediately after notification that they are ready for despatch. We will rectify any defects within a reasonable period of time if they have not been caused by defective storage, natural wear and tear or handling. Any further claims for compensation by the purchaser are excluded. Complaints must be notified within 4 weeks of delivery. We must be notified immediately of any changes in design or cancellation of the order during manufacture of the workpiece. Costs incurred up to this time will be invoiced to the purchaser.
Risk passes to the purchaser when the goods are delivered to the transport company or the forwarding agent but not later than when they leave our factory. Claims for defects as to quality and claims for loss or damage which have not arisen directly to the item we supplied or the workpiece themselves (consequential loss or damage caused by defects) become time-barred after 12 months. This does not apply if the law stipulates longer periods which are compulsory. The limitation period commences with the acceptance of the goods. Complaints for obvious defects must be notified in writing within two weeks of the delivery of the goods or acceptance of the service. Warranty claims cannot be asserted after the end of this period.
4. Retention of title
All goods supplied remain the property of our company until all debts have been paid. Debts due to the purchaser from the onward sale of the goods subject to the retention of title are hereby assigned to our company. They act as security to the same extent as the goods subject to the retention of title. In the case of the sale of goods to which we have shared ownership, the debt is assigned in the amount of this shared ownership.
Unless otherwise agreed in writing, the invoiced amount must be paid without any deduction of a prompt payment discount within 10 days of receipt of the invoice but not later than 30 days after invoicing. Payments received are always used to settle the oldest account payable due for payment. In the event of late payment we will invoice the bank interest customary in the locality from the due date of payment as well as expenses for granting credit. Payment by bill of exchange is not accepted.
All orders are accepted and executed on the basis of these terms and conditions which also apply for future deliveries without this notification being repeated. Your terms and conditions of purchase attached to your enquiry or order do not apply. Special conditions which conflict with the above-mentioned Terms and Conditions of Sale and Delivery only apply if we have explicitly stated in writing that we agree with them.
Failure to object to these Terms and Conditions of Sale and Delivery signifies your acceptance of them. The place of performance for both parties is Schwarzach am Main. The sole place of jurisdiction is our company’s head office in 97359 Schwarzach am Main (i.e. the place of jurisdiction is Kitzingen or Würzburg).