General terms and conditions
General terms and conditions
The general terms of delivery shall exclusively be valid and shall be the basis for this contract as well as subsequent contracts between the supplier and the Buyer. Conditions of the Buyer diverging from the supplier`s general terms of delivery shall not be valid.
2. Conclusion of a Contract
Orders issued by the buyer based on a valid offer shall be binding. The supplier can accept the order at his discretion either by sending an order acknowledgement or by sending the goods to the agreed delivery address.
For each item that requires order specific manufacturing shall the buyer be entitled to deliver and charge quantity deviations as per the following:
1 to 4 pc. = ± 1 pc.
5 to 12 pc. = ± 2 pc.
13 to 30 pc. = ± 3 pc.
over 30 pc. = ± 5 %
Minimum order value is set at 100.00 EUR (net value). For orders which fall below this threshold a surcharge of 50.00 EUR shall be applied and will be stated separately on the invoice.
Stated prices are valid for delivery from work, including package, sales tax and insurance.
The prices are based on effective wages, expenses and exchange rates of the day of the order confirmation. In case of significant increases until delivery, the supplier reserves the right to adapt prices accordingly.
If not otherwise arranged, payments are to be achieved within 30 days from billing date without deduction. The payment is only then regarded as achieved in time if the supplier obtains the full amount within agreed period.
The supplier is entitled to request appropriate partial installments for already performed services. In this case delays in delivery can only be claimed from receipt of balancing payment.
For any partial delivery separate invoices shall be issued based on agreed payment terms.
5. Shipment, Passing of Risk
The supplier shall choose the way and the means of transport. Transport costs and, in case of special packing, also packing costs, shall be borne by the buyer. The risk shall pass to the transport agent or any other person charged with the transport, at the moment when the goods are handed over.
The supplier shall, at his discretion, either repair the goods which are faulty at the moment of passing of the risk or replace them by faultless goods. The buyer shall inform the supplier about any defects immediately after detection.
The buyer is legally entitled to rescission of the contract taking into account exceptional legal cases in case of a lapse of a reasonable extension period granted to the supplier. For any minor defects, the buyer has only the right to claim reduction of the purchase price. Such claim is otherwise excluded.
As to other damages not directly related to the delivered goods the supplier is liable only if done intentionally, or in case of an act of gross negligence committed by corporate officer or a director or a culpable violation of life, health, body injury, or fraudulent concealment of defects or guaranteed absence of such defects, or for defects of the delivered goods subject to the scope of Product Liability Act for personal injuries and damages to property regarding goods for private use as to a negligent violation of substantial contractual obligations. The supplier is liable also for gross negligence committed by executive staff and for slight negligence. In the latter case liability is limited to the damage typical for such contract and reasonably foreseeable. Further claims are excluded.
8. Retention of Title
Ownership of all goods delivered is retained by the supplier until each and every claim against the buyer originating in the business relations has been duly satisfied. Prior to this event, goods may not be pledged or given as security and may only be resold by resellers in the normal course of business.
9. Statute of Limitations
All claims of the buyer are subject to a 12 month limitation period. In case of fraudulent behaviour statutory periods shall be applied according to the Product Liability Act.
10. Export Restrictions
The buyer is advised of the fact that the export of the goods, parts and components delivered by the supplier – e. g. because of their type or their purpose of use – may be subject to authorization by the supplier.
11. Place of Performance and Jurisdiction, Applicable Law
Place of fulfillment is D-98590 Schwallungen, place of jurisdiction is D-98617 Meiningen