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Generically |
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1.1 |
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The following conditions apply for all contracts, deliveries and other services in business dealings with other companies.
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1.2 |
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Our conditions apply soley. Business conditions of the
ordering company don´t apply to us. Conditions which do aberrate from
our conditions never will be accepted, even though we are not
respeak them explicitly.
Other conditions do need a written agreement.
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1.3 |
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In additon all regulations of the association of german electro technics apply for all contracts, delieries and other servieces.
An aberration to this rules is tolerable, if the security is still warranted.
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1.4 |
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With placing of orders, the ordering person or company accepts these conditions, for all placing of orders in the future too.
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| 2. |
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Offering and Contract |
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2.1 |
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Our offers are non-binding. The contract will be achieved with our acceptance of order or with the execution of the order.
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2.2 |
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Product descriptions and technical data are made with our best knowledge, but are still non-binding.
Samples and sketches of our products will stay our property and are under copyright law even though we give it away.
Descriptions of our products will be valid only if the description is part of our written contract.
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2.3 |
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In the acceptance of order, the listed amount of items can
be different form the original ordered amount, but only in the range of
+/-10%.
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2.4 |
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In case of terminating a contract or refusal to fulfil the contract we assert a compensation.
This will be an all-in amount of 15% from the gross-value of the gross-contract value.
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| 3. |
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Delivery |
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3.1 |
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The ordering company or person must pay the
transport cost and takes the risk of the transport. An insurance
concering the transport will be only concluded if the ordering party
does wish that. The costs will be added to the invoice.
We choose the best way of shipment.
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3.2 |
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The risk of transport, even in cost free delivery, will
pass over to the transport comapany, when the goods are handled over to
the transport company.
The risk will pass over to the ordering party, when she takes the goods.
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3.3 |
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If the delivery or the acceptance of the goods will be
delayed and the ordering party is the cause of this, the risk of
transport passes over to the ordering party.
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3.4 |
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To observe the deadline of delivery the ordering party
must send all nesseary documents in time, especially sketches of the
connection concept (Anschlußpläne)
If a delay is happening concerning this matter, the deadline of delivery will be shifted to an adequately date.
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3.5 |
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A deadline of delivery is only binding to us, if we had send a written acceptance.
If
we are in delay of delivering the goods, the ordering party can set a
new deadline, which must be at least two week long. If we can´t deliver
until this last deadline, the ordering party can recede from the
contract. |
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3.6 |
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The ordering party is obligated to tell us in an adequate
time, if the contract is still valid or not, even though the deadline
of delivery has passed already.
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3.7 |
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The deadline of delivery is adhered, if the goods left our
production site before that date, or if we have told the ordering
party before that date, that the good are ready for delivery.
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3.8 |
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If it is reasonable to send a part of the whole ordering in advance, we can invoice this delivery separatly.
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3.9 |
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In case of force majeure (war, strike, fire, water) the deadline will be shifted adequaltly.
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3.10 |
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In case of a delay of the delivery, the ordering party can get a compensation, but only if she makes this loss plausible.
The compensation can be in the range of 0,5% up to a maximum of 5% of
the invoice, but only for the goods which are delayed and for which a
period of grace was set.
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3.11 |
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Compensations for delaying of delivery, which should be higher then described in No. 3.10, are excluded. |
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3.12 |
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To observe the deadline of delivery we must assume that the ordering party fulfils their obligations in time. |
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| 4. |
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Prices and payments
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4.1 |
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The prices in our offers and acceptance of orders are factory prices, exclusive of wrapping, and will be increased by sales tax.
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4.2 |
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Handling charge and cost of shipment
Net order value charge
< 50,-
€
12,50 €
< 500,- € 6,00 €
We have special conditions for export, which needs our acceptance normally.
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4.3 |
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If a delivery was meant to be collected by the ordering
party, but instead was to send later to the ordering party, the normal
shipment costs will be added to the invoice, but only if the ordering
party did wish a delivering.
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4.4 |
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30 days after the date of delivery the payment must be done.
If the payment takes place in 14 days a discount of 2% will be given.
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4.5 |
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The kind of shipment can be subject to change without notice.
We can either deliver with payment at delivery or deliver with prepayment. In both cases we will give a discount of 3%.
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4.6 |
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If no payment in that 30 days occurs, default charges (8%
above the base rate of the European Central Bank) will be added to the
invoice.
We also prove if the damage by delay is not higher, and calculate an extra charge by this evaluation.
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4.7 |
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The ordering party can get a compensation only with a correct counter-claim, which is
undoubted by us and final.
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4.8 |
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In case of delay in payment or if we get notice of cash
flow problems, we are authorised to invoice all outstanding debits
directly. Also we are authorised to deliver only with prepayment.
If no payment occurs in 14 days we are authorised to terminate the contract(s).
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| 5. |
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Delivery on request and "Rahmenaufträge", custom made
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5.1 |
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If only a part of the order will be requested in advance, a written acceptance is needed.
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5.2 |
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We have a right of completion of the complete order.
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5.3 |
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On terminating the contract or on refusal to fulfil the contract No.2.4 applies.
In case we don´t request any compensation we are authorised to invoice
the price of the items, which are delivered already, to the base-price,
which usally will be invoiced for that amount of items.
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5.4 |
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If the item is custom made, we will insist in any case on fulfilment of the contract. |
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| 6. |
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Defects |
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6.1 |
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The ordering party is not authorised to deny the delivery because of minor defects.
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6.2 |
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Complaints because of wrong or incomplete delivery
or other obvious defects and also because of the missing of an assured
feature must be anounced to us in 8 working days in a written document.
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6.3 |
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Defects which were not detectable after provement
according to the rules, must be anounced in 8 days to us in a written
document.
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6.4 |
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If the defects are not anounced in time to us, any compensation is excluded.
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6.5 |
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It is no defect if the ordering party recognises that the ordered device is not compatible to their other apparatus and devices.
The ordering party can check in advance with our documents if the device is compatible.
We assume the correct knowledge of the ordering party.
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6.6 |
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Defects which are anounced in time will be regulated either
through rework of the defect device or we will replace the defect
device.
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6.7 |
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The ordering party is only authorised to hold back a part
of the payment if the defect is absolutely certain and in this case
only an adequately part of the payment can be not payed.
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6.8 |
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The ordering party is authorised to terminated the
contract or to demand a lower charge, if it is not possible to rework
or replace the defect device.
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6.9 |
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It is only possible to stake out a claim, if only a minor deviation to the agreed quality exists.
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6.10 |
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No claims are possible, if the ordering party make
improper changes and repairs of a device. This applies also if
complication are due to that improper changes and repairs.
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6.11 |
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The warranty is 1 year, and starts with the the date of delivery.
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6.12 |
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The warranty expires in case of improper use or handling.
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6.13 |
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In case of indirect or direct damages compensation is excluded.
Only in case of intention or culpable negligence claims can be stated. |
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| 7. |
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Conditional sale
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7.1 |
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All delivered goods stays our property until all claims resulting from this business conection are accomplished.
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7.2 |
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In case of conditional sale no pledge of goods can be realised by the ordering party also no Sicherungsübereigung.
The ordering party is only allowed to sell the goods in normal course of business or
to process these goods, but she must make sure that she will
recieve a payment from his customer or that she make the restriction,
that the goods will be the property of the new customers only in case
the new customer had paid for these goods.
The ordering party hands over this demand when the contract with us is valid.
We must free some of the backup-rights, if the value of all backup-rights is 20% higher then our actual demand.
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7.3 |
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The ordering party must notify us in case of pledge, or impoundment, or other regulations or mandatory injunction.
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7.4 |
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In case of delinquency of the ordering party, especially
if payment is delayed and after expiration of a deadline for payment,
we are authorised to terminate the contract.
The ordering party is beholden to return the goods.
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| 8. |
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Place of jurisdication, applicable law
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8.1 |
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The sole place of jurisdication is Bonn.
But we are also authorised to sue at the place of the ordering party.
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8.2 |
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The contract partners are only subject to german regulations.
Contracts concering international merchandise purchases are excluded from this rule.
(UN-Kaufrechtsabkommen, CISG) |
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| 9. |
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Indebtedness
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9.1 |
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The ineffectualness of single components of the contract has no influence to all other components of the contract.
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9.2 |
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All changes to this rules must be documented in the written form.
Changes to this rule must be documented in the written form too.
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