General terms and conditions
1. General information
The following General Terms and Conditions of Business are an integral part of the contract with our customers. Contrary purchasing conditions of the buyer shall only become an integral part of the order if they are confirmed by us in writing. Our silence here is not an agreement.
2. Offer / conclusion of contract
Our offers are subject to change without notice and are aimed exclusively at traders, companies, institutions, authorities and public institutions. Orders placed by buyers are only binding for us if we confirm them in writing or comply with them by sending the goods or executing the order (acceptance of an offer). Verbal side agreements are only binding if we confirm them in writing. By placing an order, the customer undertakes to accept the ordered goods. We reserve the right of ownership and copyright for offers, associated documents and other organisational means bearing our logo. They may not be made accessible to third parties without our consent.
3. Delivery / transfer of risk
Partial deliveries are permitted. With the handing over of the goods to the freight forwarder or carrier, at the latest however with the leaving of our warehouse, the risk is transferred to the buyer even if freight-free delivery has been agreed upon. We make every effort to meet delivery deadlines. However, delivery dates are subject to change without notice, unless we have expressly designated them as binding in writing. Force majeure, special events which may call into question the smooth processing of the order, as well as impossibility for us or our suppliers through no fault of our own, in particular traffic and operational disruptions, industrial disputes or lack of materials, entitle us to withdraw from the contract in whole or in part or to postpone delivery without any claims arising from this for the customer.
4. Refusal of acceptance
Costs and damage caused by the customer's failure to accept the goods shall be at his expense, irrespective of the reason for non-acceptance. If the goods are taken back by us, the customer bears the risk of return transport.
The dispatch of the goods (including any return shipments) shall be at the expense and risk of the customer. In the interest of the buyer, the following must be observed: Shipments showing the slightest signs of robbery or damage on arrival may only be accepted under reserve. The freight forwarder or carrier must make a damage assessment (note on the consignment note). Insofar as the customer does not specify otherwise, the mode of dispatch is at our discretion. We do not assume any liability for the cheapest shipping. Packaging will be charged separately (at cost price).
Our prices are quoted ex works in EURO, excluding the costs for packaging, freight and any freight and value insurance. Our list prices valid on the day of delivery shall be deemed to be agreed, unless fixed prices have been expressly agreed. In case of calculation and other errors we reserve the right to correct our offer and invoice price. Value-added tax shall be invoiced separately and in accordance with the statutory provisions applicable on the day of delivery and performance.
7. Retention of title
Until all our claims arising from the business relationship have been satisfied in full, we reserve title to all goods delivered. Bills of exchange and cheques only lead to satisfaction when they are honoured. The customer is permitted to resell the goods subject to retention of title in the ordinary course of business. This permission is revocable. The resale may only take place against cash payment or retention of title. Any access by a third party to the goods delivered by us under retention of title is inadmissible. In the course of the assertion of our retention of title, we are entitled to demand the immediate surrender of the reserved goods, excluding any right of retention.
The buyer shall inspect the delivered goods immediately upon receipt with reasonable thoroughness; the defects detected in this respect shall be notified within a period of 7 days, enclosing our delivery note and stating the reason; in order to comply with the deadline, the notice of defects shall be received. If the buyer fails to make such immediate notification, the delivered goods shall be deemed to have been approved. As long as the buyer does not give us the opportunity to convince ourselves of the defect and, in particular, does not make the rejected goods or samples thereof available upon request, he may not invoke defects in the goods. In the event of a justified notice of defect, we have the right to either take back the defective item by crediting the amount invoiced for it or to replace it free of charge within a reasonable period of time or to remedy the defect by repairing it.
9. Obligation to inspect and warranty
A warranty for defects in goods delivered by us is limited to a period of six (6) months from the transfer of risk to the customer. The warranty begins with the date of delivery. In the event of a warranty claim, the purchase of the defective goods must be proven by the original proof of purchase. Warranty claims presuppose proof that the defect is not due to incorrect use or improper handling, incorrect or prolonged storage, improper care and cleaning, use of unsuitable fasteners as well as unsuitable tools or components supplied by third parties.
Properly ordered and delivered goods will not be taken back. In the case of freight-free returns, which are made with our consent, we reserve the right to deduct a discount of 20% of the amount to be reimbursed for administrative and storage costs incurred. However, it is a prerequisite that the goods are unused and in perfect original packaging. The taking back of goods which had to be procured at the express request of the customer, i. e. which are not part of our stock programme, is completely excluded. Cash settlement is excluded, the value of the return delivery or goods sent to us in exchange will be offset against later purchases.
Unless otherwise agreed, the customer shall pay in advance (advance payment). Public authorities and public institutions are supplied on account. Our invoices are payable within 14 days from date of invoice net. Payments will always be charged against the oldest due invoice. If the payment deadline is exceeded, at the latest after reminder, we are entitled to charge interest on arrears in the legal amount (according to § 288 BGB). We reserve the right to assert further damages for default. If a customer is in arrears with a payment or if his financial situation deteriorates significantly after the conclusion of the contract, all claims arising from the business relations shall become due for immediate cash payment, even in the event of a deferral. Withholding of payments or offsetting shall only be permissible if the customer's counterclaims are acknowledged by us in writing or legally binding. We reserve the right to accept credit cards and any other form of electronic payment. Advance payments from special purchases will be forfeited if the ordered goods are not collected within 4 weeks after being made available. The down payment is used to cover processing, return shipment and restocking at the supplier's premises.
12. Data storage / use
We are entitled to process all data about the buyer in the sense of the BDSG which we receive from the buyer himself or from third parties within the scope of or in connection with the business relationship.
13. Place of Performance and Jurisdiction
Place of performance and jurisdiction for both parties is Mettmann, Germany.
14. Final provision
German law shall prevail. Should individual provisions of these terms and conditions of business be null and void, this shall not affect the validity of the remaining provisions.