Conditions

Terms and Conditions


1. Effectiveness of the sales, terms of delivery and payment terms
a) Following conditions form the basis of all our offers, contracts, arrangements and deliveries; they count also if we do not refer in the isolated case expressly to them, latest by placing of order or acceptance of the delivery as from the customer approved. With our conditions the meeting conditions of the customer which we do not recognise expressly in writing are non-binding for us, even if we do not contradict them expressly. As far as in these conditions nothing else is regulated, the legal regulations come to the application.

b) As call orders can be looked only such orders of whose whole order amount is ordered with placing of order or at the latest within 12 weeks after order date by plan of delivery, and their whole order amount is taken within 12 months after placing of order (see Pkt. 10.). Different-being arrangements need our written approval.

c) If failure patterns are sent to the customer and good findings are, these are authoritative for the execution and with it integral component of the contract.

d) A right of return counts to all orders according to distant sales law.

2. Offer
Our offers are not-binding.

3. Prize basis
The prices count in euro, including standard packaging. The orders for which we have not expressly agreed on steady prices are calculated for the prices valid in the delivery date. If a change of the standard wages enters, rate salaries, the material or energy costs up to the delivery date, we reserve ourselves a suitable prize correction. The prices are not obliging for repeat orders. All changes entering after completion of the contract of the agreed foreign currency or the exchange rate in EURO meet the customer. If enclosed additional costs, as for example carriage costs, consular costs increase in the price etc. after sending the confirmation of order or those originate anew, these add-on costs go to loads of the customer. Orders from the trader's area are worked on only from an order sum of 200 euro per order. Orders from the wholesaler's shop are worked on only from an order value of 1,500 euro. With orders under the above mentioned borders we reserve ourselves to work on the order to the conditions valid then of the higher prize group.

4. Terms of delivery, dates of delivery
Terms of delivery and dates of delivery are - provided that differently does not agree - than to understand approximate regulation of the delivery time. Terms of delivery begin with the date of the confirmation of order, however, not, before all agreed or usually necessary conditions are fulfilled by the customer and all details of the executions are clarified. The term of delivery counts as kept if till the end of the agreed delivery time the product has left the work or is announced to sending possibility the dispatch readiness of the product. By untimely delivery this is authoritative and not the originally agreed time. Right and timely selfsupply is reserved a .The delivery time is extended - also within a delay of delivery - adequate by the entry of unpredictable obstacles which we could not turn away in spite of after the circumstances of the case reasonable care - all the same, whether or with our suppliers to stamped ones. As obstacles of this kind, e.g., operational disturbances, delay count in the delivery of essential raw materials and building materials, strike and lockout. We will immediately inform the customer of such obstacles. By the later contract changes which can affect the delivery time this is extended, provided that special arrangements are not met over here, accordingly. Step above mentioned obstacles with the customer one, so the same legal results also count to his decrease obligation. Nevertheless, the customer can appeal only to these obstacles if he informs us immediately.

5. Force majeure
By entry of force majeure or other unpredictable events we become free of our obligation of delivery, without the customer can derive some rights from it.

6. Stay and annulment of the order
a) A stay or annulment of the order is allowed only on account of a special arrangement with us.
b) With a partial or complete stay or annulment of the order we are entitled to calculate the price valid for the already delivered amount after.
c) From us already made parts and referring raw material are charged to the customer with a stay or annulment of the order in every case. There remains to an arrangement leave whether precast parts are brought as half-done parts or finished parts to the delivery.
d) With a stay or annulment of the order the costs are charged for failure pattern and tools to the customer by full height. With a renewing of stayed or cancelled order the paid costs are credited to the customer again.

7. Tools and models
Tools and models, stamps and pressure presentations are charged basically apart by the goods value. They are to be paid with the required broadcasting of the failure pattern or with the first goods delivery, untill other arrangements were met in writing with the customer. By reimbursement for tools and models, stamps and pressure presentations the customer acquires no claim to this, they remain rather in our property and possession. For the rest, we can dispose of this freely.

8. Dispatch and danger crossing
If the product is dispatched by request of the customer, the danger of the accidental setting and the accidental deterioration of the product on the customer goes with her delivery to the dispatch representative, at the latest however, with abandonment of the work no matter whether the sending occurs from the place of fulfilment or who carries the sending costs. If the product is ready for sending and is delayed the sending or the decrease for reasons of which we do not have to represent, the danger already goes over in announcement of the dispatch readiness on the customer. The kind of the sending lies in our judgement and we take into consideration special wishes of the customer possibly.

9. Decrease of the product
Only with explicit arrangement the decrease of the product occurs through the customer in the work of delivery with dispatch readiness. The customer carries the personal decrease costs, the objective decrease costs (including certificate) are calculated if they are not included in the price. After decrease of the product is the rebuke of defects which are noticeable with the agreed kind of the decrease is excluded. If the decrease does not occur, not on time or not completely, we are entitled to dispatch the product without decrease at the expenses of and danger of the customer or to camp down. Then the product counts with sending or storage as in every regard vertragsgemäß delivered.

10. Part deliveries, call contracts
Part deliveries are permitted, every part delivery counts as an independent delivery. With call contracts the customer is obliged to inform us of calls on time. It is not called away on time or is divided, we are entitled after futile extension settlement to budget independently and to deliver or to withdraw from the not yet full part of the contract and to require substitute to us thereby of originating failure.

11. Weights and measures
Measures and weights which are included in our pictures, drawings, catalogues, documents etc. are to be understood only as approximate. Changes or improvements are left.

12. Payment terms
Our invoices are payable at cash in advance with 3% of discount payment or within 8 days after invoice date with 2% of discount payment or within 30 days net. With purpose excesses interest is calculated at the rate of 2% about the minimum lending rate of the Central Bank. LCC’s are not accepted. All our demands become due immediately if the payment terms are not kept, payment trouble with the customer arises or becomes known to us circumstances, are suited in general to diminish the creditworthiness of the customer. Then we are also entitled to explain still back deliveries and achievements only against pre-payment or security or to withdraw, however, after adequate extension from the contract or to require damage substitute because of non-fulfilment. In addition, we can prohibit the wide disposal of the delivered product and require their return or the transference of the indirect possession in the delivered product at the expenses of the customer. By now the customer authorises us to enter his company in the called cases and to take away the delivered product. We have any time claim on in the way and size of standard securities for our demands, also so far they are caused and are limited. With counterclaims not approved by us the customer neither can charge nor assert a retention right because of these claims.

13. Retention of title
a) Domestic shops
The delivered product remains up to entire payment of all demands from the business connection our property. The setting of single demands in a running calculation as well as the balance drawing and their recognition does not touch the retention of title. As a payment the entrance of the equivalent counts with us. The customer is entitled to the wide disposal in the normal business dealings. Nevertheless, a pledging or security conveyance is not permitted to him. The customer is obliged to protect the rights of the reservation sales with the resale of reservation product on loan. The customer resigns the demands from the wide disposal of our reservation product by now to us, we accept this cession. Regardless of the cession the customer is entitled to the collection of the demands as long as when he follows to his obligations to us towards fully and on time and does not get in property decay. At our desire the customer has to do to us any time the information necessary for the collection about the resigned demands and to indicate the cession the third debtors. about execution measures of third in the reservation product or in the beforehand resigned demands the customer has to inform us immediately under takeover of the documents necessary for an intervention (e.g. records of seizure). We commit ourselves, which to release in this respect us after the preceding regulations to being entitled protections by request of the customer after our choice when the value exceeds the demands to be protected about 20%. The customer undertakes to receive the reservation product and the things standing in our joint ownership in proper state, to assure against fires and theft and to resign the claims against the insurer to us by request.

b) Foreign shops
The manufacturer reserves himself the property in the delivered product up to entire payment of the purchase price in accordance with the respective legal regulations of the country of destination. This retention of title counts between supplier and customer expressly agreed. As far as the country of destination admits other protection rights instead of the retention of title, these count as explicit agreed.

14. Guarantee
With reasonable lack complains we fulfil our obligations to the exclusion of other claims after our choice as follows:
*by finishing touches of the defective product
*by delivery of other, flawless product in the originally agreed form and execution; by request the customer has to return the defective product
*by a discount corresponding to the reduced value

If we do not follow to our guarantee obligations, the customer has a right to rescind. We stick for spare deliveries and repair works in the same circumference like for the original object of delivery. For spare deliveries the rebuke term starts to run anew. if the customer does not send immediately by request tests of the complained material, or he does not permit to us the inspection and check of the product, or he amends without our approval himself, all guarantee claims are forfeited. All claims come under the statute of limitations in one month after written Zurückweisung of the lack rebuke by us, but in 6 months from the delivery. For foreign products the liability limits itself to the cession of the liability claims which are entitled to us against the supplier of the foreign product. Natural wear, improper treatment and overstress of our product release us from every liability.

15. Compensation claims
Compensation claims of every kind and every circumference, immediately for which legal argument, in particular also claims to substitute more indirectly and secondary damages, are excluded, unless, they are based on a coarse-careless breach of contract on our part or on an intentional or coarse-careless breach of contract of a fulfilment assistant.

16. Protective rights of third
If are order object products whose construction - and composition signs to us the customer prescribes, he carries the sole responsibility for the fact that the construction or composition does not injure protective rights of third. The customer relieves us without limitation in case of the claim.

17. Place of fulfilment and legal venue
a) Domestic shops
Place of fulfilment for all obligations from the contractual relationship is Solingen the legal venue for everything from the contractual relationship as well as about his forming and his effectiveness to arising civil disputs is Solingen, after our choice also the commercial seat of the customer For the case of the assertion of claims in the way of the dunning procedure the district court of Solingen is agreed as a legal venue.
b) Foreign shops
Concerning place of fulfilment and legal venue the same conditions count like to domestic shops according to Pkt.17.a), for the rest count the uniform purchase laws of the Hague arrangement of 1964 and, as far as his laws meet no regulation, the right of the Federal Republic of Germany as agreed commercial clauses are to be laid out to INCOTERMS.
* plus shipping