1 - Orders
The sale / delivery is effected according to a written order and the indicated delivery times are always approximative and non-binding.
Significant reasons release us from our obligation to deliver and do not qualify for damage claims. Should the provision of the raw or auxiliary materials cause problems or a price increase of the same occur, the delivery time or price can be affected therefrom. Cases of force majeure entitle us to completely or partially cancel ongoing orders and transactions.
2 - Quantity
A margin of more or less 10% on the number of products supplied is reserved by the supplier. Prices are for a continuous manufacture of the quantity of part indicated by the proposal.
3 - Cancellation
Order cancellations are only effected after our prior written consent. We do not accept one-sided cancellations of sale contracts from the buyer.
4 - Transport of goods
The risk of all transports is borne by the buyer or, as the case may be, the addressee from the moment of transfer to the carrier or a third party. Additional costs for express or special delivery, should this be required, are charged to the buyer’s account.
5 - Additional charges
We charge packaging costs to the buyer provided that no other agreements were made.
6 - Terms of payment
All payments are to be made exclusively in the currency of the country where the supplier is based. If not otherwise explicitly stipulated, a 2 % discount can only be granted if payment is effected within 14 days after the date of invoice, otherwise within 30 days net without discount deduction. A discount is only granted on the goods value and not on packaging, transport or other additional costs which are, if necessary, listed on the invoice. In the case of delayed payment we are entitled to charge fees in line with bank practice.
Should we, as an exception, accept drafts ( eligible ) as a means of payment then this does not count as cash payment.
7 - Liability
Any damage claims are excluded provided that they are not based on intent or gross negligence or, as the case may be, errors in regard to specifically warranted attributes. Damage claims can only be asserted by our direct customers.
8 - Cancellation right from the supplier
We are only bound to our obligation of delivery if the creditworthiness of the buyer is beyond all question. In the case of receipt unsatisfactory information we reserve the right to cancel the order.
9 - Special provisions
Injection moulds or tools remain our property. This also applies if proportional costs are amortised with 5 %. The buyer assumes the liability that no third party trademark rights are violated in the case of drawings and models. Solely German, English or French law applies for the contractual terms and conditions, depending of the country where the supplier is based.
10 - Retention of title
The delivered goods remain our property until payment of all, also future – independent of the legal grounds – emerging claims have been completely remitted. The buyer is entitled to the resale, handling and installation of the conditional goods in normal business operations as long as we do not revoke this right of disposal. The revocation is considered effective in the case of default as well as the application for the issuance of insolvency proceedings regarding the buyer’s assets.
After revocation the buyer grants us power of disposition to enter upon his premises at all times for the purpose of disposal of the conditional In the case of resale the buyer assigns all claims against his/her customer amounting to our invoice value plus 10 % to us in advance by way of security.
The buyer is obligated to provide all appropriate information regarding the assigned claim by way of security as well as the garnishee at any time and to allow access to all business documents related to the resale of the conditional goods or to release these documents upon request. The processing of the conditional goods which the buyer conducts for us provides for our ownership of the new object. Should the conditional goods be processed together with other materials then we acquire co-ownership of the new object in proportion to the value of the conditional goods to the other materials. The conditional goods or, as the case may be, the assigned claims by way of security may neither be impawned nor transferred nor assigned to third parties by way of security by the buyer. The buyer is to immediately inform us of third party measures of enforcement regarding the conditional goods or assigned claims by way of security. Upon request of the buyer we will release security interests according to our choice when and as far as their value exceeds our claims by 20 %.
11 - Complaints
Notice of defects regarding quantities, weight or composition of the goods will only be considered if they are effected within 8 days after receipt of the goods. In the case that the complaint is effected correctly and rightfully, we will take back the goods or replace them according to our choice.
12 - Minimum invoice value
In order to cover the order processing costs, a minimum invoice amount of €100.00 excl. vat. is requested for all orders from the European countries. If the order is below that amount, processing costs of €35.00 excl. vat. will be added. For other countries, the minimum invoice value is from €250.00 to €500.00 depending on the location.
13 - Jurisdiction
Place of jurisdiction for the buyer and the supplier is the place where the supplier is based. When placing an order the buyer accepts our delivery and payment terms. Any dispute shall be referred to the exclusive jurisdiction of the country where the supplier is based.