For our deliveries, services and offers, the terms mentioned below are those which are only valid. Different terms of the buyer are only valid for us if we confirm them in writing.
2. Offer and conclusion of contract
Regarding the price, amount, period and possibility of delivery, our offer is without engagement. Orders are only valid if they have been confirmed by us in writing; the same goes for additional agreements, order modifications and additions, as well as for the promise of quality.
In the case of unforeseen obstructions, especially in the case of equipment failures and traffic obstructions, delay in the delivery of raw materials, official orders or cases of acts of God, we are allowed, also if the delivery periods had been accorded definitely, to demand an appropriate prolongation of the delivery period. If the goods are not delivered within the delivery period accorded definitely, the buyer is allowed to grant an extension, which is fixed by 6 weeks and which begins when our company receives the extension. Only after expiry of the extension, the buyer has the right to withdraw from the contract because of delayed delivery or impossibility of delivery. The buyer is only entitled to compensation for delayed delivery or impossibility of delivery, if the damage was caused wilful or if it was an act of culpable negligence.
All prices are net without VAT. The prices are valid ex works without packing. In the case of deliveries which are to be executed after the period of 4 months after completion of the contract, we are entitled to demand the prices which are valid at the date of delivery, but we are not entitled to demand prices which are more than 10% higher than the respective prices stated in the contract, except when the rise of raw materials and wages, which have to be proved by us, included in our total work, in total leads to a higher inrease of the prime costs, of which we have to furnish proof. The buyer is entitled to withdraw from the contract, if the price increase is more than 15%.
5. Dispatch and risk of loss
The choice of the dispatch route and the type of dispatch is elected by us in our estimation and considering the desires of the buyer. The dispatch is executed at the risk of the buyer; the risk is passing on the buyer, as soon as the goods have been transmitted to the person who effects the transport or as soon as the goods have left our company in order to be dispatched. We do not respond for damages ocurred during transport or at unpacking the goods. A transport insurance will be taken out with the express desire of the customer and at the expense of the customer.
The packaging will be charged as inexpensive as possible, unless it is not loaned or hired. At return of the packaging, carriage prepaid, in top condition inbetween an appropriate period, 2/3 of the amount charged will be credited to your account. We will keep the property of the packaging materials which we put at your dipsosal. The buyer is obliged to send back these packaging materials within an appropriate period. Loss and damage of the loaned or hired packaging will be charged to the customer with no consideration for fault, unless these packagings are not sent back to us. The buyer takes the risk for the occasional sinking, although the packaging materials are sinking during the transport from us to a carrier or another person or company determined for the transport.
The payment has to be effected after receipt of the invoice without deduction, unless we do not offer a discount. Arrears on interest are charged with 4% over the discount rate of the Deutsche Bundesbank. The interests have to be rated higher or lower if we have to pay a higher discount rate or if the buyer has a lower discount rate. The buyer is only entitled to charge us, if the counterdemand is undisputed or legally determined.
If the buyer is a businessman, he cannot assert any right to repudiation or to stoppage in transit.
8. Multiple delivery
If the buyer in the case of multiple delivery has not requested the delivery of the amount agreed until the expiry of the delivery time fixed by the calendar or in spite of a reminder, or if the buyer fails to pay a considerable amount of the sales price of the partial deliveries executed until that date, we have the right, regarding the amount of the delivery which was not requested, to withdraw from the contract after conceding an appropriate extension of time.
9. Guarantee and mechanical treatment
In the case of semi-finished materials and finished parts, eventual drawing tolerances are only valid with express confirmation. So called flaws, especially small scratches and hairline cracks, insignificant inclusions and slight weak spots cannot be complained. But we take at lot of care at processing and packing to avoid those faults. Our advice for use is not binding.
Customer`s complaints can only be taken into consideration in the case of obvious faults, if the buyer announces the complain in writing within 2 weeks after receipt of the goods. The obligation for immediate examination and complaint in the case of mutual commercial businesses keeps untouched from this. If the goods are faulty, we deliver you replacements within the guarantee period, which is 6 months and begins at the date of delivery, according to our choice, or finish the goods, if necessary several times, excluding all guarantees and damage compensations (especially those for consequential damages). If the finish or replacement delivery comes to nothing, the buyer can demand price reduction or cancellation of the contract. Further claims, also from positive breach of obligation, faults at completion of the contract or prohibited action are impossible, if the damage was not caused intentionally or an act of crash negligence.
10. Title retention
All goods delivered by us remain our property until total payment. The buyer is only entitled to mechanical treatment or sale of the goods, as long as he is not on default of payment. He is not allowed to pawn the goods or to pledge the goods as a security. If third parties enforce a claim on the goods, the buyer will refer to our property right and inform us immediately.
If the buyer is businessman or legal entity, the place of jurisdiction for all lawsuits for both parties will be Munich. The contract is subject to German law.
12. Partial inoperativeness
If one of the above-mentioned regulations is invalid, it has no influence for the validity of the other regulations in total, the invalid regulation has to be replaced by a valid regulation, which is nearest to the economic purpose followed by it.