Our offers are always subject to change. Orders must always be placed in writing. All drawings and technical specifications are only binding if we expressly indicate this. We reserve the right to make changes.
Our quoted prices are ex-works and exclude VAT, packaging, and shipping costs.
Payment shall be made in accordance with the terms and conditions stated in the order confirmation or invoice. Unless otherwise specified, payment shall be made within 14 days of the invoice date without deduction. In the event of default, we shall be entitled to charge interest at a rate of 4% above the base rate in accordance with the German Discount Rate Transition Act (Landesdiskontüberleitungsgesetz). Money orders, checks, and bills of exchange shall only be accepted by special agreement and only on account of performance, with all collection and discount charges being charged. If there are doubts about the customer’s solvency, we shall be entitled to revoke payment terms and demand advance payment or deliver cash on delivery. If the customer is in default of payment, all outstanding invoices shall become due immediately. The customer shall only be permitted to offset undisputed or legally established claims. If partial payments have been agreed, the entire remaining debt shall become due for payment immediately, regardless of the due date of any bills of exchange, if
a) the customer, who is not registered as a merchant in the commercial register, falls behind with payment of at least two consecutive installments in whole or in part, and the amount with which he is in arrears amounts to at least one tenth of the agreed price
b) the customer, who is registered as a merchant in the commercial register, is 14 days in arrears with an installment, suspends payments, or files for composition or bankruptcy proceedings against his assets
Delivery times are generally non-binding. Fixed delivery dates require our express written confirmation and are only valid under the condition of undisturbed operations. Force majeure, operational disruptions, labor disputes, etc., or other impediments beyond our control shall extend the delivery times by the duration of the performance disruptions caused by these circumstances. Claims for damages by the customer in the event of a delay in delivery are limited to a maximum of 5% of the agreed purchase price in cases of slight negligence. Claims for damages by the customer due to non-performance shall be limited to a maximum of 10% of the agreed purchase price in cases of slight negligence. If the customer is a legal entity under public law, a special fund under public law, or a merchant for whom the contract is part of their commercial business, they shall only be entitled to compensation in cases of intent or gross negligence.
All our services are provided exclusively under retention of title. Our retention of title shall remain in force for all claims that we subsequently acquire against the customer in connection with this order, e.g. due to repairs or spare parts deliveries, as well as other services. If the buyer is a legal entity under public law, a special fund under public law, or a merchant for whom the contract is part of their commercial business, the retention of title shall also apply to the claims we have against the customer from the ongoing business relationship. The purchaser is obliged to insure the goods subject to retention of title against fire and theft and to provide us with proof of insurance upon request. If the purchaser fails to comply with this obligation despite a reminder, we may take out insurance against fire and theft at the purchaser’s expense, pay the premium contributions and collect them as part of the claims arising from the existing contract. Unless otherwise agreed, all benefits from the existing insurance shall be used in full for the repair of the destroyed, damaged, or stolen item. If we decide not to repair the item in the event of serious damage, the insurance benefit shall be used to settle the principal claim, ancillary services, and our advanced costs. The customer is obliged to maintain the goods subject to retention of title in proper condition for the duration of the retention of title, to have all scheduled maintenance work and necessary repairs carried out without delay—except in emergencies—by us or by a workshop recognized for servicing the subject matter of the contract. The customer is entitled to sell and process the goods in the ordinary course of business. They may not pledge the goods, assign them as security, or encumber them in any other way. The customer hereby assigns to us their claims arising from resale and processing. We hereby accept the assignment. Upon request, the customer is obliged to name their customers to us. The customer is authorized to collect assigned claims until revoked.
The processing and treatment of our goods subject to retention of title shall be carried out on our behalf as the manufacturer. If the goods subject to retention of title delivered by us are processed, combined, or mixed with third-party property, we shall be entitled to co-ownership of the new item or the mixed stock in proportion to the value of our goods subject to retention of title to the value of the other goods at the time of processing, combination, or mixing. If the customer acquires sole ownership of the new item by operation of law, we agree that he shall grant us co-ownership in proportion to the value of the processed, combined or mixed goods subject to retention of title to the value of the new item and shall keep it in safekeeping for us. The customer must inform us immediately of any impairment of our property or claims assigned to us. If the customer defaults on payment, we shall be entitled to demand immediate delivery of the goods subject to retention of title. We shall release the securities to which we are entitled at our discretion at the customer’s request, insofar as their value exceeds the claims to be secured by 20%. During the period of retention of title, the customer is entitled to possess and use the goods subject to retention of title as long as he fulfills his obligations under the retention of title in accordance with the provisions of these terms of delivery and payment and is not in default of payment. If the customer defaults on payment or fails to meet his obligations under the retention of title, we may demand the return of the goods subject to retention of title from the customer and, after giving written notice with a reasonable period of grace, sell the goods subject to retention of title by private sale at the best possible price, offsetting the proceeds of the sale against the agreed price. In the case of installment transactions with a buyer who is not registered as a merchant in the commercial register, this repossession shall be deemed a withdrawal. In this case, the provisions of the Installment Purchase Act shall apply. If we demand the return of the goods subject to retention of title, the customer is obliged to return the goods subject to retention of title to us immediately, excluding any rights of retention, unless these are based on the concluded contract. At the request of the customer, which can only be made immediately after the withdrawal of the goods subject to retention of title, a publicly appointed and sworn expert shall determine the estimated price at the customer’s discretion.
For construction work, warranty is provided in accordance with the provisions of Part B of the German Construction Contract Procedures (VOB). The following applies to deliveries of goods and other services:
– Obvious defects in the delivered goods must be reported to us in writing immediately, at the latest within 14 days of receipt of the goods, in non-commercial transactions. If the customer fails to do so, the goods shall be deemed to have been approved. For merchants, the special provisions of commercial law apply.
– In the event of defects that have been properly reported, we shall provide a warranty for a period of 6 months after delivery in such a way that, at our discretion, we shall repair or replace the defective parts or make a new delivery. Repairs shall only be carried out in German seaports. If it is not possible to remedy the defect, we shall be obliged to rescind the contract or reduce the price. All further claims, in particular for damages, are excluded.
– Rejected goods may only be returned to the address specified by us with our consent.
– Complaints do not release the customer from the obligation to pay the purchase price on time.
– We do not provide any warranty or guarantee for the overhaul of windings in electrical machines and devices. A warranty exclusion is deemed to have been agreed. For the rewinding of electrical machines and devices, we provide warranty and guarantee services for a period of 6 months from the date of delivery.
Die Unwirksamkeit einzelner Bestimmungen berührt die Wirksamkeit der übrigen nicht. Gerichtsstand ist – soweit gesetzlich zulässig – Rendsburg. Anwendbar ist ausschließlich deutsches Recht.
