Our Terms and Conditions of Trade

1. General

The following sales, delivery and payment conditions, and only those, apply. Any changes from these, in particular any purchasing conditions on the part of the buyer, require our written confirmation. The seller’s general terms and conditions are deemed part of the contract in any case, if the buyer does not raise an objection within one week from conclusion of the contract.

When placing an order, we require the goods’ exact trade description, as well as the desired form of shipping. Our delivery note also serves as the confirmation of any order.  

2. Offers

Our offers and prices are non-binding and subject to change at any time, unless otherwise explicitly agreed. 

3. Prices

Our prices are ex works and net prices, without VAT and packaging, unless otherwise explicitly agreed, and they are based on the cost calculations at the time of the placement of order. Should these conditions change until completion of the order, we reserve the right to adjust the final price accordingly.    Appropriate packaging will be provided at cost price but cannot be returned to us. German law applies for all business transactions. 

4. Terms of Delivery and Payment

All Terms of Delivery and Payment apply to deliveries and invoicing within Germany. However, the Terms of Delivery and Payment are to be mutually agreed by the seller and the buyer, if either the invoice is made out to a foreign address or delivery is made outside Germany.

- Delivery Times

Delivery times quoted by us are non-binding. Should the delivery firm not be able to keep the agreed delivery deadline, the buyer must grant adequate additional time, beginning on the day of receipt of a written notice of default from the buyer. Claims from this contract can only be made after the expiration of any extensions. Circumstances of force majeure entitle us to withdraw from our obligation to supply, fully or in part, without having to compensate the buyer.

Orders of one pallet or more will be delivered free of charge within Germany. For deliveries outside Germany, prices are ex works unless otherwise agreed. This agreement also applies to toll charges.  

- Shipping

We are entitled to carry out partial deliveries. Upon handing over the consignment to the buyer, a haulage contractor, carrier or similar involved party, at the latest however upon departure from our company, the risk will transfer onto the buyer. Unless the buyer specifies any particular instructions with regard to the shipping, the goods will be adequately packed and dispatched in the most economical form. Claims on account of damage, breakage or loss must be made against the transport firms involved. Only at the buyer’s explicit request are we obliged to take out a transport insurance for which the buyer must bear the costs. Delivery will be made to the buyer's address indicated on the order form, unless otherwise agreed in writing. Small orders will be brought up to the nearest minimum unit.

- Payment

Invoices billed to foreign addresses must be paid in full and either prepaid or cash against documents or L/C.

In case of default or deteriorating financial circumstances on the part of the buyer, we are entitled to withdraw without extension from all outstanding contracts of sale.

 

5. Reservation of Proprietary Rights

All goods remain the seller’s property until all liabilities from the contract have been met in full. The buyer agrees to safeguard the seller’s property accordingly, even if the delivered goods are not intended for the buyer himself but for a third party, and also to explicitly point out this reservation of proprietary rights to the recipient. The buyer must inform us immediately of any distraint or other possible restrictions of our rights through third parties.

The buyer assigns to us in advance all claims resulting from a resale, including accessory rights. The buyer does not acquire property of the fully or partially manufactured goods by processing them. Processing is free of charge exclusively for the seller. Should the reservation of proprietary rights for whatever reason cease to apply, the buyer and the seller agree here and now that the goods, together with the processing, become the property of the seller who will accept the conveyance. The buyer remains their unremunerated bailee. During the processing of goods still owned by another party, the seller acquires joint ownership of these new products. The proportion of ownership is determined by the ratio of the invoice value of the seller’s originally delivered goods, and the invoice value of the processed goods.

The agreed extended reservation of proprietary rights also applies to any follow-up orders.

6. Complaints

Justified complaints can only be considered if made in writing and on presentation of evidence within 14 days after receipt of the goods. Partially defective deliveries may not be rejected in full. The available operating instructions must be observed or previous tests carried out when using or processing our products. Any deviation considered customary in the trade in quality, measures and quantities, even with custom-made orders with either additional or short delivery of up to 10%, does not constitute a cause for complaint.

We do not assume any liability for defects that result from the non-observance of our processing instructions, or are due to frost or any chemical, electrochemical, weather-related or other unforeseeable influence. Goods returned to us for reasons other than defects and taken back by us without any legal obligation to do so, are refundable only up to a maximum of 85% of the invoice amount, even if they are in perfect condition. Special orders and custom-made goods cannot be returned at all.

7. Deviating Conditions

All deliveries and orders are processed exclusively on the basis of the aforementioned conditions. The contract terms are subject to German law only.  

8. Place of Performance and Jurisdiction

The place of performance for delivery and payment is Elsenfeld, Germany. The place of jurisdiction is Aschaffenburg, Germany. We reserve the right to assert our claims also at the buyer’s place of jurisdiction.