1.Prices:
Our prices are subject to change and are ex works.
The prices valid on the day of the order are decisive for the invoice. Objections to price
increases are not taken into account.
2.Delivery time:
The stated delivery times are planned, i.e. non-binding and exclude a delivery reminder,
penalties for delay or claims for damages. Events of force majeure release us from our
obligations in whole or in part according to the circumstances. Deletions and
cancellations, fixed and confirmed orders (including call orders) will not be accepted. If we
are prevented from fulfilling our obligations due to the occurrence of unforeseeable
circumstances which we were unable to avert despite exercising reasonable care in the
circumstances of the case - regardless of whether such circumstances occurred at our
works or at our subcontractors - e.g. operational disruptions, delays in the delivery of
essential raw materials and building materials, delivery shall be extended to an
appropriate extent if delivery or performance does not become impossible. If delivery or
performance becomes impossible due to the above-mentioned circumstances, we shall
be released from our delivery obligation.
Even in the event of strike and lockout, the delivery period shall be extended to a
reasonable extent if delivery or performance is not impossible. If delivery or performance
becomes impossible, we shall be released from our delivery obligation. If the delivery
period is extended in the above-mentioned cases or if we are released from our delivery
obligation, any claims for damages and rights of withdrawal of the customer derived from
this shall lapse.
If dispatch or delivery of the goods is delayed at the request of the customer, we reserve
the right - starting one month after notification of readiness for dispatch - to charge
storage costs amounting to 3% of the invoice amount for each month or part of.
3. Delivery:
At our discretion (in urgent cases by express or express parcel at the customer's
expense), unless clearly visible shipping instructions are indicated on the front of the
order. Shipments are made for the account and at the risk of the customer. In the case of
easily fragile objects, we are entitled, without prior agreement, to insure them against
breakage during transport. The insurance premium will be invoiced together with the
goods. Partial deliveries are permitted at our discretion and can be invoiced immediately.
The risk for finished goods shall pass to our customers at the moment when the same is
delivered.
Leaves our workshops. This also applies if the transport costs are paid by us.
The packaging is done with the necessary care.
Shipment will be made to the best of our judgement, but without obligation for us.
is ready for dispatch if, however, dispatch or delivery is not to take place until a later
date at the request of our customers. On request, we are prepared to take out
appropriate insurance policies in favour of and at the expense of our clients.
4. On Call orders:
In the case of call-off orders, the entire quantity of goods must be accepted within the
agreed period. If the calls are not made within this period, we shall be entitled to send
and invoice the quantities not yet called off. Any claims arising from this are subject to our
normal terms of payment.
5. Complaints:
Complaints of any kind can only be considered within 5 days after receipt of the goods.
Notices of defects acknowledged by us oblige us, at our discretion, only to repair or take
back or replace the goods. Costs for the removal and installation of damaged parts,
which have to be replaced, are not covered. Further claims of any kind, especially those
in case of accidents of persons and damage to property, are excluded.
Our customer shall give us the necessary time and opportunity to carry out all changes
and repairs that appear necessary, as well as to supply spare parts and equipment. If
this is refused for any reason, we are released from any further liability for defects.
Our liability for defects shall not apply to natural wear and tear, damage caused by
incorrect or negligent handling or excessive strain. The same applies to unsuitable
equipment, chemical, electro-chemical, electrical or tropical influences that affect the
delivery without our knowledge.
If the goods are tampered with and modified by our customers or third parties without
our approval or instructions, any liability on our part shall lapse immediately.
The period for liability for defects shall be extended by the duration of the business
interruption resulting from the necessity of rectification work or delivery of spare parts.
However, this only applies to those devices that cannot be used for their intended
purpose due to the interruption. We are liable for repair work and replacement parts to
the same extent as for the original delivery, i.e. only until expiry of the warranty period
applicable to the original delivery.
If we do not acknowledge defects raised in good time, the right of our customers to
assert claims from these defects shall become statute-barred in all cases after 12
months from the date of the complaint notified to us. If third-party products are used or if
they are delivered separately, our suppliers' terms of delivery alone shall apply with
regard to liability for defects.
6. Reservation of proprietary rights
The goods remain our property until full payment has been made, even if they have been
fully or partially processed. For this reason, they may not be pledged or assigned by way
of security. In the event of a compulsory seizure, we must be notified immediately of our
ownership and we must be informed immediately. In the event of resale, the purchase
price shall apply to the buyer and shall be assigned to us without any special assignment
being required in the individual case.
The buyer is obliged to insure the goods against the risk of fire and theft as long as they
are our property or co-ownership and to provide evidence of such insurance upon our
request.
The customer does not acquire any right to the delivery of the tools by reimbursement of
tool costs. These remain in our possession to protect the construction.
If within 5 years after the last use of the tools orders for this are no longer placed, we
shall be entitled to destroy the tools. When calculating shares of tool costs, the joint use
of the relevant tools for other customers is not agreed.
7. Industrial property rights:
Any drawings, sketches or other information submitted to us shall be executed at the
customer's risk with regard to patents, designs and trademarks. If third-party industrial
property rights are infringed by the execution of such orders, the customer shall bear any
damage incurred by us as a result of the infringement.
For damages caused to us by passing on devices, in particular samples and information
to competitors, we make the respective buyer fully liable according to the copyright law
and the law against unfair competition of the German Civil Code.
8. Modifications:
We reserve the right to make design changes, in particular improvements recognised by
us.
9. Payment:
Our invoices are payable within 10 days after date of invoice with 2 % discount or within
30 days net. Invoice amounts below EUR 75.00 are payable immediately net without any
deduction. Repair invoices are payable immediately without discount, as they mainly
include wage costs. Tooling costs are payable ½ upon placing the order, ½ upon
presentation of the outturn sample, strictly net or after special written agreement as per
order confirmation. Bills of exchange are not accepted. We reserve the right to
surcharges of less than €100 for orders.
Die Zurückhaltung von Zahlungen oder Anrechnung von Kosten wegen irgendwelcher
von uns nicht anerkannter Gegenansprüche ist nicht gestattet.
The retention of payments or offsetting of costs due to any counterclaims not
acknowledged by us is not permitted.
10. Return of the goods:
Goods from deliveries made to order cannot be taken back due to the wide variety of our
programme. However, should a redemption be agreed, we will issue a credit note of a
maximum of 80% of the value of the goods.
11. Place of performance and jurisdiction:
Place of performance for both contracting parties is Bad Birnbach. Place of jurisdiction for
both parties is Eggenfelden.
Only German law applies to the contractual relationships.
12. General information:
In all other respects, the terms of delivery for products and services of the electrical
industry (latest valid edition in each case) shall apply insofar as they supplement the
above conditions and insofar as they do not contradict these terms.
Deliveries shall only be made on the basis of written agreements. Only our terms and
conditions of sale and delivery are authoritative, as far as no deviating regulation is
specified in our order confirmations.
Verbal subsidiary agreements are only effective if they are confirmed in writing.
Our terms of delivery and payment shall be deemed accepted by the customer if no
objection is raised immediately. Delivery conditions of the customer which deviate from
our conditions are not valid. Even if they contain provisions to the contrary and if they
form the basis of the order.
The rights and obligations arising from a contract concluded between our clients and us
may only be transferred to third parties by mutual agreement. Purchase price claims and
other pure monetary claims, on the other hand, are freely transferable.
Despite possible legal invalidity of individual points of our terms and conditions of sale
and delivery, all other parts shall remain binding.
All information contained in our catalogues, brochures, price lists or other advertising
material is determined to the best of our knowledge on the day of determination. We
reserve the right to make any necessary changes at any time.
Drawings, samples, drafts and the like remain our property and may neither be used for
other purposes nor made accessible to other persons. Connections to the power supply
are subject to legal requirements or are regulated by the relevant DIN standards. All
regulations must be observed.
13. Other:
A resale of our delivery is only permitted for resellers approved by us in the normal
course of business under the condition that they receive payment from their customers at
least in the amount of our claim. Claims from such transactions are to be transferred to us
immediately upon request. Any costs of interventions shall be borne by our clients. At the
same time, our customers are authorized to process our goods even during the existence
of the retention of title and to sell them in the ordinary course of business. The retention
of title extends thereby to the new products resulting from the processing. In this respect,
our clients are regarded as manufacturers and their buyers as custodians. In the event of
combination or mixing with materials not supplied by us, we acquire co-ownership in
accordance with §§ 947, 948 BGB (German Civil Code).
Terms of delivery and payment
