General Terms and Conditions
Only our General Terms and Conditions are binding for our deliveries. This is also valid when the customer regulates other conditions unless otherwise expressly agreed by us in written form.
2. Price setting
Our prices are quoted ex works exclusively packing and insurance. Delivery will be effected at buyer’s risk and expense. Packing and freight charges will be charged at cost price.
3. Term of payment
Invoices are payable within 10 days allowing 2% of discount. Net within 30 days unless other arrangements are made.
4. Delay of payment
When a payment is delayed usual interest of late payments have to be refunded after expiry date; all other invoices are payable immediately as well and we are entitled to cancel all other delivery contracts.
5. Cheques and drafts
Cheques and drafts are considered as settled when they are encashed. Drafts are not considered to be a cash settlement, they will only be accepted after previous agreement and only on account of performance. Note tax, discount charges and expenses for collection are for buyer’s account. We assume no liability for presentation in time and bill protest.
6. Obligation to deliver
Our offers are always subject to change. Obligation to deliver exists only for already confirmed orders.Time of delivery will be indicated approximately and shall be understood ex works. Claim for damages due to delayed delivery are excluded.
Force majeure, shortage of raw materials, and other factors such as war, strike, lockout, fire or others, impeding and complicating production or shipping, release us from obligation to deliver and entitle us to withdraw. Condition for the obligation to deliver is the buyer’s absolute credit worthiness. When the contract is concluded and we have been informed that the amount seems to be critical we are entitled to demand advance payment or deposit or cancel the contract.
7. Delay in delivery
The buyer is not entitled to cancel the contract when delivery is delayed. When a delivery date has been exceeded and the buyer has set a time limit of at least 20 workdays he is entitled to cancel the contract. Other claims are excluded.
8. Call orders
Call orders must be recalled within one year. When there is no release within this delay we are entitled to deliver without request and to charge or cancel the contract. Further claims of ours for compensation thus stay unaffected.
9. Taking back the merchandise
Already delivered merchandise basically can only be taken back when sale or return has been stated explicitly and in written form when ordering.
Claims have to be asserted 10 days after receipt of goods. Justifiable claims that have been asserted in due time will be replaced free of charge or a credit note will be issued.
Other titles particularly with regard to claims for damages of all kinds are excluded.
11. Reservation of title
The property in the goods is the seller’s unless payed completely, drafts or cheques encashed respectively. Exceptional directives, as for example forfeiting, transfer by way of security and the like are valid only when previously accepted by us. In the event of merchandise’s sale receivables will be transferred to the other buyer.
12. Place of delivery
Place of delivery and legal venue for both parts is Leonberg/Germany.
The German court of justice which is located at the seller’s place decide for the foreign buyers as well.