§ 1 General
Our terms of delivery and payment apply to all deliveries. We cannot expressly recognize deviating provisions of the buyer, even if we do not expressly raise objection to them. The goods are only available in the indicated designs. Technical alterations by way of technical progress as well as alterations to the shape and color remain reserved. Special models are possible by arrangement.
Events of force majeure shall entitle us to postpone the delivery by duration of the impediment or to withdraw from the agreement in whole or part, without thus being liable for damages. This shall also be applicable to other unforeseen circumstances which impede, delay or make more difficult the production or the shipment of the goods, especially if we ourselves are not supplied in due time or are not supplied correctly as well as in the case of energy and raw material shortages. In the case of the partial or complete loss of our supply sources we shall not be obliged to obtain supplies from other suppliers.
§ 2 Terms of payment
Our invoices are payable within 8 days minus 2 % cash discount or within 30 days net cash without discount plus packing expenses at cost price. The prices are applicable ex works. If the decisive cost factors greatly alter after the submission of the offer up to delivery, then the supplier and the buyer shall come to an agreement on an adjustment of the prices. The supplier shall not be bound to previous prices in the case of follow-on orders.
§ 3 Terms of delivery
We reserve the right to effect part deliveries in so far as this seems beneficial for speedy processing of the order. In the case of special models and castings a deviation of the delivery volume by 10 % more or less is to be recognized.
The buyers shall only then be entitled to withdraw from the agreement due to the non-observance of the delivery period if it has set us a reasonable additional period to effect delivery in writing of at least 4 weeks.
Development work and sample productions shall be invoiced. If an order is then awarded, these expenses shall be offset against the ordered articles on a pro rata basis.
§ 4 Storage of data
We are entitled to use and to store the buyers personal data.
§ 5 Shipment
Provided nothing to the contrary is stipulated, shipment shall always be effected for the buyers account and risk.
Risk shall pass to the buyer with the surrender of the goods to the transporter (post office, railway, carrier etc.). At the buyers written request, the goods shall be insured at its expense against storage, transport and fire damage.
§ 6 Warranty and return right
The buyer has to examine the ware and her/its/their package after type, quantity and nature with the delivery instantaneously and to check for agreement with the order. On this occasion determined lacks or deviations are to be reported the supplier within 5 working days. With masked material and manufacture-mistakes, we achieve free rectification or free substitute from sale-date within 24 months. Except are damages due to external influences during the application (storage, transportation and use) as well as transportation-damages. (see § 5.)
§ 7 Right of retention
We shall retain title to the delivered goods until payment in full.
The buyer shall only be entitled to resell the goods subject to retention of title in the ordinary course of business on the condition that it similarly stipulates a retention of title with its customers. The buyer shall not be authorized to effect other dispositions over the goods subject to retention of title, especially pledges and a transfer by way of security.
At the supplier’s request, the buyer shall be obliged to give the supplier all information and to hand over documents which are necessary for the assertion of the supplier’s rights against the buyer customers. The supplier is to be informed without delay of attachments or seizure of the goods subject to retention of title by a third party.
§ 8 Credit note, return or exchange
Returns for a credit note may only be effected after prior consultation with us. The date of purchase, our invoice number and the reason for the return must be indicated on the return delivery letter.
Special models or altered articles shall not be credited. The synthetic-coated cushions cannot be exchanged.
All shipments for return, exchange or repair are to be delivered to us on a post-paid basis. A 10 % processing fee shall be charged on all credit notes.
Repairs take place on inquiry and are calculated after expenditure of time and material.
§ 9 Tools
Tools shall be charged on a pro rata basis and shall remain with the manufacturer and shall be looked after with care and held in safekeeping. The retention period shall expire if no further orders are received within 2 years after the last delivery. The tools shall thereafter pass into our ownership.
§ 10 Material
If raw materials should be ordered on the basis on an order, then these expenses shall also be invoiced to the buyer if the order is cancelled for any reason. The materials shall then be the property of the buyer.
§ 11 Foreign deliveries
Deliveries abroad shall be subject to the same terms.
§ 12 Recognition
By awarding an order the buyer recognizes these terms of delivery and payment as the solely authoritative terms. In the case of later orders our reference to these terms shall be sufficient to make them solely authoritative for the later order.
§ 13 Place of performance and place of jurisdiction
Place of performance and place of jurisdiction for both parties is Buxtehude (Germany), also in the case of legal action based on check and bills.