General Terms and Conditions
§ 1 GeneralOur deliveries, services and offers are made exclusively on Basis of these terms and conditions. Deviating conditions of the customer, the we do not expressly acknowledge in writing are non-binding, even if we do not expressly contradict them.
The conditions of sale also apply to all future business relationships. Expressed in relation to individual provisions of these Terms of Sale a deviating regulation is made, the validity of the rest of this becomes valid not touched.
§ 2 Offer - Offer documentsOur offers are non-binding. Unless otherwise agreed, the Scope of the contractually owed service our order confirmation authoritative.
Those contained in our brochures, descriptions and offer documents Information, drawings, illustrations, technical data, dimensions and Service descriptions are only to be understood as approximate values if they not expressly designated as binding. technical changes our products are expressly reserved within the framework of what is reasonable.
We reserve ownership rights to tools and equipment. this applies also for those documents that are designated as "confidential". The Passing on to third parties requires our express consent.
§ 3 prices - terms of paymentUnless otherwise agreed, the prices apply “ex works” plus VAT in legal amount on the day of invoicing.
Payment is made according to the payment terms specified in each case. are if this has not been determined, the purchase price is without deduction within 14 days Due for payment from the invoice date. If by prior agreement Bills of exchange or checks are accepted as payment, the expenses are for discount, Collection etc. at the expense of the customer. Bills of exchange and checks are only available accepted on account of performance.
If the payment deadline is exceeded, we are entitled to charge interest in the amount of customary bank debit interest, at least 8% above the base rate from To calculate the invoice amount. In the event that the manufacturing costs for Goods or services later than 4 months after clearing are to be delivered or rendered by increasing the raw material prices Increase at least 5%, we reserve the right to change that originally to adjust agreed prices accordingly.
§ 4 Terms of Delivery - Delay in DeliveryThe delivery times stated are not fixed dates unless expressly stated otherwise agreed. We are entitled to partial deliveries. All deliveries understand themselves ex works and travel at the risk of the customer even if carriage paid delivery has been agreed.
In the event of a strike, lockout, lack of raw materials and energy, traffic and unavoidable operational disruptions as well as all other cases of force majeure, we are entitled, at our option, to reasonably extend the delivery time or to withdraw from the contract in whole or in part.
If we are responsible for exceeding the delivery deadline, the buyer can after Expiry of a reasonable grace period to be set by him in writing from the contract step back. §6 applies to claims for damages.
§ 5 warrantyThe customer must inform us about defects immediately, but no later than within 14 days notify in writing after receipt of the delivery item. Flaws that are also at careful examination within this period cannot be discovered to inform us in writing immediately after discovery.
If the delivery item is defective at the time of transfer of risk, deliver it we can choose to replace or improve it. Multiple reworks are permitted.
If the supplementary performance / improvement has failed, the customer is - so far nothing else results from the assumption of a guarantee - at his discretion entitled to withdraw from the contract or to reduce the purchase price desire. If there is only a minor lack of conformity, especially if only minor defects, the customer has no right of withdrawal. For Claims for damages and compensation for use due to a defect apply to §6.
Basically all stainless steels are endangered by pitting corrosion. In the presence of halogen concentrations due to chlorine, bromine or iodine ions at low pH levels (acids) and high temperatures can be irreparable Damage occurs. Claims resulting from this are covered by the warranty locked out. The warranty period for our products is 12 months and begins on the date of delivery.
§ 6 Limitation of LiabilityFor willful intent and gross negligence on our part as well as culpable We are liable for injury to life, limb or health in accordance with the legal regulations. In case of violation of essential rights and Obligations, essential or fundamental contractual or fundamental ancillary or persons subject to protection, we are liable for simple negligence, limited to the Typical, immediate and foreseeable average damage. A Further liability is applicable regardless of the legal nature of the made claim excluded. This is especially true for Claims for damages from negligence when concluding the contract, due to other Breach of duty or tortious claims for compensation for property damage according to §823 BGB. Claims of the Customers from product liability as well as from the assumption of guarantees. The disclaimer also applies to breaches of duty by our legal representatives and Vicarious agents.
§ 7 retention of titleThe delivered goods remain until our claims have been completely satisfied - also the future - from the business relationship our property. The dem Customers from the resale of the reserved goods to third parties Claims are already now to secure our claims in the amount of the Sums invoiced to third parties. The one generally given to the customer Authorization to collect expires if the latter meets his payment obligations no longer properly complies. At our request, the customer has us the Indicate the debtor of the assigned claims and give them the assignment to display. If the backups exceed our claims to be secured by more than 10%, we will provide the additional safeguards on request share.
§ 8 conclusion of contractAny agreement with our representatives requires our express written confirmation. This applies in particular to the representatives accepted orders.
§ 9 Applicable Law - Contract Language - Place of JurisdictionFor these conditions of sale and all legal relationships between The law of the Federal Republic of Germany applies to both seller and buyer. The Provisions of the UN sales law do not apply.
Will these general terms of sale be available to the customer except in German Language is also announced in another language, translation / Differences in interpretation only the German text is decisive. The Translation into another language is used solely to facilitate the Understanding. The place of jurisdiction is, also for bills of exchange and check actions, for any disputes with registered traders, legal entities of the under public law or special fund under public law is the seat of User or, at our option, the general place of jurisdiction of the customer.