Conditions of sale and delivery
Unless otherwise agreed in writing, the following Terms and Conditions of Sale and Delivery and the International Commercial Terms (Incoterms®) in their latest version will also apply.
Our offers are subject to change unless their binding nature has been confirmed by us in writing.
Our prices do not include value-added tax.
Orders will not be deemed accepted until confirmed by us in writing. If the contents of the order confirmation deviate from the order, the order confirmation will apply unless the buyer immediately objects to the order confirmation in writing.
In the case of a purchase after having obtained a sample or specimen, the characteristics of the sample or specimen, as well as any other information relating to the goods, will be deemed to be typical of the goods concerned.
3. Delivery dates
Delivery dates confirmed by us are subject to the condition that we ourselves receive the goods properly and punctually from our suppliers. Force majeure of any kind and other disruptions beyond our control, in particular officially ordered delivery and import barriers, strikes and disruptions at production and transport companies, catastrophes, release us from adherence to confirmed delivery dates or from the obligation to deliver, without the buyer being entitled to a claim for damages against us as a result.
We undertake to notify the buyer of the occurrence of force majeure immediately after becoming aware of it. Non-compliance with agreed delivery dates entitles the buyer to withdraw from the contract due to delay if he has unsuccessfully set us a grace period of at least 2 weeks under threat of refusal.
4. Passing of risk
Delivery is deemed to have been effected upon handover of the goods to the carrier. The risk of accidental deterioration and loss of the goods will pass to the buyer.
Transport insurance will only be taken out at the express request of the buyer on behalf of and at the expense of the buyer.
5. Complaints, contents
Customary quantity deviations, upwards or downwards, do not require the prior consent of the buyer. Complaints must be reported to us in writing immediately after discovery of the damage, at the latest within 7 days after the arrival of the goods at the destination, provided that it is not a matter of imperceptible defects. Rejected goods must be kept in the condition they are in at the time the defects are discovered for the purposes of inspection by us or our representative. We will remedy justified defects at our discretion by means of a price reduction, exchange or taking back the goods.
Our liability for damages arising from the delivery of defective goods or for incorrect delivery is limited in amount to the reduced value or the purchase price of the rejected part of the delivery. Further claims of any kind against us, in particular claims for damages, including consequential damages, are excluded. We buy and deliver according to the quality and content specifications made by our suppliers.
Expenses and costs of the payment transaction will be borne by the buyer. We only accept payments by cheque if this type of payment has been agreed. For payments by cheque, the day of payment will be the day on which the value is credited by our banks. We accept no responsibility for any loss of the cheque during its transport. In the event of a default in payment, we will charge default interest at the customary bank rate.
Complaints do not entitle the buyer to complete or partial non-payment within the agreed payment period. If a significant deterioration in the buyer’s financial circumstances becomes known and/or if he defaults on payment, we will be entitled to demand immediate payment of all outstanding invoices, including those not yet due, and will only be entitled to make further deliveries against advance payment.
7. Retention of title
We deliver only under retention of title until full payment of all our claims. The buyer undertakes to grant us or our representatives access to the goods subject to our retention of title at any time. If the buyer is in default with the fulfilment of his obligations, we will be entitled to dispose of the goods subject to our retention of title. The buyer has no claim against us from transport, storage or other costs incurred by him for these goods. As long as the buyer fulfils his obligations towards us as agreed, he is entitled to process and sell the goods subject to reservation of title in the normal and orderly course of business, but only on the following condition: If the buyer sells the goods delivered by us or if the goods are delivered to a third party – regardless of their condition – the buyer hereby assigns to us, without any special declaration of assignment being required in individual cases, the claim against his customers arising from the sale, including all ancillary rights, including the claims for damages arising from this legal transaction of resale or installation, to the amount of the invoice value of our deliveries, until the complete settlement of all our claims arising from these deliveries of goods.
We can demand a written assignment at any time. The buyer is only authorised to collect the assigned claims on our behalf in trust as long as he meets his payment obligations towards us.
8. Place of performance
The place of performance for our deliveries will be the respective place of loading;
the place of performance for the services of the buyer will be our registered office.
9. Place of jurisdiction
The place of jurisdiction is Ludwigshafen. German law applies.