The following conditions apply to all our offers, purchase, work delivery and work contracts including advice and other contractual services, even if they are not referred to again in individual cases. Purchasing conditions of the buyer are already contradicted, even if they are introduced into the contract negotiations after the submission of our sales and delivery conditions. Should one of the above provisions be ineffective for any reason, the remaining content of the conditions remains valid.
Our offers are subject to change. Prices are ex warehouse. The prices valid on the day of delivery are calculated.
Packaging is charged at the lowest and will not be taken back.
Dispatch always takes place at the risk of the buyer, even with free delivery. Unless a special shipping method is stipulated, we will choose the shipping route and the means of shipping to the best of our discretion and without guarantee of the cheapest transportation.
The invoices must be paid in cash without deduction within 30 days of the date of issue. If we receive cash payments within 8 days of the invoice date, we grant a 2% discount if all previous invoices have been paid by then. For delayed periods, subject to the assertion of further rights, the interest and costs are calculated that the big banks charge for uncovered overdrafts. If circumstances become known after the conclusion of the contract that are likely to reduce the customer's creditworthiness, or if we receive information that is not completely correct according to our decision or if the debtor defaults on payment, all outstanding claims become due immediately, even if for these bills of exchange given are. We are then entitled to request advance payments or suitable security. We are also entitled to withdraw from all contracts, if they have not yet been fulfilled, in full or in part if a request to make advance payment or security within a reasonable period is not complied with. If payment is made in bills of exchange or checks, the costs for discounting and collection are borne by the buyer, bills of exchange are only accepted subject to the discounting option and only as payment within the discount period with our approval.
The delivered goods shall remain our property until all claims from the business relationship have been paid in full, regardless of the legal grounds, and until bills of exchange and checks have been cashed in and until direct debits have been irrevocably made. In the case of a current account relationship, the reserved property also applies as security for our balance claims. The processing or processing of the goods subject to retention of title takes place for us without any obligations arising from this. If the goods delivered by us are processed, combined or mixed with goods owned by third parties, we are entitled to co-ownership of the new item or the mixed stock in relation to the ratio, value of our reserved goods to the other goods at the time of processing, connection or mixing to. The assertion of the retention of title does not constitute a withdrawal from the contract. The buyer, who is only allowed to resell in the ordinary course of business, hereby begins all claims from the resale - regardless of whether the sale is made without or after processing or combining or mixing our goods with other goods - until all of our outstanding claims have been settled us off. We accept the assignment. In the event of sales of the reserved goods after agreement, connection or mixing with other goods that do not belong to us, or together with such goods, the assignment of the claim applies to the amount of our invoice value of our reserved goods. This also applies in cases where our property has been lost by law due to processing, combining or mixing. With the reservation of revocation at any time, we authorize the buyer to collect the assigned claims in his name, but for our account. The costs of the collection are borne by the buyer. The buyer must immediately notify us of any attachment or any other impairment of our rights. Pledging or transfer by way of security of our reserved goods is not permitted. If the value of the collateral existing for us exceeds our total claims by more than 20%, we are obliged to invest in the customer's investments, to the extent we choose to release corresponding collateral.
Complaints about recognizable defects must be received by us in writing immediately, at the latest within 10 days after receipt of the goods. Screws and nuts u. Threaded standard parts are supplied by us according to the technical delivery conditions DIN 267, unless special agreements have been made. For verifiable incorrectly delivered goods, we deliver replacements or issue a credit. If we have chosen the replacement delivery and if we have culpably not carried out the subsequent delivery within a reasonable grace period set for us or if it has become impossible or has finally failed, the buyer can demand a reduction in the cancellation of the contract. In the case of custom-made products, there is no right to withdraw or subsequent delivery of the quantities in the event of excess or short deliveries up to 10%. There is no guarantee for the suitability of our goods for a specific purpose if the specific possibility of use does not result from the written instructions (e.g. label or instructions for use) attached to the goods or if we have not expressly confirmed the suitability for a specific purpose , The buyer is obliged to check the suitability for the intended use in advance. Warranty claims other than the aforementioned - especially claims for damages - of the buyer are excluded. This does not apply if, in the case of intent, gross negligence or the defect of guaranteed property, a restriction or a connection of liability in general terms and conditions is not possible and liability is therefore mandatory.
Claims for damages of any kind from liability against us or our vicarious agents - due to errors in advice, due to a defect for which acc. Section 635 of the German Civil Code (BGB), due to breach of contractual ancillary obligations, due to fault at the conclusion of the contract or due to impossibility, from tortious acts - are excluded if we have not acted with intent or gross negligence. In all cases in which liability cannot be excluded with or without fault, but can be limited, liability is always limited to the foreseeable damage at the time the contract was concluded.
Proper and timely self-deliveries are reserved. Partial deliveries are not permitted. Prevent force majeure, strikes or lockouts, or other events that we cannot prevent despite reasonable care, regardless of whether we or our suppliers have occurred - such as operational disruptions, rejects, difficulties in obtaining raw materials, lack of energy, official measures, Cessation of production at the pre-supplier, fulfillment of our delivery obligation, the delivery time is extended in an appropriate manner. If the delivery becomes impossible or unreasonable for us due to the circumstances of the aforementioned type, we are entitled to withdraw from the contract in whole or in part. The above regulation also applies if the unforeseen events occur during a delay in delivery. We will immediately notify the buyer of the occurrence of such events.
Warehouse goods delivered by us can only be taken back without a corresponding legal obligation if we have given prior written consent and the goods are in perfect condition and in their original packaging. The agreed return delivery, which is to be made free to our warehouse, will be credited minus an appropriate proportion of costs. Custom-made products and surface-finished parts can never be taken back.
The place of performance for all obligations from the contract is Hamburg. The place of jurisdiction - also for lawsuits against bills of exchange and checks - is Hamburg, provided the customer is a registered trader, legal entity under public law, special fund under public law or has no general place of jurisdiction in Germany.
This document has been translated automatically. If the result should lead to different interpretations, only the German version is valid!