The nature and scope of goods and services by our order confirmation shall prevail.
For each contract concluded with us only our terms and conditions apply. The shopping and business conditions of the customer are not part of the contract. Silence on our part with respect to business and commercial conditions of the purchaser shall not constitute consent.
All conditions is in conflict with these general delivery and payment of the purchase and verbal side agreements are only valid if we have given our consent in writing.
Subsequent changes that arise due to incomplete records of the purchaser or third parties will be charged separately.
At the prices in our offers we think to us 30 calendar days. They are ex works excluding freight costs and without packing on shipment at our discretion. Mounting and commissioning and start-up are not included.
The obvious clerical errors can be corrected later by us.
If you change the list prices valid on the day of delivery list prices.
If the purchaser at call orders the goods within the agreed period not fully down, so as representing a quantity discount granted for the entire order.
Our invoices are payable within 30 days net from date of invoice. The due date of the invoice from the receipt of the goods or the existence of warranty claims independently.
If the bill is not paid in accordance with, as may be required by the customer interest at the rate of 5% above the discount rate.
If the financial circumstances of the customer a significant deterioration, or if we become aware of circumstances which reduce his credit, we have the right to change the terms of payment or to cancel the contract.
IV. delivery times
The delivery times stated are approximate and to be regarded as approximate. Partial deliveries are permissible and are considered as an independent business.
The delivery period begins on the day on which the match is on the order between the customer and ourselves schriftlilch. Compliance with the delivery period assumes that the receipt of all supplied by the Purchaser, timely clarification and approval of plans and the necessary permits and approvals. If these requirements are not met on time, the delivery time will be extended.
If we are prevented from fulfilling our obligation to deliver due to force majeure or other unforeseen circumstances the delivery period shall be extended if the delivery or service is not impossible accordingly.
Delay in delivery shall not entitle the purchaser to the cancellation of the contract. A claim for damages is excluded.
The packaging is done at our discretion and with all due care. Special requests are payable by the purchaser.
Vl. Retention of title
The goods until payment of the invoice or other claims from running account of our property.
The purchaser is entitled to resell the goods in the ordinary course of business to a third party. Customer hereby in advance from the purchase price against the third party in the amount of the invoice amount due to us. It is authorized to collect the assigned claim as long as he fulfills his obligation towards us terms of the contract.
The customer is obliged to immediately make us message if supplied by us shall be impounded or a settlement or bankruptcy proceedings are instituted against his assets.
VII. Transfer of Risk
The risk is even carriage free delivery over to the buyer once the shipment has left our premises. Delayed the customer the dispatch, the risk passes to the statement of readiness for dispatch him.
At the written request of the customer, the goods are insured against breakage, transport and fire damage.
Shipping regulations are observed by us, on the other hand, we do not assume any liability for the cheapest shipping.
VIII. special Services
Switching schemes, balancing and device assembly, additional benefits and are charged extra. It can be calculated as flat rate or according to actual expenditure, plus travel costs, diaries and release funds. Pay for overtime and Sunday and holiday work shall be borne by the purchaser. Preparation, travel, waiting and travel times will be charged as working time.
If the equipment installation performed by the customer or a contracted third party, the applicable operating and installation instructions of the supplier are observed.
The copyright on the design drawings, diagrams, schedules and other documents made available by us remain with us. Reproduction is permitted provided that the source is acknowledged.
For material defects and defects in the execution of our devices through which the devices are significantly affected unusable or in your fitness, we provide a one-year equipment warranty. The warranty period begins on the date of dispatch.
The determination of the defects must be reported to us immediately in writing. (Reprimand) In violation of reprimand we are free from any warranty. The Defective equipment or equipment parts are sent to us immediately.
For claims of guarantee or warranty, we may at our discretion, either repair the defective equipment or equipment or for replacement. Further claims of the customer to change or reduction are excluded, unless that is the lack costs of repair or replacement part delivery impossible. In addition, claims for damages, in particular consequential damages, operating losses, lost profits, etc. are excluded in all cases.
For damages incurred due to incorrect or insufficient information on the operating conditions, caused by improper handling or installation of the equipment or the excessive use or normal wear and tear, we do not come on.
The warranty shall expire immediately if the customer or third parties without our written consent to make changes or repairs to our devices.
X. Liability for any other reason
Damage claims of the customer, for whatever legal reason, including tort, product liability in, wrong advice, breach, negligence in contracting are excluded, unless the supplier is guilty of intent or gross negligence. This disclaimer does not apply if the product is missing a guaranteed feature.
Xl. Return of goods
The buyer has no right to return the goods duly delivered by us. A return is possible only with original packaging devices with our prior consent. In case of redemption, a handling charge of 20% of the invoice amount is deducted.
XII. Place of performance and jurisdiction
Place of delivery and performance is Wahlstedt.
Furthermore, the law in force in the Federal Republic of Germany shall prevail.
Arise jurisdiction for all from the contractual relationship and over and its effect, litigation (including bills of exchange and checks suits) with merchants and payment order is Bad Segeberg.
The invalidity of individual provisions shall not affect the validity of the remaining provisions.