Delivery and Payment Conditions
By placing his order, the purchaser agrees to the following delivery and payment conditions. These conditions shall remain in effect throughout the business relationship unless expressly altered in writing.
We reject all delivery and payment conditions of purchasers that differ from our own. Individual differing purchase con- ditions shall only be binding if we confirm them in writing.
2. Offers and prices
Unless expressly agreed to the contrary, all offers are understood to be non-binding and subject to change with- out notice. For all deliveries, the sales price shall be the cur- rent price in effect on the day of delivery. The most recently published price list shall supersede all others. Unless other- wise specified, prices are quoted without VAT.
3. Delivery, acceptance, place of performance
For all orders, shipment shall be made at the expense and risk of the purchaser from either the production plant or our warehouse, even in the event of pre-paid freight deliv- ery.We shall not be held liable for damage incurred during shipping or at the final destination. Purchasers shall claim any damage or losses from the shipping company prior to accepting a shipment. Delivery possibility is reserved for all orders. Delayed deliveries shall entitle the purchaser to rescind an order, but shall not represent an entitlement to damages. We accept no liability for timely delivery.
Complaints concerning defects must be lodged immedi- ately after receipt of the goods and before the installation of any products. Cancellation or reduction may be demanded, but the customer shall be entitled to no other claims of any kind as a result of defective delivery. The place of perfor- mance shall be, even for pre-paid delivery, the loading dock in Iserlohn.
For sales according to sample, it shall be warranted only that merchandise shall conform to the sample character- istics. We expressly refer the purchaser to the information in our most current brochures and technical data sheets for product installation. No warranty is made of suitability for any specific application. Advice and instructions for use are given in good faith on the basis of experience and test- ing, and in accordance with the best of our knowledge, but no liability on our part may be derived therefrom, unless the defectiveness of the delivered product entitles the pur- chaser to claim warranty or liability payments required by law. Depending on the individual installation situation, users of the product shall be responsible for conducting their own professionally qualified assessment of the product prior to any use of the product to verify it is free of defects and usable. In cases of installing products that do not comply with the state of the art, e.g., due to their novelty, the cus- tomer (installer) shall be responsible for making the appro- priate arrangements with the property developer.
Invoice amount must be paid in Euros by the Payment Due Date. Rebates and discounts are granted by special arrangement only. Cash discounts on new invoices are not applicable until all due invoices are paid. In the event of payment in arrears, we shall be entitled to claim interest on the payable amount at an amount by 5% higher than the basic interest rate (§247(1), German Civil Code) p.a., start- ing from the first day of arrears and without additional noti- fication. Acceptance, bills of exchange or cheques taken in payment shall be considered as such only after they have been honoured. Nonconformity to payment terms, or other credit-limiting factors that become apparent after entering the contract agreement, will cause all outstanding invoices to become due immediately and allow us to cancel the con- tract.
Deliveries to customers who are not known to us, or in the case of small orders, or for any other reason which appears necessary to us, may be sent by us cash on delivery, or (in the event of pick up) cash payment may be demanded upon pick up.
6. Retention of title
The merchandise shall remain our property until all of our claims arising from the business relationship with the pur- chaser shall be fully paid. The purchaser shall be obliged to notify us of any actions by third parties affecting the deliv- ered merchandise which is under retention of title.
If the delivered merchandise or objects produced from their further processing are resold by the purchaser or installed in a real estate property belonging to a third party, in such a way that they become essential components of that third party’s property, then all claims an ancillary rights arising for the seller from such sale or installation vis-à-vis this buyer or third parties shall be assigned to us.
A special declaration of assigment shall not be required. Rights arising from the retention of title shall remain in effect until the complete release from all contingent liabilities which the seller/deliverer has undertaken in the interest of the purchaser/buyer.
Changes with respect to the preceding conditions shall be effective only if agreed to in writing. Verbal or agreements shall be valid only if they are confirmed in writing. Conflicting conditions of the purchaser cannot be reconized. Should individual provisions of these delivery and payment condi- tions be found contrary to binding law, the legal validity of the remaining provisions shall not be affected.
8. Jurisdiction and final note
The place of jurisdiction shall be Iserlohn or Hagen, includ- ing in matters involving bills of exchange or checks, if the purchaser is a registered merchant or if the remaining con- ditions of § 38, Code of Civil Procedure, apply. All disputes arising from this agreement shall exclusively be subject to the law of the Federal Republic of Germany, exactly as it is applicable to domestic business transactions between domestic parties. The invalidity of individual provisions of these delivery and payment conditions shall not affect the remaining provisions.