Technology - General terms and conditions
Clear-cut general agreement terms are important factors for mutually reliable business relations. Please observe our sale and delivery terms as they include terms as well as guarantees.
1.1. These general terms and conditions cover all quotations, contracts and deliveries.
1.2. Any other extraordinary agreements reached during or after contract signing only become a valid part of the contract through our written confirmation.
1.3. Digressive general terms and conditions will not, neither in part nor as a whole, become subject matter of the contract, even when they are not expressly disagreed
2. Measurements, weights and depictions
All sizes, measurements and tables of contents in our catalogues, pricelists, brochures etc. are non-binding, and subject to confirmation by the vendor. We reserve the right to undertake alterations to the depicted products due for delivery. This especially applies to modifications or improvements.
3.1. Agreed prices are calculated and charged in Euro. All prices quoted, especially those in our pricelists, are without obligation, and must be confirmed by the purchaser. The stipulated VAT is added to the invoice and shown as a separate item.
3.2. Should the delivery of goods or provision of services by us take place 4 months after order confirmation, we reserve the right to alter the agreed charges in the event that considerable circumstantial changes, i.e. increases in material and transport costs, wages, public charges etc. have occurred in the meantime.
4.1. Invoices are payable immediately on receipt. Any other agreements must be previously confirmed in writing.
4.2. In the event of default, 1.50% interest will be due for each month in arrears. Collection expenses will be borne by the purchaser.
4.3. Invoices on export deliveries are to be paid in a loss-free currency.
5.1. Where no other agreement has been reached, all orders will be supplied "from warehouse, packing excluded". All packaging material will be taken back in accordance with legal requirements.
5.2. All deliveries, including carriage paid deliveries, are carried out at the purchaser's own risk. Normally we do not take out transport insurance cover. If the purchaser so wishes, we are willing to take out transport insurance at his expense.
5.3. Lack of materials, strike, war and any other cases of force majeure absolve us from delivery.
5.4. In as much as in any previously-mentioned or subsequent contractual provisions of these general terms and conditions, damages in our favour are excluded or restricted, this does not apply for damages caused by our gross negligence or wilful default in the performance of the contract.
6. Warranty / liability
6.1. The purchaser is liable to immediately check the delivered goods, and to notify the supplier in writing within a week of receipt, of any apparent defects. This also applies to identifiable defects in commercial transactions. The supplier must also be notified in writing of any other defects which may become apparent at a later date. The supplier must be given the opportunity of inspecting these defects.
6.2. The elimination of defects is carried out at our discretion. In the event that a subsequent improvement fails, the purchaser can either reduce the price or cancel the contract.
6.3. In the event and in as much as a manufacturer or other third party assume their liability vis à vis the purchaser, our own warranty, even in relationship to the purchaser, will not be extended in any way.
6.4. Second-hand items are sold as seen and are exempt from any warranties.
6.5. Any other claims by the purchaser which relate to faulty or false deliveries, are excluded in all cases.
6.6. As we have no influence on the application and implementation of products sold by us, we undertake no liability for damages or consequential damages, which result from their processing or use.
7. Retention of title
We reserve the right to absolute ownership of the goods delivered until all invoices resulting from our business relations are paid in full. For current invoices our absolute ownership rights apply as security for any account claims. Until the complete payment of all outstanding invoices the purchaser is not allowed to dispose of the goods which have a retention title or are part of our possessions, without our previous consent. The purchaser does have the right to the reserved goods in a proper business relationship, and to sell them as far and as long as our rights from the retention of title are safeguarded, and the purchaser is not in default of payment.
8. Place of jurisdiction
The place of jurisdiction is the relevant court for the supplier.