a) All quotations, orders and agreements exclusively these conditions apply to the exclusion of the conditions of purchase of which require different agreements express written confirmation.
b) These conditions shall be recognized by award of the contract, regardless in what way, by acceptance of delivery, also without written confirmation. The purchaser acknowledges the current version also for all future transactions as binding.
c) All contractual relationships, the law of the Federal Republic of Germany applies to all contractual agreements.
b) Verbal or faxed Agreements are only valid when confirmed in writing. written.
c) With already made delivery our invoice or delivery note is to be the order confirmation.
a) A deadline is only acceptable if it is agreed in the order confirmation. The seller is obliged to comply with an agreed delivery date. The deadline is considered met when the goods arrive before the date or within four weeks of the expiry date at the customer.
b) If the delivery date is exceeded by more than six weeks, the purchaser has the right to set the seller a reasonable time limit. If the seller have no proof of delivery by the end of the expiry date, the buyer can withdraw from the contract by giving written notice.
The aforementioned periods are inapplicable if they are specifically excluded in writing. If the seller intentionally confirms delivery dates which cannot be observed, or binding commitments are not reached, he is obliged to compensate the damage resulting from failure to comply.
The obligation to pay compensation to the buyer, even if it is not under written exclusion of the fixed delivery deadlines, the seller still has, if he agrees delivery dates grossly negligent and does not keep.
Moreover, claims for damages by for non-delivery or delays are excluded.
In failure of the seller as well as acts of God or other unforeseen obstacles, such as riots, stoppages, strikes or lockouts, excludes the right of withdrawal.
4. Prices, Payment, Retention, Offsetting:
a) Prices are subject to change from stock, packing excluded.
The cost of transportation, such as freight, loading, transport security is to be borne by the buyer.
If a particular shipping method is specifically requested, the buyer has to bear the additional costs incurred.
b) All items, unless they are sold by weight (including packaging), are weighed and charged by gross weight.
c) The calculation is based on the Euro rates,on the day of delivery, unless other agreements have been made.
d) All payments have to be done free of charge and to be paid in the currency calculated at the location of the seller.
e) Cash payments are only payments in cash, at the latest on receipt of delivery. Remittances are classified as payment at the time of credit and subject to the usual reservation.
f) If payment is exceeded, interest at 2% above the current discount rate of the German State bank is levied.
g) Bills of exchange and checks will only be accepted as conditional payment. Acceptance of bills of exchange is subject to the precondition of discount.
Costs of discounting and collection to be borne by the buyer.
h) Discounts as cash discount, discount or other benefits are granted only according to specific, written agreements. Discounts of any kind are inapplicable if at time of payment other, already overdue demands are open or if buyer is in process of or in bankruptcy.
i) The buyer may only offset against our claims or assert a right of retention if his counterclaim is undisputed or he has a legal title.
j) Where insufficient references exist, shipment is only made against prepayment or cash on delivery. If claims appear compromised, security may be required.
5. Retention of Title:
a) The delivered goods remain the seller’s property as long as all obligations arising from the purchase agreement are fulfilled by the buyer.
b) If the buyer defaults, the seller is entitled to demand the return of the goods.
c) The retention of title extends to the result of processing, blending and mixing of new products.
d) The buyer undertakes to resell of goods delivered only under reservation property in turn only under reservation.
e) The buyer's claims arising from the resale of the reserved property are assigned to the seller.
f) Seizure of the subject property by third parties must be notified immediately.
The buyer has to bear the costs of measures to eliminate the intervention of third parties, in particular the cost of invention litigation, if they can not be recovered by the prevailing party. To protect the seller, the goods have to be stored outwards fort he account oft he buyer.
6. Delivery and Packaging:
a) The risk passes to the buyer when the goods leave the seller's warehouse. All shipments, including any return travel at the risk of the purchaser. This is the case even if the seller pays the transport costs.
b) Shipping and packaging done by professional and commercial practice or at our discretion, but without any liability for the cheapest packing and shipping. Unopposed acceptance of the product is considered proof of proper packing.
a) Equipments and machines are subject to the separate warranty terms.
Warranty confirmation are part of these conditions.
b) All products are made from selected raw materials and with the utmost care. They are supplied in the design and composition, applicable at the time of delivery.
c) The warranty obligation of the seller extends the exclusion of any other warranty claims of the customer for replacement or repair, the purchaser may require at failure of the repair or replacement claim a reduction of the purchase price or cancellation of the contract.
d) The warranty claims must be for immediately obvious defects at the latest within 10 days of delivery, claims with no apparent defects in writing immediately on discovery. The warranty period shall expire six months after delivery of the goods.
A warranty is invalidated when changes have been made by others in the goods delivered, or if the buyer of the call from the seller to return the defective item does not immediately comply.
e) The seller is not liable for direct or indirect or consequential damages arising out of his delivery object to persons or property, or resulting from loss of profit, unless such damage on a willful breach of the seller based.
f) Technical advice or installations are carried out by qualified personnel according to conscience. Consequential damages resulting in liability is excluded if they were not caused by wilful breach of contract.
The seller is entitled to process all the data on the buyer within the meaning of the Federal Data Protection Act, which he received as part of or in connection with the business relationship from the buyer or third party.
9. Performance, Jurisdiction:
a) For all obligations arising from the contractual relationship is Cologne. The seller is entitled to sue the buyer at his office or any other location.
b) The exclusive venue for all claims arising from the contractual relationship shall be the District Court of Cologne. This also applies to any future claims arising from the business, including such changes or other documents, if the buyer is a merchant or the claims by way of collection proceedings are brought or the buyer has no general jurisdiction in Germany, after the conclusion of habitual residence or residence from the home moved, or his domicile or habitual residence at the time of action is not known.
a) If any provision of these terms are recognized body by, then apply the terms and conditions further in the rest.
b) One thereby resulting gap is filled in as the parties would have done it, assuming they had known the invalidity of that provision.