- General The following general terms and conditions of sale, delivery and payment (ALVB) are part of the legal relationship between us and the customer based on orders placed with us and, as exclusively valid contractual terms, take precedence over other regulations, in particular conflicting purchasing conditions of the customer. Conditions and agreements that deviate from our ALVB are only valid if they are expressly confirmed by us in writing. If there are any doubts about the content and extent of such change agreements, our AVLB apply. Our AVLB in the version printed here apply until further notice to the legal relationships between us and the customer from all current, not yet fully processed and future orders of the customer. Any ineffectiveness or the effective modification of individual provisions shall not affect the validity of the remaining provisions of our AVLB.
- Offer, order Our offers are always non-binding. The customer is bound to the order placed by us for 4 weeks from receipt. An order is only accepted as legally binding if it has been confirmed by us in writing by means of an order confirmation; this also applies in particular to orders placed through representatives or travelers or other sellers. All possible ancillary agreements as well as subsequent additions and changes to the order require our written confirmation to be valid. Every order comes about with the content that results from our written order confirmation in connection with our AVLB. A significant deterioration in the customer's financial circumstances occurring after the conclusion of the contract entitles us to withdraw from the contract at any time and releases us from further delivery obligations. We are also entitled to withdraw from the contract to the exclusion of any liability for damages towards the customer in the event that the ability to deliver, pricing or quality of the goods of our suppliers or the services of other third parties on which the proper execution of the order placed with us depends change significantly. The same applies if, after the conclusion of the contract, circumstances for which we are not responsible, in particular sovereign measures, result in significant sales reductions; In the export business, such a case is, for example, a change in the exchange rate that reduces the sales proceeds at the time the contract is concluded, based on the net value of the goods, by more than 4%.
- Delivery date An agreed delivery period usually begins on the day of our written order confirmation, but in no case before the point in time at which complete agreement between us and the customer on the content of the order has been established in writing. Insofar as the execution of the order depends on the customer's cooperation, the orderly and timely fulfillment of such cooperation obligations on the part of the customer is a prerequisite for compliance with the delivery period. The delivery time is generally considered to be reasonably extended if it cannot be met due to circumstances for which we are not responsible (e.g. force majeure, operational disruptions, strikes, etc.). A delayed arrival of material and services that are necessary for the execution of the order is also considered a circumstance for which we are not responsible. A permanent hindrance in cases in which non-compliance with the delivery period is due to circumstances for which we are not responsible entitles us to withdraw from the contract to the exclusion of any liability for damages. In any case, we endeavor to meet the specified delivery times as best we can, taking into account the above provisions. A delivery is deemed to have been made when it leaves our factory. The customer is not entitled to claims for damages against us due to a delayed or unfeasible delivery.
- Dispatch, transfer of risk The ordered goods will be sent by us in proper packaging. Unless expressly agreed otherwise, shipping is at the expense and risk of the customer, even if delivery is by our own means of transport. The risk of loss or deterioration of the goods is transferred to the customer as soon as the shipment has left our works. This also applies if the shipment is carried out with our own means of transport. If the customer so wishes, the shipment will be insured at his expense against damage due to deterioration or loss during transport. If shipment is postponed at the request of the customer, the risk is already transferred to the customer on the day the goods are ready for shipment.
- Prize Our prices do not include packaging costs, shipping costs, insurance and the applicable statutory value added tax; Any customs clearance is the responsibility of the recipient.If, due to a subsequent cancellation or other restriction of his order, the customer accepts a smaller quantity than that specified in the order or in the order confirmation, a subsequent calculation will be made on the basis of the higher unit price applicable to the smaller quantity. This applies in particular to call orders.
- Terms of Payment The invoiced amounts are payable within 14 days of the invoice date on the net value of the goods without deduction. Invoices are usually sent electronically, unless expressly requested otherwise. Payment must be made regardless of receipt of the goods and any notification of defects. Offsetting and retention due to any counterclaims by the buyer are excluded, unless the counterclaims are undisputed or have been legally established. Bills of exchange and checks are only accepted as payment, but not in lieu of performance. Payment by bill of exchange is only permitted with our prior express consent. Collection and discount charges shall be borne by the customer. If the payment deadline is exceeded, we are without a special reminder and subject to the assertion of further damage caused by default, entitled to charge interest on arrears to the extent customary in banking, but at least 4% above the respective discount rate of the Deutsche Bundesbank. If the customer is in arrears with payment, we are entitled to withdraw from the contract and to demand the return of goods that have already been delivered, without setting a deadline. The customer cannot set off counterclaims against our due claims; counterclaims just as little entitle the customer to refuse payment. Representatives, travelers or sellers are not entitled to accept payments without special authorization. In the export business, the submission of the payment documents is a prerequisite for the delivery of the goods. Deviations from this must be confirmed by us in writing.
- Retention of Title The delivered goods remain until all payment obligations of the customer from the business relationship between him and us have been fulfilled, in particular until checks, bills of exchange, etc. have been cashed. our property. The customer may only resell the goods delivered by us under retention of title in the ordinary course of business, either for cash payment or while maintaining our retention of title. The customer is not permitted to pledge or transfer by way of security the items still in our ownership. The customer hereby assigns to us the claims arising from the sale of reserved items against his customers in the amount of his resale price with all ancillary rights; if the items delivered by us are sold by the customer together with items from other suppliers and a total invoice is issued, then the amount of the total invoice amount that is attributable to the items belonging to us and included in the total invoice is assigned to us. The customer is authorized to collect the claims or parts of the claims assigned to us in accordance with the above paragraph. This right of collection of the customer does not affect our own right of collection and is revocable at any time; however, we will not make use of our collection rights as long as the customer meets his payment obligations. In the event of default in payment or the seizure of the items subject to our retention of title and the opening of composition or bankruptcy proceedings against his assets, the customer is obliged, at our request, to provide us with a list of all items in his possession that are still our property and a list of the claims or parts of claims assigned to us in accordance with paragraph 2, stating the amount, the names and addresses of the debtors; at our request, the customer must also notify the debtors of the assignment of the claim to us. We undertake to transfer the claims assigned to us according to paragraph 2 back to the customer as soon as he has fulfilled all existing liabilities to us. In the event of seizure by a third party or the opening of bankruptcy or composition proceedings against his assets, the customer is obliged to inform us immediately by registered letter and to inform the enforcement bodies of the retention of title in our favour; the customer is fully responsible for any damage that occurs as a result of improper or untimely information and notification. In the event that the customer defaults in payment, a creditor of the customer seizes items belonging to us or composition or bankruptcy proceedings are opened against the customer's assets, the entire remaining debt becomes due. In this case, the purchaser's right of possession and use of the delivered item expires; we are entitled to demand the immediate return of the items to the exclusion of any rights of retention on the part of the customer. The customer is liable for all losses that occur, in particular for the reduction in value not covered by down payments by the customer. In the event that the delivered items are handed over to us after this, the claims or parts of claims assigned by way of the extended retention of title in accordance with paragraph 2 serve to secure a loss that is not covered hereafter.
- Warranty The customer must inspect the items delivered by us immediately upon arrival and, if a defect should become apparent, notify us in writing immediately, but no later than within 8 days of receipt of the items, stating the type and extent of the defect. If the customer fails to inspect and report defects in good time, the delivery shall be deemed to have been approved in full. We provide a guarantee for any defects not recognizable at the time of delivery, which can be proven to be due to material and working errors and are reported to us in writing within 6 months of handover of the delivered items at the latest, insofar as the defects are repaired or replaced free of charge by repairing or replacing the defective parts be eliminated. The defective parts are dismantled and sent to us immediately carriage paid; we will not reimburse assembly costs. Rescission and reduction are excluded. Our warranty does not extend to defects that are due to causes other than those mentioned in the previous paragraph, such as natural wear and tear, improper and careless handling, coincidences or accidents. Our warranty obligation expires 6 months after handover of the delivered items. Further claims of the customer than those mentioned above, in particular claims for compensation for any consequential damage, are excluded. A notice of defects does not entitle the customer to stop or delay the agreed payments.
- Applicable law, place of performance, place of jurisdiction The legal relationships between us and the customer are uniformly subject to the law of the Federal Republic of Germany.The place of performance for delivery and payment is Lörrach-Hauingen. The place of jurisdiction for all legal disputes arising from this order or the other business relationship between us and the customer is Lörrach.
