Terms and Conditions
1. Our offers are in particular not-binding regarding price, amount and terms of delivery. A bill of sale comes about when is not contradicted on account of the offer for the buyer obliging order within 14 days or by delivery.
2. Dispatch of our product occurs on danger and calculation of the buyer, even if own means of transportation is used. The choice of the dispatch way is decided by us. If Franco-delivery is agreed, the cargo of the receiver is to be presented; it is shortened in the calculation or is credited. Add-on costs for express train broadcastings also go to loads of the buyer. The Emballage provided on loan remains our property. The return in flawless state has to occur within three months post-free.
3. Given terms of delivery are kept as far as possible. In the delay case the buyer has to grant an extension of other four weeks. By disregard of the extension the buyer can withdraw from the contract. Other claims do not exist. Part deliveries are allowed.
4. Payment has to occur with cash at first missions by delivery. With follow-up orders payment has to occur within 10 days after calculation date purely net including value added tax. On payment after maturity we are entitled to calculate interest at the rate of at least 2% about the respective minimum lending rate of the German Central Bank. The assertion of an other delay damage remains kept. Changes and acceptances are not valid as a cash payment. The buyer has to bear the costs for discounting and collection. Our representatives or other third are not entitled to the collection. Therefore, with releasing effect can be paid immediately only to us .
5. Objections can be asserted only before use of the goods within eight days after entrance of the product with the buyer or the delivery place certain by him in writing, otherwise every fault guarantee goes out. To non-businessmen the right is preserved for the assertion of defects with hidden defects to six months after entrance of the product. The buyer is entitled basically only to spare delivery within adequate term, but not on change, decrease or compensation. Returns are not accepted without previous approval. The buyer can require cancellation of the bill of sale or adequate lowering of the reimbursement only if finally is certain after settlement of an extension that ultimately finishing touches or spare delivery are not possible. About that going out claims are excluded. With mistakes of assured qualities remains perhaps. Compensation claim to the calculation value of the delivered product limits.
6. All delivered goods remain up to the fulfilment of all bills of debt from the business connection our property. The buyer may dispose the goods merely within the scope of his proper, usual business concern, mix and or process. By disposal of the product the buyer resigns the purchase price demands from the wide disposal to us already now to the erasure of ours to all demands. The retention of title remains ineffectively with mixture and/or processing and applies then according to portion to the new product. In case of the mixture and/or processing this is valid as the buyer by order occurs, without obligations arise to this out of this. The buyer resigns beforehand to us his property, reservation property property rights or coproperty rights in the thing resulted anew according to the value portion of the processed or mixed goods; he undertakes to resell only under retention of title. A seizure or protection conveyance of the goods which stand completely or partly under this extended retention of title is prohibited the buyer. Seizures and other interventions of third in the sold objects are to be indicated us within three days for the assertion of our proprietary right. Of the announcement are to be added the security protocol as well as other in hands of the buyer located documents. A disposal of the goods which stand still under retention of title beyond the proper and usual business concern as well as a cession on account of the above clause to the shop assistant to being entitled demands is not permitted to the buyer. We commit ourselves, which to give a holiday after the preceding conditions to being entitled protections in this respect after our choice when her value exceeds the demands to be protected about 25%, however, with the possible specification that with the exception of the delivery in the real current-account relation a release has to occur only for such deliveries and their spare values which themselves are completely paid.
7.A consultation by our employees occurs exclusively from customer-friendly goodwill and is no obligation, so that from such a favour a liability cannot be derived on our part.
8. If the buyer makes some false information about his person or about his solvency and his financial relations during the order of the product or if he has deceived the shop assistant, we become free from all obligations from the contract and are entitled to require substitute of the damage and the escaped profit.
9. If facts become known to us from reliable sources which point to a bad financial situation, e. g. if reminders, change protests or executions have gone out against the buyer, we are entitled to require cash in advance or to withdraw by presentation of legal conditions from the contract. Furthermore we are entitled to the resignation of the contract, without claims of the buyer originate, if the delivery possibilities have been cancelled afterwards by circumstances which must be represented by us. This is valid in particular with failure of the presupplier, immediately for which reasons.
10. Place of fulfilment and legal venue is Worms, until legal regulations prescribe compelling something else.
11.Shopping terms of the buyer, as far as they deviate from our terms of delivery, have no validity for us, provided that they have not been recognised by us expressly in writing. By order without rebuke of us or delivery to us the business partner renounces rights from divergent own sales terms and terms of delivery.
12.The perhaps ineffectiveness of single regulations of these terms of sale and terms of delivery has on the continuance of the remaining regulations and the contract no influence. Nevertheless, the partners are held, perhaps to substitute for ineffective regulations with regulations which come close to the economic purpose of the ineffective regulations possibly.