Business terms of delivery and payment
I. Delivery time
1. The delivery period begins with the dispatch of the order confirmation, but not before the provision of any documents to be procured by the purchaser, approvals, and before receipt of an agreed down payment.
2. The delivery period is met if the readiness for shipment has been notified by the time the delivery has expired or the delivery item has left the factory.
3. The delivery period shall be extended for measures in the event of industrial disputes, in particular strikes and lockouts, as well as for the occurrence of unforeseen obstacles beyond our control, e.g. Operational disruptions, delays in the delivery of essential materials, as far as such obstacles are proven to have a significant influence on the delivery of the delivery item. This also applies if the circumstances occur with subcontractors. The delivery period is extended according to the duration of such measures and obstacles. The aforementioned circumstances are not responsible for us even if they occur during an already existing default. We will inform the customer of the beginning and end of such obstacles in important cases as soon as possible.
4. Partial deliveries are permissible within the delivery periods specified by us, insofar as there are no disadvantages for the use thereof.
II. Scope of delivery
1. The scope of delivery is determined by our written order confirmation.
2. Design or design changes that are due to the improvement of the technology or to demands of the legislature, remain reserved during the delivery time, provided that the delivery item is not significantly changed and the changes are reasonable for the purchaser.
III. cancellation costs
1. If the customer withdraws from an order placed without authorization, we can demand 10% of the selling price for the costs incurred by the processing of the order and for lost profit, without prejudice to the possibility of asserting a higher actual damage. The customer retains the right to provide evidence of minor damage.
IV. Packaging and shipping
1. Packaging becomes the property of the customer and charged by us. Postage and packaging charges will be charged separately. The choice of transport is at our discretion.
V. Acceptance and transfer of risk
1. The customer is obliged to accept the delivery item. Unless otherwise agreed (delivery by us), the transfer takes place in Hagen-Hohenlimburg. The purchaser is entitled to inspect the delivery item within fourteen days of receipt of the notification of availability or other notification of completion at the place of delivery. The purchaser has the obligation to accept the delivery item within the same period, unless he is temporarily prevented from accepting it without his fault.
2. If the customer with the acceptance of the object of purchase longer than fourteen days from receipt of the notification of intent or gross negligence in arrears, we are entitled to set a grace period of a further fourteen days to withdraw from the contract or to claim damages for non-performance. It is not necessary to set a period of grace if the customer seriously or finally refuses to accept it or is obviously unable to pay the purchase price within this time.
3. The risk is transferred to the customer with the acceptance of the delivery item. If the purchaser declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item shall pass to the purchaser at the time of refusal.
VI. Price changes
1. Price changes are permissible if there are more than four months between the conclusion of the contract and the agreed delivery date. If wages, material costs or market prices increase thereafter until the completion of the delivery, we are entitled to increase the price reasonably in accordance with the cost increases. The customer is only entitled to withdraw if the price increase not only negligibly exceeds the increase in the general cost of living between order and delivery.
2. If the purchaser is a merchant, a legal entity under public law or a special fund under public law, price changes in accordance with the aforementioned provision are permissible if there are more than six weeks between the conclusion of the contract and the agreed delivery date.
1. We assume liability for defects in the delivery items in the following manner:
For new machines and equipment we limit the warranty period to 1 year due to the legal possibilities.
For used machines, we grant customers who buy the devices for their own use a warranty period of proves burden.4. If the purchaser is a merchant, a legal entity under public law or a special fund under public law, the withholding of payments due to any counterclaims of the purchaser which are not recognized by us is not permitted, just as the offsetting against such.XI. Place of performance and jurisdiction1. Place of fulfillment is Hagen2. For all disputes arising from the contractual relationship, if the purchaser is a registered trader, a legal person under public law or a special fund under public law, the claim must be brought to the court which is responsible for our head office. We are also entitled to sue at the customer's headquarters.3. Exclusively German law applies to the exclusion of the laws on the international purchase of movable objects, even if the customer has its headquarters abroad.XII. Other1. Transfers of rights and obligations of the customer from the contract concluded with us require our written consent to be effective.2. Should a provision be or become invalid, the validity of the other provisions shall remain unaffected.
Business terms of delivery and payment