Deliveries, services and quotations on behalf of the seller to commercial merchants and industrial customers (not for end-users) are provided solely on the basis of these terms and conditions of delivery and payment. They shall also apply to all future business transactions, even if they are not again expressly agreed upon.
Conclusion of contract
The order is accepted by the seller only if it is confirmed in writing. Written or faxed additions, amendments or ancillary agreements solely become effective following written confirmation by the seller. The seller may accept the order within a reasonable period of time. The order may be cancelled by mutual agreement.
Object of the delivery
The samples provided by the seller shall be taken if possible from current production. Receipt of a test load is essential with regard to the condition of the goods en masse. Suitable varieties shall be provided to the best of our knowledge. However, in all cases, it is the duty of the purchaser to check whether the product meets his specific requirements. Small batches of every delivery must first be tested before processing en masse.
Reservation of delivery options
If for unforeseen reasons and in cases of force majeure, e.g. fire, explosion, flooding, a lack of operating and raw materials, caused by power supply, machine repair, measures taken by the authorities, war etc., there is partial or complete disruption to the seller’s or his supplier’s normal production operations, thereby delaying the execution of the contract, then the seller shall be exempted from his obligation for timely delivery and the agreed delivery period shall be extended by the duration of the disturbance and its consequences, even if there has already been a delay to delivery.
Compliance with the delivery time requires fulfilment of the purchaser’s obligations, in particular relating to the agreed payment terms and conditions.
Packaging shall be supplied in an appropriate state for shipment. Responsibility for damage to or loss of weight shall therefore only be accepted on presentation of an official certificate. The packaging material shall be calculated separately, including a filling charge. The customer’s carriage paid and still usable packing units shall be reused for packaging subject to a filling charge.
Transfer of risk
The risk shall pass with the shipment of the goods from the factory to the purchaser, even if carriage paid delivery has been agreed, however the seller shall be liable for the proper handling of the goods by his staff. Insurance shall be at the expense of the purchaser, with the seller only being obliged on the order of the purchaser.
The quoted, agreed or prices quoted in price lists are net prices plus shipping costs, packaging and energy surcharge, plus the applicable statutory sales tax. All prices apply ex works.
Payments received shall always be used to settle the oldest due items plus the current costs and interest on arrears. The price must be paid without any deduction. The weight officially determined at the place of shipment is decisive for calculation of the price. In the event of late or deferred payment, bank interest and commission shall be calculated, without this requiring a formal reminder. In the event of non-compliance with the terms of payment, the seller shall be entitled to stop further deliveries, also to withdraw from the contract and demand security for the settlement of additional deliveries. There can be no retention of payments or offsetting against claims on the part of the purchaser. The solvency of the purchaser shall be a fundamental requirement for all contracts. The seller shall therefore be entitled to claim payment in advance if, after conclusion of the contract, he has doubts about the solvency of the purchaser.
Liability for defects of the goods
The seller shall not be obliged to fulfil warranty claims for as long as the purchaser has not met his payment obligations, or withheld payments. Complaints must be submitted within the statutory period, but at latest within 30 days of receipt of the goods, otherwise all claims on the part of the purchaser, even those based on concealed defects, shall expire. ln the event of a complaint, our duty of replacement only extends at most to the return of the goods against reimbursement of the purchase price, but only if the goods are still in their original packaging. This restriction applies to direct or indirect damage.
Transferability of the rights of the purchaser and retention of title
The purchaser may not transfer his contractual rights to a third party without the express consent of the seller. The object of delivery remains the property of the seller until the fulfilment of all liabilities on the part of the purchaser resulting from the business transaction.
Binding nature of the contract
The contract shall also remain binding even in the event of the ineffectiveness of individual items of its terms and conditions. German legislation alone shall prevail for any judgement.
Place of jurisdiction and place of performance
If the purchaser is a businessman or a legal person under public law, the place of jurisdiction for all disputes resulting directly or indirectly from the contract shall be Kronach District Court or Coburg Regional Court.
Weißenbrunn in February 2016