General Terms and Conditions of Business
- Our offers are always subject to change. With the publication of new catalogues or price lists, the previous ones lose their validity. Orders confirmed by us will be executed at the agreed prices, unless otherwise agreed. In the case of orders for which a delivery period longer than 6 months has been agreed or is required, we shall be entitled to charge our list prices valid at the time of delivery.
- By placing an order, the customer accepts our terms and conditions of sale, delivery and payment. Any conflicting terms and conditions of purchase of the customer shall have no legal effect against us and shall not affect the binding nature of our terms and conditions of sale, delivery and payment, even if we do not expressly object to them.
- Shipment shall always be made for the account and at the risk of the customer, even if carriage paid delivery has been agreed, unless other conditions have been expressly agreed in writing. This also applies to our prices, which are always ex works. If no special mode of dispatch has been agreed, dispatch shall be at our discretion.
- Our prices include packaging.
- Our delivery times are given to the best of our judgement. Agreed delivery dates are carefully planned and their observance is monitored. However, they are only approximately binding for us and may diverge by 3 – 4 weeks. After expiry of these deadlines, the purchaser is in any case obliged to set us a reasonable period of grace of at least 3 weeks for delivery. After this period of grace has been exceeded, the customer is entitled to withdraw from the contract with regard to the ordered delivery. Claims for damages of any kind, in particular due to delay and for indirect consequential damages, are excluded. If force majeure or circumstances for which we are not responsible make it impossible to execute the order on time, we shall be entitled to postpone the fulfilment of assumed obligations appropriately or to withdraw from the contract in whole or in part.
- In the case of custom-made products, we reserve the right, as usual, to over- or under-deliver by up to 15%.
- Our invoices are payable within 10 days of the invoice date with a 2% discount or within 30 days net, unless other terms have been expressly agreed in writing. The deadline is the date of receipt of payment at our company or the value date on one of our bank accounts. If the deadline is exceeded, the interest or costs customary at major banks will be charged.
- Complaints due to defective, incomplete or incorrect deliveries must be notified to us in writing no later than 10 days after receipt of the goods, but in any case before installation and resale. In the event of a justified notification of defects in due time, we shall be entitled, at our discretion, to rectify the delivered goods, to make replacement deliveries or to credit the reduced value. Notices of defects can only be accepted if they are made in writing within the time limit and include a precise description of the defect and free-of-charge delivery of the goods to which the complaint relates. In order to make a proper assessment, we are also entitled to request parts that are functionally related to the goods complained about, which must be sent to us free of charge within 10 days. A defect for which we are responsible shall not be deemed to exist in the following cases in particular:
– In the event of use of the delivery item other than that intended and known to us
– In the event of improper handling by the customer or by third parties, e.g. improper installation.
– Faulty installation or – if necessary – use of third-party additional parts.
– Use of improper third-party materials
In the case of justified notices of defect, we shall bear the expenses necessary for the purpose of rectifying the defect, insofar as they correspond to the usual cost rates. The claim for defects shall become time-barred at the latest 6 months after a justified rejection of the notice of defects by us. The filing of a notice of defect shall require payment of the purchase price or remuneration and shall not entitle the customer to retain the purchase price or remuneration. The customer may only offset our claims with undisputed or legally established counterclaims.
- German law shall apply to all contracts concluded. The place of jurisdiction is Reinbek near Hamburg. This also applies to contracts with foreign customers. Furthermore, the place of jurisdiction is agreed to be Reinbek near Hamburg for claims asserted by way of dunning proceedings.
- All parts offered are offered as spare parts. Any original numbers given are for comparison purposes only and are intended to make it easier for the buyer to select the parts required.
- We reserve title to the delivery item until all our claims against the purchaser arising from the business relationship, including future claims, including those arising from contracts concluded at the same time or later, have been settled. In the event of seizure or other interventions by third parties, the purchaser must inform us immediately in writing. The customer is entitled to resell the delivery item in the ordinary course of business. He shall be obliged to resell the reserved goods only subject to retention of title if the goods are not paid for immediately by third parties. The customer is not permitted to pledge or assign the goods as security. The customer hereby assigns to us all claims accruing to him from the resale against the purchaser or against third parties, irrespective of whether the reserved goods are resold without or after agreement. We accept this assignment. At our request, the customer shall provide us with the information on the assigned claims required for collection and notify the debtors of the assignment. The processing or transformation of goods subject to retention of title shall always be carried out by the customer on our behalf without any obligations arising for us. If the reserved goods are processed or inseparably mixed or combined with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed, combined or mixed items at the time of processing, combination or mixing. If our goods are combined or inseparably mixed with other movable objects to form a uniform object and if the other object is to be regarded as the main object, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis insofar as the main object belongs to him. The customer shall keep the property or co-property in safe custody free of charge. In all other respects, the same shall apply to the item created by processing or mixing as to the goods subject to retention of title. We undertake to release the security to which we are entitled insofar as its value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 25%. In the case of bills of exchange, cheques, etc., payment shall not be deemed to have been made until they have been honoured.
- Claims for compensation based on information in our house catalogue cannot be accepted.
- In accordance with the Data Protection Act, we would like to point out that we have stored data about you and will also process this data.