1. Terms and conditions (General Information)

All offers, deliveries and services apply exclusively to the following terms and conditions. Different agreements must be formulated in writing.

2. Prices and Dispatch

All prices are quoted in Euro currency, exclusive of VAT. They apply unless otherwise agreed ex works, excluding packaging, freight, customs and import duties. Shipping is at the expense and risk of the purchaser. Shipping fees are calculated proportionately and as a lump sum:

Invoice amount to 150, - = 6.10
Invoice amount over 150, - = no charge

In the event of increase in transport costs, the fees will be adjusted. Partial consignments caused by us are free postage.

3. Delivery and Acceptance

Deliveries will be made as far as possible in time. However, details of delivery times don’t remain binding until they are confirmed in writing. Partial delivery is permissible.

4. Warranty

Any objections must be made immediately and directly to the seller, but not later than 10 days after receiving the goods. The Seller reserves the right to slight deviations, in particular of quality, design, thickness, surface and color, when they are unavoidable due to the material or for technical reasons. They are not accepted as reasons for complaint. We can’t guarantee color fastness.

If there is a significant shortage of goods delivered and the buyer complained in time, the seller is obliged to decide whether rework the lack or take the faulty goods back and deliver substitutes.

As long as the buyer hasn’t paid in time, the seller neither is obliged to repair, nor to supply a replacement. A right of retention cannot be asserted by the buyer. Liability is not accepted for unknowable defects. For personal accidents, property damage, or operational failure resulting from lacks or defects of the products of the seller, the seller assumes no liability.

If you return the goods, the consent of the Seller must be sought before dispatch.

Returns must be sent free of charge. Also for oral proceedings and consultations on delivery complaints, such as Notification of defects, etc., shall prevail the wording of the written confirmation of the seller. Single verbal arrangements are irrelevant.

5. Subsequent delivery period

In all cases the seller has the right to get a reasonable subsequent delivery period, which shall be at least four weeks. This period must be made in writing explicit by the purchaser. It begins from the receipt of such notification by the Seller and shall not start automatically.

If the seller is not able to aquire the necessary labor, tools or resources timely, and therefore the delivery time of 3 months cannot be maintained, both contracting parties have the right to cancel the contract. To a claim for damages and/or compensation for loss of profit, the seller is not obliged.

For all deliveries, the delivery option is expressly reserved. Force majeure, in particular operational breakdowns, strikes, lockouts, traffic obstacles or other unforeseen events absolve the company from the delivery date. Claims for damages because of late delivery or lack of shipment, for whatever reason, are excluded.

6. Payment

Within 7 days with 3% discount
Within 15 days with 2% discount
Within 30 days net

If the payment terms are not met, we reserve the right to the collection of interest on arrears. The invoice will be considered as confirmation of order. If payment by bill of exchange is agreed, the buyer has to pay the exchange costs, especially all discount charges and collection charges.

7. Retention of title

We retain the title to all goods delivered until the buyer has paid all amounts outstanding under our business relations with him or until the bills of exchange is honoured. Unpaid goods may not be sold, pledged or otherwise transferred. For resale of the goods, the resulting claims to third parties apply as assigned to us within the limit of our credit.

8. Place of Performance and Legal Venue

Place of performance and Jurisdiction for all contractual obligations or litigation - also for checks and bills of exchange - is Heilbronn. For deliveries abroad, German law applies.

9. Partial invalidity

If any provision in these Terms of Sale and Delivery should be or become invalid or unenforceable, the other provisions will not be affected by this. The ineffective or unenforceable provision will be substituted by a valid and enforceable provision which reflects the original intention of the parties as closely as possible.

May 2014