General conditions of business
01. The following conditions apply exclusively and replace all contrary conditions which may be mentioned in the buyer’s inquiries or written orders. Any deviating or supplementary agreements are included in our order confirmations. Verbal agreements with our district or other representatives as well as telephone agreements require our written confirmation.
02. Offers are non-binding.
03. Orders are not deemed accepted by us until written order confirmation has been provided. The conditions stated in the orders of our business partners are not binding for us unless they are expressly confirmed by us.
04. We set delivery dates as soon as possible, without liability. In the event of force majeure, or if difficulties of any kind arise as a result of currently unforeseeable circumstances which prevent, reduce or make the continuation of operation entirely impossible, this releases us fully or partially from the delivery.
05. All orders are delivered at the risk of the buyer. From a product value of € 1.000.00, free of charge within Germany. For deliveries abroad and braids: ex works. In case of express deliveries, the difference is invoiced.
06. Packaging included, except for outer cardboard packaging. Seaworthy packaging is invoiced according to the respective costs. We are not liable for damage due to a time-related lack of packaging material.
07. We only provide a guarantee for the quality of our products to the extent that we are liable for remedying manufacturing or material defects which occur within the legal or contractual period through reworking or replacement delivery at our discretion. Claims for damages, conversion of the purchase or reduction of the purchase price are rejected. A time guarantee is not granted. We do not assume any responsibility for personal accidents, property damage or malfunction caused by faults or defects of our products.
08. In accordance with § 377 of the German Commercial Code, complaints are to be lodged immediately, but at the latest within one week after receipt of the goods. In case of returns, our consent is to be obtained before sending the goods. Significant deviations from samples or earlier deliveries only entitle the customer to a right of rescission or replacement, but no claims for damages or loss of profit of any kind. No guarantee can be assumed for the observance of the specific weights ( +/-10 % ) and dimensions.
09. Our sales prices as well as all offers, sales and calculations are quoted in Euro and are fundamentally subject to the statutory value added tax, taking into account the respective place of delivery.
10. The invoice amounts are payable within 10 days after the invoice date ./. 2 % cash discount or within 30 days after the invoice date net cash. In case of default, we charge default interest at the rate of 8 percentage points above the base rate and reserve the right to claim further damages.
11. Cheques are only accepted on account of performance and subject to a corresponding agreement; they count as payment when they are unconditionally cashed.
12. If the buyer defaults on payment of one of our invoices, all our claims arising from the business relationship become due immediately– irrespective of any bills or cheques accepted. We are then further entitled to demand cash payment before any further deliveries are made. If the delay in payment is not remedied within a reasonable period of time, we are entitled to withdraw from the contract and to demand compensation due to delay or non-fulfilment. This especially applies to follow-up transactions which are agreed but not yet implemented. If we become aware of any facts which indicate a significant deterioration of the buyer’s financial situation, we are entitled to demand cash payment before delivering the goods even if this was previously agreed otherwise, and to accelerate our non-prescribed claims from the current business relationship.
13. There is no interest on advance payments or payments on account.
14. The buyer is not permitted to withhold payments due to any counter claims.
15. We retain title to all goods delivered by us until full payment of the invoice amounts. The seller is, however, entitled to resell the goods in the regular course of business to a third party or to process them for him. Prior to payment of the invoice amounts, the buyer may neither pledge the goods delivered to him nor assign them as security.
16. The place of performance for deliveries and payments and the place of jurisdiction is Bochum, even if the sale or delivery is carried out from an external warehouse.
17. Minimum order value: for seals € 50.00 plus VAT / for hose braiding € 25.00 plus VAT
REACH
If the buyer notifies us of a use according to Article 37.2 of the Regulation (EC) no. 1907/2006 of the European Parliament and the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH Regulation) which triggers an update of the registration or which triggers another obligation in accordance with the REACH regulation, the buyer is to bear all the demonstrable costs. We are not liable for any delays in delivery on our part which are caused by the notification of this use and the fulfilment of the corresponding obligations under the REACH regulation. If, for reasons of health or environmental protection, it is not possible to include this use as an identified use, and if, contrary to our advice, the buyer intends to use the goods in the way we advise against, we may withdraw from the contract. The buyer is not able to derive any rights against us from the above rules.