Terms and Conditions

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1. General

Contracts and agreements and verbal agreements - especially if they will modify these Terms of Conditions - binding only after written confirmation. The same applies to agreements that are made with our representatives, or traveler.

It applies only to our Policies and to third parties.

The receipt of our confirmation letter, you agree with our terms and conditions and as an acknowledgment of this.

2. Contract

Our offers are always subject to change.

Telegraphic formschriftliche and telephone orders are only binding on us if we have confirmed in writing or bring the goods to be delivered. For purchasers, with whom we are in permanent business relationship, is a satisfactory credit rating information is always a prerequisite for commitment on our part, even if our conclusion should already be confirmed without reservation. If we receive insufficient information about the buyer after the transaction, we are entitled, at our discretion cancel the contract concluded or to require advance payments or security deposits. The buyer has no right to withdraw from the treaty if we demand due to insufficient information in advance or security deposit.

Ancillary or subsequent changes may be made to obtain written confirmation of our effectiveness. Oral statements by representatives and employees to our written confirmation to take effect.

3. Rates

Calculated the force at the time of delivery daily rates, plus statutory VAT, valid for delivery.

4. Payment Terms

The payment is, unless otherwise expressly agreed to pay by cash in advance without any deduction ..

If not paid in time we will:

a. Interest in the amount of our usual bank interest on bank overdrafts without warning and proof of loss calculated. The assertion of further damages, as well as the rights under § 326 BGB is reserved;

b. all outstanding claims arising from these or other transactions to the Purchaser shall immediately charge and any bills of exchange or checks, which provide for a deferred payment shall be due and

c. our supplies from them and / or other orders until the complete fulfillment of all our outstanding claims from this or other orders retained by the purchaser.

Credits on checks are always subject to receipt and without prejudice to earlier maturity of the purchase price in case of default of the Purchaser; done it with value date on which we can dispose of the proceeds.

We are also entitled to perform outstanding deliveries only against advance payment or security deposits and withdraw from the contract after a reasonable grace period - even after partial fulfillment - or to claim damages for breach of contract or deny our performance, without prejudice to the right to withdraw the goods supplied under reservation.

Furthermore, we are entitled to take any goods delivered under retention of possession, without leading to the right of recourse is had to cancel the contract.

Our claims against set-off or retention rights are excluded by the customer. The purchaser of reference should be made to the way of separate proceedings.

5. Delivery

The delivery time begins on the date of our acceptance of order, but not prior to any implementation details. It shall apply with the timely notification of readiness than honored. However, if by no one of us to circumstances particular operative disturbances, there are measures due to labor disputes, failure in the equipment purchased from us, late delivery or acts of God, we are exempt from late delivery.

The delivery time is reasonably extended if the purchaser from him in due time the required documents, permits, approvals, information, and the like teach, unless an agreed payment is received on time, or if he wants a change in the technical execution. The delivery time is kept, if left to its expiry the goods or the warehouse for shipment has been reported.

In our offers or order confirmations or oral delivery times listed are to be regarded as approximate and not binding. Even if expressly agreed exempt fixed-delivery disruptions of any kind or any other supply difficulties from the obligation to comply with the delivery and entitle us to postpone the appropriate deadlines.

Partial deliveries are permissible.

If we exceed the terms of delivery, the customer must grant us a reasonable grace period. After this period, he may withdraw from the far end, if the goods are not up to the deadline for dispatch reported.
For transactions with merchants, provided that the commercial establishments to include a commercial enterprise, or transactions with legal persons under public law or public institutions: compensation claims are in default of delivery by the Fund or by us-inflicted inability to deliver due to non-excluded if intent or gross negligence there is not with us. For transactions with non-merchants such claims are limited to the max damage proved. 10 per cent of the value of that part of the delivery or performance with which we are in default, or what we have become impossible if there is intent or gross negligence is not with us. If the delivery is running out of time through our fault, the buyer and thus suffers a loss, he may delay compensation of max. 10 per cent of the value of that portion of the delivery, which could be made because of the delay to the intended use and use.

The latter restriction does not apply if there is intent or gross negligence by us.

6. Delivery and transfer of risk

Transfer to the shipper or carrier, at the latest upon leaving our warehouse, the risk passes to the buyer even if partial deliveries take place or other services, eg To dispatch and transportation, etc. taken from us.

If delivery is delayed due to circumstances which we are not responsible, the risk passes at the end of the day the goods are ready for the buyer.

Upon request and at the expense of the buyer but we are obliged to arrange insurance to demands. We are not to take out insurance against damage, particularly obliged shipping damage.

As far as we go into insurance, at our discretion, pay the buyer the cost.

Shipping route and means of transportation are left to our discretion. With car or truck shipments, we take no responsibility for the full utilization of capacity. In all cases, were given in which the buyer is not exactly specific instructions for the task, this is the best discretion without liability to us concerning the cheapest and most expedient dispatch or shipment.

7. Retention of title

Our deliveries are made exclusively with retention of title. The property is only transferred to the buyer if he has satisfied his or her total liabilities against us, are created based on whatever legal reason, they,. This is true even if the purchase price is paid for certain, the customer named deliveries. For current accounts, the reserved property serves as security demands of our claim.

The handling or processing of goods supplied by us is always done for us and on our behalf, excluding the acquisition of property to the purchaser under § 950 BGB, without the need arise for us from this debt. The processed goods serve as our security in the amount of the invoice value of the goods. During processing, combination or amalgamation of our delivered goods with other goods not belonging to us by the purchaser, we shall co-ownership share in the new case, the ratio of the value of our goods to the other goods processed at the time of processing. For the new case arising from the processing system is regarded the same as for the conditional goods. It is regarded as Reserved Property within the meaning of these terms. The Purchaser hereby assigns to us off the property he owns or co-ownership in the combined or mixed, or of the new object and secures it with commercial care for us. The buyer's claims against third parties from the resale of goods subject to retention as this now assigned to the complete eradication of all our trade receivables with all rights to us for our security, and that no matter whether the goods resold without or after processing, combining, mixing is.

The buyer agrees to go on payment by bank or postal giro transfers, which assists us with the security assigned claims that have not otherwise. All payments received on the receivables assigned to us shall be kept in a separate fund transfers and forward it to us.

In the event that the subject goods had the buyer together with others, not us or the goods belonging to the buyer, it was without it for processing, combining, mixing is sold, the assignment of the purchase price claim only up to the value of our goods, which is with the other goods covered by this contract of sale or part of the merchandise.

The buyer is for resale and to sell the reserved commodity only as long as he is not in default, and only in the ordinary course of business right from the action and authorized the purchase price claim from the resale pursuant to the preceding paragraphs is transferred to us. At our request, the seller is obliged to announce the assignment to the third party purchaser to pay to us and to us to assert our rights to provide the necessary information and documents. For our part we are always entitled to inform the debtors of the acquisition of ownership of the claim.

If the value of existing security for us, our claims by twenty percent, we are obligated to the Purchaser's request for release, and repossession of securities at our choice. A pledge or security of the retained goods to the buyer is prohibited. By a pledge or any other infringement of our rights by third parties, the buyer must notify us immediately.

8. Warranty

Notification of defects due to visible defects in transactions with merchants, provided that the commercial operation of the commercial sector including, without delay, not later than 10 days after the goods arrive at their destination by writing to us. Defects even with careful examination within this period can not be discovered, are immediately notified in within 10 days after finding in writing no later than 2 months after the invoice date. The delivery is always send in writing.

In the event of deficiencies, including the absence of warranted properties, which are detected have occurred as a result of the passing of risk in fact, we provide at our discretion by repair of the supplied goods or by their replacements. Faulty items are returned to us.

Defects or damages that are to wrongful or improper handling or improper installation and use of inappropriate accessories or an amendment of the original components by the customer or we have not engaged third parties caused or natural wear and tear are excluded from the warranty.

If we let a reasonable grace asked us resolve without the defect or deliver a replacement, or if repair or replacement have failed or are refused by us, the buyer can cancel the contract or reduction of the payment request.

Other than the above claims - particularly claims for damages - the customer, are excluded, except where apparent from paragraph 9 something to the contrary.

9. Damages

Claims for damages of any kind against us or our agents - for breach of contractual obligations, from negligence in contract in tort - are excluded, if there is intent or gross negligence is not with us.

In cases of gross negligence or in cases in which, even without gross negligence, liability is not excluded or can be further restricted when doing business with merchants who include the operations of their commercial trade and transactions with public bodies or public institutions in all cases, liability is always limited to the foreseeable at the time the contract damages. The rules under paragraph 7 shall remain unaffected.

10. Consequential

We are not liable for consequential damages, which, among other things through alteration, improper handling or application of the delivered goods have been created.

11. Performance and Jurisdiction

Performance for all obligations under the contract is Krefeld. Jurisdiction for all disputes - including checks - is Krefeld.

This also applies to disputes, which tend to contract termination, but their origin in the year ended contract.

12. Severability

If any of the above clauses should be invalid, the conditions are to receive the remainder to be valid. In place of the ineffective clauses cede the statutory scheme. Where that does not exist, the parties are obliged to make an agreement which envisaged the ineffective clause with the aim pursued and economically comes closest. Would it represent the buyer, however, an undue hardship if he were to hold, when applying these rules to the contract, he is entitled to withdraw by a unilateral declaration by the supplier against the contract.