General sales, delivery and payment conditions
1. General terms: The conditions of sale, delivery and payment, which are mentioned below, are an integral part of all supply contracts with this supplier. They also apply to future deliveries without any necessity for repeated notification. With the placing of an order, the purchaser recognizes the validity of our determined terms and conditions. Deviating conditions of the buyer are only binding, if the vendor confirms in writing.
2. Delivery: All offers are without obligation and non-binding, as well as the specification of delivery dates. Force majeure or disproportionately strong fluctuating prices dispense the vendor from his obligation to deliver without enabling the buyer to assert a claim. In case of partial deliveries or contracts, an even distribution of the deliveries is considered to be conditional. If the call-ups do not occur within one year at the latest, the vendor’s obligation to supply expires. However, the buyer remains obligated to accept the goods at the request of the seller, irrespective of his right to compensation. Information about materials and their use are given to the best of knowledge, but without guarantee.
3. Retention of title: The goods remain the property of the seller until all payment obligations have been fulfilled. The retention of title also remains effective during processing and mixing of the product and extends proportionally to the newly created product (extended retention of title).
4. Complaints and warranties: Complaints will only be considered, if they are available to the seller no later than 14 calendar days after arrival of the goods, stating the reasons in writing. This also includes delivery notes, labels and the rejected object or a part of it. Complaints are excluded, if the goods have already been processed. Before using the goods, the buyer must convince himself of their faultless condition. In case of faulty delivery, the buyer may only claim for conversion. Further claims, in particular those for reduction or compensation, are excluded. Complaints about a product for which the manufacturer is responsible can only be accepted to the extent that the manufacturer accepts them. Any further personal liability of the vendor will not be accepted for neither the reason nor the amount. Complaints and any resulting disagreements will not affect the buyer’s obligation to pay the bill properly.
5. Payment: 2% discount within 10 days after receipt of invoice, net within 30 days after receipt of invoice. A discount on new invoices will not be granted, as far as old ones are not paid yet. If the payment target is exceeded for more than 90 days from the date of the invoice, bank-usual default interests will be charged. The buyer is not entitled to set-off against claims of any kind which he believes to assert against the vendor, or to assert a right of retention.
6. Place of fulfillment and place of jurisdiction for all rights and obligations of both parties from all kinds of business is the registered office of the vendor.