Lacquering Units, Work Shoes, Heaters, Pumps, Hoses, Pressure Gauge

We will agree to buyers’ purchase conditions only in the case that they do not deviate from our conditions of business also in case that the former contain the opposite regulation. The legal validity of the other regulations does not affect the possible legal ineffectiveness of individual regulations of these contract conditions.

Orders are only regarded as accepted when they are confirmed by us in writing. Until then our offer is regarded as non-committed. Telephonic, telegraphic or verbal supplementary agreements, additions or amendments also require written confirmation by us for their effectiveness.

For prices not described as firm in our offers and order confirmations, we reserve the right to set or adapt the price to cover the cost factors (material, personnel expenditures, energy, general taxes, rate and freight, etc.) that have increased since the completion of a contract and before delivery. We are not bound to apply previous prices to follow-up orders.

The delivery period starts with the dispatch of the order confirmation, however not before the provision of documents to be obtained of the buyer, supply of samples, approvals as well as the receipt of any deposit agreed upon.
The delivery period is met if the object has left our stock or dispatch readiness is announced to the buyer. The delivery period is extended accordingly in the case of industrial action, particularly strikes and shutouts as well as at the occurrence of unforeseen obstacles that are outside the remit of the supplier. This also applies if these circumstances arise with our sub-suppliers.

4. Prices

The prices are ex works, excl. packing and plus VAT. The list prices assume the delivery of full original packings or sets without taking into account minimum quantities inside the packing. We reserve the right to round up or down to the next packing unit

Price-list articles are billed according to the prices in force at the time of delivery.

A disposition fee of Euro 17.50 is added for orders below EURO 50.00.

All call orders must be taken up at the latest 6 months after expiry of the contract period without requiring a request to purchase or a delay reminder from us. If this deadline has expired, then we are at any time authorized either to bill for the product or to cancel the order and require compensation according to our choice.

Deliveries are conditional to self-delivery by the supplier. The supplier will immediately inform the buyer if the case that a self-delivery will not take place. In this case the purchase contract is annulled. A purchase risk taken over from the supplier does not exist.
In the case of delay of delivery, the customer must permit an adequate extension. After the expiry of this extension he may withdraw the order if the items are not announced as ready for shipment. The buyer cannot reject partial deliveries. Compensation entitlements because of non- or delayed fulfilment are excluded unless the delay in delivery is deliberate or caused by gross negligence.

Compliance with the delivery period assumes the fulfilment of the contractual duties of the buyer.

Dispatch is carried out ex works and the risk always devolves on the buyer even on a freight-paid delivery. With the handing over to the forwarding agent or carrier, however at the latest when leaving our facilities, the risk devolves on the buyer, including the risk for confiscation. FOB and CIF business requires a special agreement. For lack of special instructions, the choice of the transport route and the means of transportation are decided according to the best circumstances without any liability for the most economical and fastest dispatch.

If goods reported as ready for dispatch are not immediately called upon, or if the transportation is constantly or at times impossible for us, then the selling price is nevertheless due. We are then authorized to store the product at the expense and the risk of the customer according to our own estimates. The liability of the seller for detrimental weather influences during transportation or storage of the ordered goods is excluded. The right of the increase or shortage of 10% of the complete order quantity particularly at manufacture is reserved.

Unless otherwise agreed upon in writing, packing is carried out to the best or our estimation. Cased packing is compensated for at a freight paid return in good condition within 4 weeks with 2/3 of the calculated value. Cartons and internal packing are calculated at cost price and are not taken back.

If an approval for the delivered products is stipulated or necessary, it is to be carried out at our facilities immediately after the report of dispatch readiness. If the customer refrains from the approval, the product is regarded as delivered according to its condition when leaving our facilities. The customer covers the costs of the approval.

The supplier is only liable for defects of the delivery when they are reported in writing within 14 days after the receipt of the product at the place of destination. Visible defects must be reported within 2 days after receipt of the goods. Defects which cannot be discovered by a careful examination must be reported in writing at the latest 6 weeks after receipt of the product. The use of the delivered item must cease immediately. Customer's complaints do not entitle to a reduction of the accompanying invoice amounts without final recognition by us. The liability of the supplier is restricted to material delivered and substitute delivery or to repair of proved faults with the exception of parts processed already or taken in use.
No liability is accepted for unsuitable or improper use, faulty assembly or wrong system start-up by the customer or third parties, normal wear, faulty or careless treatment, unsuitable operating supplies, exchanged materials, chemical, electrochemical or electrical influences, unless they can be proved to be the fault of the supplier. The liability for the consequences arising from changes carried out by the customer or third parties or carried out without previous approval of the suppliers, or improper repair work is not accepted and voids the guarantee. Insofar as a complaint is justified, the supplier bears the costs of the replacement, inclusive of immediate costs arising from the replacement delivery or repair of the product as well as adequate costs for the removal and installation, further, if this is more economical, for the costs of provision of technicians and helpers. The customer bears the remaining costs.

Further, oral or written technical operating advice of the supplier, also in respect of any protective rights of third parties is non binding and does not free the buyer of from own testing the products for their suitability for the proposed purpose and process.

10.3 Recall – right of return

Recalls must be reported to us in a written form. They are only effective by our accordance, oral arrangements are basically invalid.

Goods that are sent to pay or with insufficiently paid-for transport will not be accepted..

The responsibility for the right construction configuration and practical adequacy of special parts belongs to the purchaser even if we advised him in development.

The samples presented to us for testing are decisive for quality and execution. Tolerances insofar as they are tighter than provided for in DIN 7710 require express agreement.

For the delivery of parts according to drawings or sample, the buyer is obliged to release us from responsibility from demands for infringement of protective rights. In the case that the production or supply is prohibited by a third party due to this party’s protective rights then – without testing the legal position – we are entitled to cease the work and to demand reparation for the expenditure incurred.

Unless otherwise stated in our offer, payment is to be affected within 30 days of the date of the invoice in cash net, without offsets and rebates unless the demands of the buyer have already been determined legally and are undisputed. Discount-capable exchanges are only accepted as payment on the basis of explicit agreement. Credits via exchange or cheques are valid under conditions of the receipt and irrespective of earlier maturity of the purchase price in the case of arrears of the buyer. They are executed at the valuation of the day on which we can dispose of the countervalue.
For late payment we will charge interest at the rate of 15%.

Non-adherence to the conditions of payment or circumstances that come to our notice after the closing of the contract and that will reduce the creditworthiness of the buyer will result in the immediate maturity of all our claims without taking into account the remaining due time of any incoming exchanges. They further entitle us to make any further deliveries subject to payment in advance as well as to retire, after a reasonable time, from the contract or to demand damages for non-fulfilment, without prejudice of the right to take back the goods delivered due to reservation of title at the cost of the buyer.

The ownership of the delivered goods remains ours as security for our total – also contingent or limited term – claims from all businesses also when the purchase price is paid for specially designated claims. For open invoices the reserved ownership of the deliveries applies as security for our total claims.

Processing by the buyer is carried out under exclusion of the acquisition of property according to § 950 BGB in our contract and we retain ownership of the good thus produced, which serves as a security for our claims.

In the processing (linking, mixing) with other goods not belonging to us by the buyer, there apply the determinations of §§ 99/948 BGB with the result that our co-ownership of the new good is henceforth a conditional good in the sense of our conditions. The further disposal of the conditional goods is permitted to the buyer only in the course of normal business activity under the condition that his customer is also bound by a conditional ownership. The buyer is not permitted to other disposal of the conditional goods, especially pledging as collateral and security agreements. For the case of further disposal, the buyer is liable to us from now until the fulfilment of all claims for all claims of the further disposal and all other claims on his customers with all subsidiary rights. At our demand the buyer is obligated to provide us with all information and documentation, which are required to substantiate our rights towards the customer of the buyer.

In the case that the conditional goods, after being processed, are disposed of along with other goods that are not our property, then there applies the cession of the purchase price claim only for the amount of the invoice value of our conditional goods. If the value exceeds of our existing securities exceeds that of our total claims by more than 20%, then, at the demand of the buyer, we are obligated to release security of our choice.

The supplier is entitled to insure the conditional goods, at the expense of the buyer, against theft, fire, water and other damage insofar as the buyer himself has not demonstrably taken out insurance.

The buyer will handle the conditional goods with care, keep them in good condition and immediately inform the supplier in the case of cession, confiscation, damage or loss of the conditional goods.

In the case that we will make use of the ownership condition according to existing regulations by taking back the conditional goods, we are entitled to sell the goods free of lien or to have then auctioned. The taking back of the conditional goods is carried out at the achieved price but at the highest at the agreed-to delivery price. Further claims for damages, especially for lost profits, remain reserved.

This contract is a translation from the German original contract. In principle, the German contract conditions are valid. Place of execution for deliveries and payment as well as jurisdiction for all disagreements of the contract conditions for both parties, when the buyer is a business person, is Hamburg. Only German law is valid. The application of the uniform laws of 17.7.1973 on the international purchase of movable goods (BGB 1 73 l S 856) as well as on the closing of international purchasing contracts of movable goods (BGB 1 73 l S 868) is excluded.