Our terms and conditions for the sale and supply of goods and services are strictly and exclusively in accord with the terms and conditions outlined below. Amendments only come into force if confirmed in writing. The above remains valid even if the purchaser’s terms and conditions are expressed differently. The seller does not accept any such differences even if this non-acceptance has not been explicitly communicated.
Orders only become contractually binding once they have been received by post or fax. The seller bears no responsibility for delivery errors of any sort, where the order has been given only orally or by telephone. Consequential risk from such orders is to be borne exclusively by the purchaser. All orders are contractually binding on the purchaser for a period of 2 weeks from placement of the order.
If the purchaser does not request an order confirmation, the invoice sent either after or with the order shall be considered as an order confirmation. Should component parts of any sort be wrong or not usable as a result of faulty information given by the purchaser, then the full consequential risk shall be borne by the purchaser.
All quotations are non-binding. The seller has the right to introduce both technical and price changes. All deliveries from our warehouse in Tuttlingen are at the risk of the purchaser. The dispatch note from the respective transport company shall serve as proof that the goods have been correctly despatched. Dispatch will only take place once the necessary payments have been made – either bank transfer, pre-payment, cash payment or C.O.D. We reserve the right to make a partial delivery as long as the partial delivery is usable by the purchaser. Should ordered goods not be accepted by the purchaser the seller shall make a charge of 30% of the gross selling price to cover administrative expenses. The seller bears no responsibility for ensuring that the delivery method chosen is the cheapest.
§4 Delivery Times
Goods which have been ordered and are already in stock will be prepared for delivery as soon as possible. Cancellation of an order on the grounds of late delivery is only permissible if the purchaser has given the seller written notice of at least 4 weeks. There will be no compensation payments for late delivery.
§5 Transportation risks
Delivery is the responsibility of the purchaser. Damaged goods should only be removed from the transport company if the latter has acknowledged the damage and has confirmed it in writing. Should this not be done, the purchaser bears full responsibility for the damage.
Damaged goods should not be returned to the seller but be placed at disposal of the transport company. All damaged goods acknowledged and confirmed by the transport company (please send the written documents immediately) will be replaced by return. Payment for the replacement part should be settled with us direct. The purchaser should then invoice the transport company separately for the resulting extra cost.
The period of guarantee is 90 days from date of purchase and is limited to details given by the manufacturer.
The guarantee will not apply in the following situations:
where faulty goods have been modified by third parties without first seeking the permission of the supplier
where goods have been installed with competitor products
where competitor products have been used (no guarantee on competitor products)
where the installation was carried out by a non-authorised agency
The guarantee covers only the component parts, not installation costs.
Claims under guarantee will only be accepted if they are received immediately and in writing. In the case of clearly faulty products written communication must be received within 7 days.
If products are found to be faulty we shall replace them in accord with our best practice. If replacement or modification are unsatisfactory the purchaser has the right to cancel the contract. The goods in question must then be placed at our disposal. We shall not accept any further claims, especially for damages, unless these can be proved to be intentional. Specifically excluded are all claims based on alleged non-expert or technically incorrect handling, installation, use or operation of the parts supplied.
§7 Return of Goods
Goods should be returned only with our explicit agreement. Freight costs will be borne by the purchaser.
Returns of custom-made items will not be accepted. If the manufacturing process has already begun the client for such items is obliged to accept delivery for the total order and to pay for it.
Goods damaged in any way by the purchaser may not be returned and no credit will be given for such damaged parts.
The return of goods of any sort is usually not accepted. When such a return is exceptionally agreed the purchaser will be charged 30% of the gross sales price and a credit note for the difference will be given. Cash payments will not be made. Transport and service costs are excluded from this arrangement.
§8 Right of Ownership
The delivered goods remain the property of the seller until full payment has been made. Payments should be made to us direct.
Despite the ownership situation the seller may dispose of the goods to others in accord with normal commercial practice but may not, without our prior agreement, use the goods as assets to secure financial deals with third parties. Should the goods be disposed of before payment has been made to, or received by us, the proceeds from such a transaction should be used solely to cover the debt to us and either be kept in a separate account or be transferred directly to us.
§9 Prices and Terms and Conditions of Payment
We deliver goods at prices valid on the day of delivery. This is particularly the case when orders and the ordering process cover an extended period of time, even when, at the time of order confirmation, a different price had been discussed. The prices are inclusive of packaging but exclusive of transport costs. All prices are subject to change, are quoted in Euros and are exclusive of the current VAT rate. Payment may be in advance, by bank transfer, in cash, by cheque or C.O.D.
No liability is accepted for any consequential losses resulting from modified or faulty pieces of equipment of any sort.
§11 Place and Court of Jurisdiction
The place and court of jurisdiction for delivery, performance and payment is 78532 Tuttlingen. The exclusive court of jurisdiction for all claims arising from the business relationship, including bills of exchange and cheques, is 78532 Tuttlingen. We also have the right to refer any claim to the headquarters of the purchaser. Unless there are convincing legal arguments to the contrary, the law to be applied will be that of the Federal Republic of Germany. Standard sale of goods laws shall not apply.
These terms and conditions are applicable immediately.
Should certain terms and conditions be deemed at any stage to be null and void this shall not affect the validity of the remaining terms and conditions. Agreements or assurances which deviate in any way from these terms and conditions must be communicated in writing.
Only the German version of the Terms and Conditions of Sale has legal validity.