All prices and declerations take current and future deliveries and perfomances as a basis the following terms. To get through placing of orders or at the latest with acceptance of the delivery they recognized. If purchasing determination of the buyer should deviate from that, these are vaild only if they are confirmed by us explicitly in writing. Deviations from these terms need the hard-copy decleration. Against confirmation of the buyer under indication of his terms of trade people contradict with that explicity.
offer and confirmation of order
All prices are unobligatory. Orders for item made to order need in the specifications ver execution, dimensin and so frth without exception the hard-copy cnfirmation. We are not responsible for the flaws hich shw to documents submitted from the buyer.
Our invoices are payably within 10 days after delivery ith 2% discount or within 3o days net or with according to special hard-cop decleration. Payments are fundamental until in the January 2002 in mark Germans pay. Payments in Euro are with us up to change-over clarify.
If the buyer with the discharge of his payment obligations take into arrears or circumstances that question his bank credit become known, we may set the entire open remaining amunt due and to make further jobs of advance payments or securitys dependent.
To the set-ff or reserve the the buyers is entitled only if his claims have been recognized by us or found law-strongly.
Our prices are net prices. You do not include wrapping, freight and forwarding costs. Ware money and completed insurances and other expenses are computed extra. The sales tax valid on day of the delivery appears for the agreed price.
The indicated delivery times are fundamentally unobligatory. The delivery times begin with the day of the confirmation of order.
at force majeure for example breakdown, official contacts, material deficiencies or circumstances that we do not have the represent also then, when they arose an already consultation default, are delay in the delivery of essential materials. The delivering-hindrance can be eliminated not within 1 month to entry, both parties can withdraw. Damage claims because of delay can be made only valid if we have caused the delay coarsely negligently. The buyer is informed of the force majeure entry immediatly.
Notice of defects
After arrival of the product at the destination the orderer has to examine these immediately. The investigation obligation of the buyer includes itself the entire delivery at that. Freight details must not be signed before the delivered carton amount was compared with the specifications on the freight stocks. Missing cartons or harm must be quotes in precise specification on the freight details and confirmed by the forwarding driver by means of unambiguous identifiable signature.
Obvious deficiencies are immediate according to receipt of the commodity, that is on day of the delivery, to inform at us. The notice of defects must occur in writing under precise specification of the stable, individual deficiencies. Not obvious deficiencies are immediate to us after their discovery, to denounce from 5 working days after delivery of the commodity in writing at the latest, however, within. Later reported claims or notices of defects do not establish any claim to transformation, reduction, additional supply or replacement delivery within the sales contract.
If a deficiency is verified, we perform after vote of th buyer repair at a later stage or deliver deficiency-free train commodity around train against return of the commodity complained about, at what the delivery method is determined through us. The repair at a later stage fails or a replacement delivery does not become carried out., the buyer has the law on reduction or transformation.
The commodity remains our property (Reservation commodity) up to the complete payment of all amount receivable arisen from the business detail. The buyer is entitled, to have the reservation commodity in the tidy deal commerce.
The buyer is held, to safeguard our laws during the further use of reservation commodity on credit. The reservation commodity buyer on credit sells, so he assigns that one inadvance with that to shown amounts receivable at us from the further sale. We accept this cession. The buyer is for so long authorized, to pull in these amount receiable until this is forbidden due to a default, a capability collapse or another basis through us. In this case the buyer has to submit us on requests about every individual amount receivable of an act of assignment under announcement of the debtor in double copy. The discharge of the current sales contracts can be made dependent on the advance payment or backup. In the case of the default or capability due date are entitled we, to claim immediate delivery of the reservation commodity. Until for the delivery of the reservation commodity it has to lie down the buyer this commodity delivered by us separately and to make it distinct as oujr property. The buyer is obliged, the commodity against fire, water, vandalism and larceny hazard as well as (the accidental one) other disrepair to insure and to protect and to verifiy the balancing of the contract of insurance to us on request (the accidental one). All possible claims on the assures from these contracts of insurance with regard to the commodities delivery by us under reserved ownership are valid through that than to assign at us. We accept the cession.
If we should take back the commodities due to our reserved ownership, this
is not to be taken as a resignation of the treaty as far as the consumer credt
law is not used application.
We are responsible within the framework of the product liability law.
Place of perfomance and place of jurisdiction
The place of perfomance for the delivery and payment is Donaueschingen.
Effectiveness of the treaty
The treaty remains obligatory with legal ineffectiveness of individual points, by the way.