Terms and conditions
Conditions
1. Our deliveries, services and offers are made exclusively on the basis of these conditions, which also apply to all future contracts, even if they are not expressly agreed again. These conditions are deemed to have been accepted at the latest when the goods or services are received. Conflicting conditions of our contractual partner - in particular their purchasing conditions - do not apply even if we do not expressly object to them.
2. All offers are non-binding and must be seen as an invitation to the customer to submit a binding offer. The contract is only concluded with our written confirmation, also by fax or e-mail. Deviations from these general terms and conditions require the explicit written confirmation of our company. We are not bound by samples, templates, illustrations in our advertising material and price lists. Catalogs or brochures are published for the sole purpose of giving an approximate idea of the products.
3. Our prices are per item or other unit, excluding packaging, freight, insurance, etc., ex production site or distribution center or, in the case of deliveries, EXW, unless expressly agreed otherwise. Our prices apply from the day an offer is submitted - alternatively from the day our order confirmation is issued - for the duration of the period specified in the offer. If the goods are delivered later, we reserve the right to adjust the raw material-dependent price shares and thus the individual prices according to any changes in the specific MEPS index in the period from the date of the offer to the date of delivery. Orders for which fixed prices have not been expressly agreed will be charged at the prices valid on the day of delivery. The supplier will provide the relevant index data on request.
4. Customary deviations in design, weight, dimensions or colors do not justify any complaints about the delivery. . In the case of exclusive parts, we are entitled to a quantitative excess or short delivery of 15 percent against calculation or credit. If we purchase special, order-related raw materials (e.g. paint, steel) and/or accessories for the purpose of production, the customer is obliged to accept and pay for excess quantities that have not been processed after the end of production, unless the accumulation We are responsible for excess quantities.
5. The customer is not entitled to assign his claims from the contract concluded with us to third parties without our written consent.
6. Unless otherwise agreed, deliveries are made unpackaged (loose) no later than 2 weeks after production of the order. We are entitled to partial deliveries.
7. We reserve the right to exceed delivery times by up to 2 weeks. In the event of a delay due to force majeure, the delivery time will be extended appropriately. If events of force majeure and similar events such as strikes, lockouts, war, warlike events, shortages of raw materials and energy, machine damage, fire, explosion, laws and regulations, local export and import bans, traffic blocks and other circumstances that are not influenced by us which significantly change the economic importance or the receipt of the delivery or service or have a significant effect on the supplier's operations, the contract will be adjusted appropriately. If this is not economically justifiable, the supplier has the right to withdraw from the contract. If he wants to make use of this right of withdrawal, he must inform the customer immediately after recognizing the scope of the event, even if an extension of the delivery time was initially agreed with the customer. Delays in delivery or inability as a result of circumstances for which we are not responsible exclude the assertion of claims by the customer for damages, procurement of replacements and withdrawal from the contract. The same applies to the submission of non-binding delivery dates.
8. The goods are always shipped at the risk of the recipient, even in the case of carriage paid delivery. This also applies to deliveries with our vehicles. Shipping will be at our discretion in the absence of customer instructions. If the customer provides their own transport vehicles, we are entitled to charge a handling fee of €220.00 plus VAT, e.g. Currently 19%, to be calculated.
9. The delivered goods are to be checked immediately by the customer for completeness and freedom from defects. Defects must be reported in writing immediately, at the latest after 5 working days, calculated from receipt of the goods. After this period, the delivery is deemed to have been agreed and delivered in accordance with the contract. Liability for corrosion damage during or after storage of the delivery is excluded. Claims for subsequent performance are limited to the right to remedy the defect or to delivery of a defect-free item at our discretion. We are also entitled to credit invoice amounts and to withdraw from the contract if supplementary performance is not possible with reasonable means. If the supplementary performance (new delivery or elimination of the defect) is also defective, the buyer can withdraw from the contract or reduce the purchase price. Due to defective partial deliveries, no rights can be asserted with regard to the remaining quantities. Unless expressly agreed otherwise, the warranty begins with the legal transfer of risk and lasts 12 months.
Unless otherwise agreed, the characteristics of our products are defined by our product specifications. The (guarantee) warranty extends to production defects under the product specifications standard-compliant conditions of use as described in European standards. The repair, modification or replacement of parts during the warranty period does not extend the original warranty period. The warranty expires in the event that:
the goods are damaged during transport or stored in unsuitable conditions by the customer;
the goods are used improperly, for example under excessive stress (mechanical, chemical, electrical, thermal, etc.) that go beyond the requirements of the standards EN 840 parts 1 to 6, EN 13071 parts 1 and 2, and EN 12574 parts 1 to 3 ;
the customer is liable for any fault in production up to handover to us, including product monitoring;
incorrect assembly or repairs are carried out by the customer or persons other than us without our consent;
a defect or damage occurs to the goods as a result of improper use;
Brands, serial numbers or the seal of the goods are altered;
harmful chemical products are used in the production of the goods;
the end user does not use the correct truck and lifting equipment as assumed as described in EN 1501-5;
the disposal companies do not work in accordance with the EN 1501 standard.
The warranty does not apply to consumable parts such as fuses, batteries, RAM cards, etc. In order to assert the warranty, the customer must notify us immediately in writing of any defects and provide all supporting documents necessary for this purpose (description, pictures, order 'specifications, conditions of use). The customer must support us in assessing and remedying a defect. In addition, the customer will refrain from carrying out repairs himself, directly or through others, unless this has been expressly agreed with us.
10. Any further claims by the client, in particular claims for compensation for damage that has not occurred to the delivered item itself, are excluded. This exclusion of liability does not apply in the event of intent or gross negligence. The claim for compensation for pure financial losses - e.g. due to a business standstill - or lost profit is based on damage typical to the business and on the basis of the general principles of good faith, e.g. B. in the case of disproportionality between the amount of the price and the amount of damage, limited or limited. Furthermore, the exclusion of liability does not apply in cases in which we are liable under the Product Liability Act for errors that have caused property damage to privately used objects through the delivery item. It also does not apply in the absence of properties that we have expressly guaranteed, if the purpose of the guarantee was to protect the customer against damage that did not occur on the delivery item itself. Furthermore, this exclusion of liability does not apply to claims for damages resulting from injury to life, limb or health, which are based on a negligent breach of duty by our legal representatives or vicarious agents. The customer bears sole responsibility for the suitability and appropriateness of the packaging containers offered by us and ordered by him.
11. Our delivery is calculated in EURO. Payment is to be made in cash and without any deductions at the latest upon receipt of the goods. We only accept bills of exchange and checks by agreement – subject to final cashing or crediting our account. All discount and other expenses that we incur as a result of bills of exchange or checks are at the expense of the customer.
12. If the terms of payment agreed with us are not adhered to or if, after conclusion of the contract, circumstances become known that call into question the creditworthiness of the customer and the enforceability of our payment claims, we have the right to make all claims from the business relationship due immediately. In addition, we are entitled to demand advance payments for deliveries that have not yet been made and, if payments are not due, to withdraw from the contract after a reasonable period of grace and to demand damages for non-performance. If the customer defaults on payment, we are entitled to charge interest on the outstanding amount at a rate of 8 percentage points above the base interest rate of the Deutsche Bundesbank.
13. The customer can only offset against our claims with undisputed, legally established or recognized claims. The customer has no right of retention due to disputed counterclaims. Unless otherwise agreed, the customer is responsible for complying with all laws and regulations regarding import, transport, storage of data and use of the goods.
14. The delivered goods remain the property of the supplier until all claims of the supplier have been paid, regardless of the legal basis, including future or conditional claims, also from contracts concluded at the same time or later. This also applies if payments are made on specially designated claims. The treatment and processing of the goods subject to retention of title is carried out for the supplier as the manufacturer within the meaning of Section 950 of the German Civil Code. The processed product is considered a reserved goods within the meaning of the preceding paragraph. If the customer processes, combines or mixes the reserved goods with other goods, the supplier is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If the supplier's ownership expires as a result of connection or mixing, the customer hereby transfers to the supplier the ownership rights to which he is entitled to the new inventory or the item to the extent of the invoice value of the reserved goods and keeps them safe for the supplier free of charge. The resulting co-ownership rights are considered reserved goods. The customer's claims from the resale of the reserved goods or their rental are already assigned to the supplier. In addition, the customer assigns the expectant rights to the reserved goods to the supplier as security. Claims or expectant rights assigned hereafter serve as security to the same extent as the reserved goods themselves. The supplier already accepts the assignment. If these goods are sold or rented by the customer together with other goods not supplied by the supplier, the assignment of the claim from the resale/rental only applies to the amount of the resale or rental value of the reserved goods sold or rented in each case. In the case of the sale or rental of goods in which the supplier has a co-ownership share, the assignment of the claim only applies to the amount of this co-ownership share. The customer is only authorized to resell or rent out the reserved goods under these conditions and only in the ordinary course of business, but not in the case of delivery for the customer's own consumption and no longer if payments are suspended. At the supplier's request at any time, the customer must inform the supplier of the names of the debtors of the assigned claims and notify the debtor of retention of title and assignment. Otherwise, any resale requires the prior written consent of the supplier. This also applies to materials that have been transferred to the supplier as security.
15. Drafts, drawings and tools (including printing screens) made by us may only be used by us or third parties commissioned by us for production for us. For tools that are manufactured by us or by a third party on our behalf to complete orders from a customer, the customer will be charged the agreed costs or, alternatively, the usual costs. The customer guarantees that the manufacture and delivery of items that are manufactured according to his specifications do not infringe the property rights of third parties. He releases us from all related claims upon first request. Moulds, templates and other devices remain our property.
16. Should one or more of the above conditions be or become invalid, the validity of our terms and conditions remains unaffected.
Place of performance and exclusive place of jurisdiction is Stadtlohn. German law applies exclusively, excluding the United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods (CISG) and subsequent agreements.
Stadtlohn, June 2018
WM Industrietechnik Isaak Öztürk & Oliver Schmidt GbR