The following conditions shall be binding for all quotations and orders. Any conditions stipulated by the customer which are in contradiction to these general conditions of sale shall only be valid if expressly acknowledged by the supplier in writing.
2. Quotations and Technical Documents
Offers shall not be binding before orders are acknowledged by the supplier in writing. Unless otherwise agreed upon, all specifications contained in the offer or stated in brochures and catalogues, such as illustrations, drawings and measures, shall be approximate indications only.
3. Order Value
The minimum order value is 150 € net. Common inserts are generally only ordered in packs of 10 units (Exception: CBN/PKD inserts, inserts with larger dimensions).
The supplier will make every effort to meet the delivery dates agreed upon. If hindrances occur which the supplier can not prevent despite using the required care, regardless of whether they affect the supplier, or the customer or a third party, the supplier shall not be liable or any damages for delay. Such hindrances include, but shall not be limited to, late delivery by subcontractors, operational breakdowns, labor conflicts of force majeure. Any delay of the supplies or services does not entitle the customer to reject delivery or cancel the order. Offers of stock sales are subject to prior sale. Due to technical reasons during manufacturing, special productions can have an over or under delivery of up to 10%. The delivered quantity is invoiced.
The prices quoted are valid ex stock Germany, exclusive of special packaging, transport costs, applicable VAT, and any non-EU customs duties.
Unless otherwise agreed, payment shall be made within 30 days from date of invoice, net. In case of default of payment, the supplier shall be entitled to charge interest according to the current bank rate for short-term borrowings but this does not imply that the payment is no longer due, nor that has it been postponed in any way. Withholding payment or offsetting counterclaims shall be admissible only if agreed by the supplier or if it has become subject to judicial procedure.
7. Shipment and Passing of Benefit and Risk
The benefit and the risk of supplies shall pass to the customer upon handing over the goods to the forwarding agent or carrier at the moment when the goods leave the supplier‘s works. The supplier shall determine the forwarding agent or carrier unless the customer gives specific instructions in time. The customer shall be responsible for taking insurance against risks of any kind.
8. Warranty, Liability for Defects
The customer shall inspect the supplies immediately and shall notify the supplier in writing of any deficiencies within two weeks upon receipt of the goods. Upon written request of the customer, the supplier undertakes the necessary steps at its choice to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defect due to bad material. Further claims by the customer shall be excluded, as far as legally admissible.
9. Return Shipment
The customer is allowed to send goods back within 30 days and only with a written agreement from the supplier. Without such a written confirmation of the supplier the costs of the redelivery are borne by the customer. The supplier has the right to reject the receipt of any goods which are sent back carriage forward or not confirmed. The merchandise must be returned in excellent condition and in the original packaging. If the supplier is determined not to be at fault for the returned shipment, a processing fee of 15 %, or a minimum of 15 €, will be charged. Special productions are excluded from sending back. Credits of goods: As far as a credit is guaranteed, the value of the credit amounts to the value of the original invoice/value of goods.
10. Reservations of Title
Title to all delivered goods shall be reserved by the supplier until the customer has completely fulfilled all of the payments and obligations which arise from the business relationship between the supplier and the customer or in accordance with the contract.
11. Jurisdiction and Applicable Law
The place of jurisdiction for both the customer and the supplier shall be at the registered office of the supplier. The supplier shall, however, be entitled to sue the customer at the latter‘s registered address. The contract shall be governed by German substantive law. Complementary conditions are according to the General Conditions applied in the metal working industry.