Terms of Service
All offers are subject to change, unless otherwise agreed. Dimensions, weights in offers, price lists and other documents are approximate and not binding for the supplier, unless DIN regulations state otherwise.
Orders shall only be deemed to be finally accepted after written confirmation. The delivery is deemed to be fulfilled as soon as the goods have been released for acceptance by the buyer company or the buyer. All risks are thus transferred to the buyer.
After expiry of the agreed call-off period, or after fruitlessly repeated requests for call-off, I am entitled to cancel the goods not called off, or to have them shipped at the buyer’s expense without further notice. If not expressly confirmed by me otherwise, all prices are ex works or ex warehouse, unpacked. The prices are subject to change and are based on the costs given on the day of the offer or confirmation. If the prime costs increase between the conclusion of the contract and delivery or if additional government charges are introduced, I am entitled to demand the price justified on the basis of this increase. Carriage paid prices are valid under the condition of unhindered traffic on the relevant railways, motorways and waterways.
3. Force majeure
Special circumstances – as well as mobilization, war, cessation of operations, operational restrictions, strikes in my company, or my warehouse, or my supplying plant, the issuing of import and export bans, shipping blocks, as well as other events of force majeure, entitle me to withdraw from the contract in whole or in part at any time, without the purchaser being able to assert any rights arising from this. Any payments made will be refunded without any interest subsidy.
The delivery times are approximate and not binding for me. Early delivery is permitted at any time. The transport of the goods from the supplying factory, warehouse or place of delivery to the place of destination, whether by land or water, is always at the risk of the purchaser, even if I have sold carriage paid FOB or CIF. Orders and deliveries from third party or factory stocks are subject to confirmation by the respective seller. In cases where no special instructions for shipment are given at the time of ordering, the goods will be dispatched at my best discretion, without any responsibility for cheapest shipping. If the mixed loading of goods makes it necessary to transport them from one of my factories to another or from one supplying factory to another, the freight and transport costs incurred as a result shall be borne by the purchaser.
In the case of sales by weight, the weight determined by the Federal Railway or by a sworn weigher of my warehouse keeper or that of my supplying plant shall be exclusively decisive for the calculation, unless another regulation has been agreed.
6. Notice of defects
Complaints of all kinds can only be made within 8 days after delivery of the goods. A notice of defects received in due time will only be considered if the defects reduce or cancel the usual value and suitability of the goods quite considerably. Complaints cannot be made for minor defects. If a notice of defect is justified in this respect, the seller shall first have the right to repair the goods by his own or by workers he has ordered for this purpose. If a repair is not possible, the buyer has only the right of rescission. Replacement deliveries are excluded. The buyer loses the right of conversion if the delivered goods are no longer in the original state of delivery. A partial conversion is excluded. Any notice of defects is excluded from the outset if the goods have been inspected before dispatch. For used materials I do not take over warranties. Such materials are sold as seen. If the customer does not inspect the materials, this is at his expense. For consequential damages of any kind I do not take over any liability.
7. Retention of title
The goods shall remain our sole property until full payment of all claims arising from the business relationship with the buyer, including claims from earlier or later deliveries. Our retention of title shall not be lost, even if the goods are reworked or resold to third parties. Should this nevertheless be the case, it is agreed that the new item (the work product) or the claim arising from it shall replace the expired reservation of title. Claims against third parties arising from resale shall be deemed assigned to us as long as the buyer has not settled our claim. The assignment becomes effective upon conclusion of the contract between us and the buyer. If circumstances become known which make the creditworthiness of the buyer appear doubtful, we are entitled to demand immediate payment or security, or to take back the goods for the purpose of the best possible, alternative use, whereby any costs, losses and freight incurred are to be borne by the original buyer. We are also entitled to notify the buyer’s customer of the assignment and to demand payment to us instead of to the buyer. Bills of exchange and cheques shall not be considered as full payment before they have been honoured.
8. Performance and payment
The place of jurisdiction for all disputes, including actions in bill of exchange, cheque and document proceedings with contractual partners who are registered traders or registered in the commercial register, legal entities under public law or public, legal special funds, or who have their registered office abroad, is expressly agreed to be Bremen. Furthermore, Bremen is expressly agreed as the place of jurisdiction in the event that the contractual partner moves his place of residence after conclusion of the contract, as well as for the dunning procedure in accordance with 638 ff ZPO. Unless otherwise agreed, my invoices are payable immediately net cash.
If the conditions of my buyers in their counter-confirmations differ from the content of my confirmation, my conditions apply exclusively.