Terms of delivery and payment
1) The goods always travel uninsured and in any case at the buyer’s risk. This also applies in case of freight-free delivery and regardless of what type of transport is being used. Transport insurance is only obtained at the express request of the buyer; costs are at the buyer’s expense.
2) The place of dispatch and transport route as well as the type of transport (including transport company) will be determined by us according to our best discretion, without assuming any liability, for the cheapest and fastest transport in the absence of any other written agreement.
3) If the buyer arranges transport then the buyer is responsible for timely provision. Any delays must be communicated in a timely manner; resulting costs are for buyer's account.
4) We are authorised to make reasonable partial deliveries.
5) The specification of delivery, or unloading times is always non-binding if not expressly agreed otherwise in writing.
6) The beginning of the delivery period assumes the clarification of all technical questions and the timely and proper fulfilment of priority buyer obligations, the plea of non-fulfilment of the contract remains reserved.
7) Delivery impediments due to force majeure or due to unforeseen events for which we are not responsible (this also includes operational disruptions, strikes, lockouts, official orders, failure to receive our own deliveries, subsequent loss of export, or import possibilities) release us for the duration of the impediment, and within the scope of their influence, from the obligation to comply with agreed delivery, or unloading times. If the above delivery impediments are not only of a temporary nature, they then also entitle us to withdraw from the contract without the buyer being authorised to claim for damages, or other such claims, as a result.
8) If, without the presence of a delivery impediment in accordance with the above Item 7), an agreed delivery, or unloading time is exceeded, the buyer must provide us a reasonable grace period of at least two weeks in writing. If, we fail to meet this grace period, the buyer is authorised to withdraw from the contract not, however, to assert claims for damages as a result of non-fulfilment or default, unless, we are guilty of intent, or gross negligence. If the delivery delay is not caused by a deliberate breach of contract on our part, our liability for compensation is limited to foreseeable, typically occurring damage. Liability according to the the legal provisions, if the delivery delay for which we are responsible is based on the culpable violation of a material contractual obligation and liability results according to legal, non-negotiable provisions, then in this case the liability for compensation is limited to the foreseeable, typically occurring damage.
9) If the buyer is in default of acceptance or culpably violates other cooperation obligations, we are authorised to demand compensation for damages to our company in this respect, (encl. any additional expenses); further claims remain reserved. In addition the danger of a coincidental transfer or a coincidental deterioration of the delivered item passes to the buyer at the moment, in which he is in default of acceptance or in default of other cooperation obligations.
1) The buyer can choose between an invoice payment of net 30 days or prepayment. In case of prepayment, the buyer will receive a 1% cash discount.
2) Our purchase price claims are generally immediately due for payment “net cash” without any deductions. With regard to default of payment the statutory conditions apply.
3) We only accept checks based on a separate agreement, and only on account of payment.
4) The buyer is only authorised to set-off if his counter claim is either legally established or not disputed by us. The buyer is only authorised to a right of retention to the extent that his counter claim is based on the same contractual relationship.
5) We are authorised to apply payments made by the buyer to the buyer’s older debts first in accordance with § 366 Civil Code. If costs and interest have already accrued, the seller is authorised to offset the payment against the costs, then the interest and finally the main demand for payment in accordance with § 367 Civil Code.
6) If the buyer no longer has proper business operations, in particular in the case of impounding or seizure, a check or note protest is taking place, or delay in payment, or even suspension of payments, or if the buyer requests debt settlement procedures, or relevant insolvency proceedings, we are authorised to make all of our claims resulting from the business relationship due immediately, even if we have accepted bills or checks. The same applies if the buyer goes into default with his payments to us, or other circumstances become known which make his creditworthiness appear questionable, particularly compulsory enforcement measures, primarily disclosure of assets. In addition, in such a case, we are also authorised to request advance payments or a security deposit, or to withdraw from the contract.