Offers and prices are subject to change. All prices are exclusive of VAT. Orders shall not be deemed accepted until they have been confirmed in writing or an invoice has been issued. Special agreements shall only apply if confirmed in writing. The prices valid on the day of delivery shall be invoiced. For deliveries abroad, prices are ex works unless expressly agreed otherwise in writing.
2. Delivery Options
We reserve the right to limit the quantity to be delivered. No guarantee is given for a specific delivery date. In the event of late delivery there shall be no right to compensation claims. Operational and traffic disruptions, official decrees and other cases of force majeure as well as all other circumstances which directly or indirectly make it impossible for us or our suppliers to manufacture or deliver, release us from the obligation to deliver for the duration of the disruption or entitle us to withdraw from the contract, even partially, without the purchaser being entitled to claims for damages.
The goods shall generally travel at the expense and risk of the purchaser. Only the quantities, weights or numbers of items determined by us prior to the departure of the goods shall be decisive for the calculation. The buyer must settle any transport damage directly with the transport company.
4. Payment Terms
The term of payment is in principle prepayment. However, if individually agreed otherwise, the dates of receipt of payment shall be decisive. Cheques are only valid after they have been credited. In the event of overdue payments, we shall be entitled to charge customary bank interest. In the event of default in payment, all outstanding invoices shall become due immediately. In the event of doubts as to the solvency of the buyer, we may demand advance payments or securities. If the purchaser is in arrears with his obligations, we shall be entitled to suspend delivery subject to other claims. We reserve the right to deliver to unknown customers against advance payment.
Information of all kinds about processing and application possibilities as well as possible dangerousness of our products are given to the best of our knowledge, but without obligation and to the exclusion of any liability. With the departure of goods from our company, any liability arising from products, regardless of the degree of danger, passes to the buyer.
6. Notice of Defects
Complaints and objections of all kinds can only be considered if they are made in writing within 10 days of receipt of the goods, so that we can verify the entitlement. We will remedy duly raised and actually justified defects at our discretion by price reduction, exchange, repair or return of the goods against reimbursement of the purchase price. Any return may only take place with our written declaration of consent. Further claims are excluded in any case.
7. Retention of Title
In principle, our deliveries are subject to reservation of title. Ownership shall not pass to the Buyer until he has paid all his liabilities arising from our deliveries, irrespective of whether the purchase price for certain goods deliveries specified by the Buyer has been paid. In the case of current invoices, the retention of title shall be deemed security for our entire balance claim. The pledging or transfer of ownership by way of security to third parties must be notified to us immediately by registered letter. These mentioned reservations do not exclude that the buyer may sell the delivered goods in the ordinary course of business. However, the right to resell ends as soon as the buyer defaults on his payment obligations or a significant deterioration in the buyer's economic situation occurs.
In the event of a business sale to a third party or lease, the buyer undertakes to report this change immediately.
8. Place of Jurisdiction
Place of performance and jurisdiction is Regensburg if our claims are asserted in the dunning procedure; in addition, Regensburg is jurisdiction for transactions with registered traders.
9. Export Deliveries
For export deliveries, all the above conditions shall apply in principle, in particular German law shall apply as agreed. The customer undertakes already now to pay all costs and interest arising therefrom in each case of default. Deviations from these conditions must be confirmed in writing.