Purchase terms and conditions
The following terms and conditions shall apply exclusively for all orders, if nothing else has been agreed in writing:
1. General
- Orders and agreements shall only be binding if they have been issued or confirmed by us in writing.
- Orders issued by us shall be confirmed in all points in writing within 8 days. Otherwise we reserve the right to withdraw our order.
- Our drawings may neither be processed further nor made accessible to third parties in any form. Should this occur, the supplier shall be held liable for any damages incurred. In case an order is not made, all drawings must be sent straight back to us. Any kind of copies are prohibited.
2. Delivery and performance deadlines
- The agreed delivery deadlines are binding, with the exception of force majeur. Should your payments become delayed, we shall be authorised, but not obligated, after setting a reasonable extension period, to demand a new delivery or damages due to non-fulfilment, or to withdraw from the contract. You must inform us immediately of recognizable delivery delays.
- The dispatch of the goods, including partial deliveries, are to be announced on the day of dispatch through a notification of dispatch.
- Notwithstanding the pricing, the risk is not transferred to us until the subject of delivery is received at our plant.
3. Price
- The purchase agreement shall not come into effect until the price has been bindingly agreed.
- We shall not acknowledge price reservations of any kind in the sales and delivery terms and conditions.
4. Payments
- Payments shall take place: within 14 days after reception of goods or receipt of invoice with a deduction of 3% discount, or net within 30 days.
- The payment shall take place through a means of payment of our choice to the pay office you have specified.
- Payments made by us shall have no influence on our warranty claims.
- Issue of invoices: invoices must be submitted as single copy on delivery. If the invoice arrives later than the goods, the reception date of the invoice shall prove decisive for the calculation of the discount instead of the reception date of the goods.
5. Warranty, deficiency claims and warranty period
- The supplier shall guarantee that the subject of delivery possesses the contractually-assured properties; that it accords with the recognized technical regulations and that it has no errors which might remove or reduce the value or the suitability of the subject of delivery for the usual use or for the use specified in the contract. The supplier shall also be held liable for violations of the rights of third parties through delivery or use of the supplied product, in particular commercial copyrights.
- The supplier must remove immediately any defects in terms of 1. at their own cost, if the removal of defects is not possible, not usual or unreasonable, we can instead demand the immediate delivery of a subject of delivery without defects, at no extra delivery charge. We are authorised, but not obligated, to demand subsequent fulfilment.
- If the supplier does not immediately fulfil their obligations for removal of defects or replacement delivery, should they refuse to fulfil these obligations or if they are unable to make a replacement delivery, we can apply the legal guarantee claims without further extension of deadlines.
- In urgent cases, we shall be authorised to repair a defective subject of delivery at the supplier’s cost or to procure replacements from third parties. The case shall be considered urgent if the delivery is required by us for a service specified in terms of deadline.
- Unless nothing else has been agreed, the warranty period shall total two years. The supplier shall renounce the objection of belated deficiency claims, but defects in terms of 1. must have been claimed for from the supplier at the latest 30 days after expiry of the warranty period.
- The warranty period shall begin with handover of the subject of delivery to us or the third party named by us at the place of reception specified by us. It shall start anew for repaired or replaced subjects of delivery. For correctly stored reserve parts, the warranty period shall not begin until the day of commissioning, but shall end at the latest 2 years after we received the parts.
- Unless otherwise agreed, the applicable legal regulations at the agreed place of jurisdiction shall apply.
6. Place of fulfilment and place of jurisdiction
The place of fulfilment for deliveries and services is Weingarten/Württ., the place of jurisdiction is Ravensburg.