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General
Sales Conditions
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1.
Purview
For all deliveries and sellings, as well as for orders
concerning repair the following conditions are valid.
They will be valid for all future business relations,
also if they have not been restated explicitly. Any dispatch
of our products means on no account that we accept any
possible general conditions of the costumer. Different
conditions of the costumer only apply if they have been
explicitly accepted by us in writing.
2.
Offers
Our offers are not binding and without obligation. They
only become binding when we give a confirmation of a given
order in writing or by teleprint. The same applies for
amendments and modifications of these conditions, for
collarteral agreements, also for drawings, illustrations,
measurements, or further dates of achievement.
3.
Prices
Prices mentioned in our confirmation of a given order,
plus the respective purchase tax are prevailing. All prices
are net prices (exclusive packing, carriage, postage,
and expenses for insurance). If not stated differently
prices concerning special offers remain binding 3 months,
beginning with the date of the offer.
4.
Time of delivery and service
Fixed dates and time limits stated by us are not binding
unless special arrangements have been made in writing.
Delays in delivery or performance caused by Force Majeure
or by events which substantially aggravate the delivery
or even make delivery impossible - this includes difficulties
in procurement, breakdowns, strike, lock-out, understaffment,
lack of means of conveyance, official orders, etc. occuring
after the contract of agreement, also if they happen to
one of our contractors or subcontractors -, we do not
have to answer for, also if dates and time-limits have
been binding. In this case we are entitled to postpone
the delivery or respectively the performance for the duration
of impediment or to withdraw entirely, or referring to
the contract which has not yet entirely fulfilled, withdraw
partly from the contract. If the impediment lasts longer
than 3 months, the customer is entitled - after having
given a reasonable time-limit - to withdraw from the contract.
In case that we have to answer for non-compliance of binding
dates and time-limits or we come in default, the customer
has the right to claim damages of default at the amount
of 1% of the value of delivery for every finished week
of default, at the whole, however, not more than 5% of
the value of the complete delivery, or respectively of
the part of the complete delivery which is not available
for delivery. Presuppostion for this compensation for
damages of default is the customers proof of the damage
occured by default at least as high as th claimed compensation.
There is no obligation of further compensations of default
for us. We are entitled, however, for partial deliveries
and partial services at any time.
5.
Devolution of risk
With the delivery the risk devolves to the customer -
this does not depend on the date of the invoice - as soon
as the delivery has been handed over to the person who
is reasonable for the transportation or has left our warehouse
for transportation. On the customers expressed wish we
insure our delivery against damages as a result of theft,
breaking, transportation, fire and water, as well as other
insurable risks at the customerīs expense.
6.
Guaranty
Both for mechanic and electric parts, the guaranty lasts
6 month. The time of the guaranty starts with the date
of delivery. This guaranty, however, is inapplicable in
case of failure to maintain in accordance with our instructions,
if changes on our products have been made, or parts of
our equipment have been changed which do not go along
with the original specifications. The same applies to
improper use of equipment. The customer is obliged to
hold us free from all claims concerning compensation which
may arise to third parties because of an activation of
equipment or in relation to the usage of equipment. The
customer has to check the equipment immediately and expertly
on receipt. The customer has to inform our customer service
immediately of faults, at the latest, however, within
one week after the subject of delivery has been handed
over. This has to be done in writing. Of faults that do
not become perceptible even after a careful inspection
within this time-limit, the customer has to inform us
immediately, at the latest, however, within one week after
discovery in writing.Faults caused by wear and tear of
equipment are not subject of this guaranty. When claiming
guaranty, the customer has to prove that the faults are
no result of circumstances of his responsibility (e.g.
transportation damages, improper handling). Further claims,
especially claims of compensation as a result of direct
or indirect damages or injuries are out of question. If
later improvement of faults fails, even after a reasonable
time-limit has been given, the customer has the possibility
either to reduce the remuneration or to demand the cancellation
of the contract. Claims of guaranty against us are only
due to the direct customer and are not transferable.
7.
Reservation of proprietary rights
Ownership of all goods shall notwithstanding delivery
to the customer, be reserved to us and shall not pass
to the purchaser until all monies owing to us on any account
whatsoever have been paid. The customer has the right
of further disposal of the equipment if he is not in default
with his contractual duties. If equipment is being disposed
before the purchase price has been fully paid, the customer
herewith irrevocable executes the cession of all claims
entitled to him because of disposal or any other legal
argument, as well as his claim on return of equipment
because of reservated property already now to us to secure
our claims. We already now accept the cession. If the
reservation of proprietory rights is seized by a third
party, the customer has to point out our property on the
equipment and has to inform us immediately. In case that
the customer behaves contrary to the contract - especially
delay in payment - we are entiteled either to demand our
claims on return of the delivered articles or to assert
the customerīs claims on return which have been transfered
to us as mentioned above, against these third parties.
8.
Terms of payment
Sales invoices are due net upon receipt. A payment is
only considered made when we can dispose of the money.
In any case of default of payment, interest payable on
arrears will be due at the amount of the rate of interest
calculated by business banks for current accounts, however
at least 9% p.a.. Possible granted discount is abolished
in case of judicial and extra-judicial settlement sub
judice, bankruptcy, default of payment (§ 284 BGB) and
in case of judicial collection of claims concerning the
invoice. Also if censure of faults or counter-claims have
been asserted, the customer only has the right of intention,
settling of accounts, or depreciation if the counter-claims
are established legally binding or are undisputed.
9.
Practicable right, jurisdiction, collateral agreements,
partial nullity
The laws of the German Federal Republic are valid for
any legal relations between us and the customer. Place
of fulfillment and place of payment is Munich. Jurisdiction
for all disputes which may arise directly or indirectly
hereunder will be Munich, as far as competent Munich courts
can satisfy the requirements of the law. Oral collateral
agreements have not been made and are not valid. Alterations
and extensions to this contract need to be in writing,
in order to become valid. In case that one regulation
should become void, all other regulations or agreements
will not be effected by this. The void regulation then
has to be replaced by a regulation which comes closest
to the economic purpose.
Download
General Sales Conditions (Pdf-File
- 10 kByte)
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