GTC
The business partner acknowledges and agrees to our General Terms and Conditions. The General Terms and Conditions shall apply to all – including future – transactions. Subsidiary agreements require our written confirmation. Terms and conditions of the business partner that contradict our General Terms and Conditions shall only come into force with our written consent. German law shall apply exclusively.
The data stated in our offers are only approximate unless expressly agreed. Our offers are non-binding and subject to change. All documents belonging to the offer remain our property and may only be made accessible to third parties with our written consent.
The usual terms of payment in mechanical engineering apply. This means cash without deduction free our paying agent.
- 1/3 down payment after receipt of order confirmation
- 1/3 as soon as the customer has been notified that the delivery or the main parts thereof are ready for shipment
- 1/3 within a further month
In the event of late payment, we will charge the usual bank interest.
The contractual basis of the delivery is exclusively our written order confirmation. The scope of delivery shall only correspond to our written order confirmation. The delivery period begins with the dispatch of the order confirmation. If changes or extensions are agreed after the order confirmation has been sent, the delivery period shall be extended accordingly. The delivery period shall be extended to a reasonable extent in the event of unforeseen events beyond our control. This also applies to unforeseen delivery difficulties and deadlines of our suppliers. The delivery deadline shall be deemed to have been met if the delivery item is ready for dispatch at the factory by the time it expires. Partial deliveries are permissible. If the customer fails to comply with his contractual obligations, the delivery period shall be deemed suspended. If acceptance is delayed, the customer may be charged ½ % per month for storage.
The risk is transferred to the customer when the delivery item is loaded. This shall also apply to deliveries free works. In the event of delays attributable to the customer, the risk shall pass to the business partner from the day on which the business partner is notified that the goods are ready for dispatch. This shall also apply if partial deliveries or additional services, such as the assumption of shipping costs or installation, have been agreed. Upon request, we will insure the shipment at the business partner’s expense.
Prices are quoted net plus VAT, including loading at the factory, but excluding packaging.
1. We reserve title to the object of performance (reserved goods) until receipt of all payments from the existing business relationship with the customer; in the case of a current account, the reserved title shall also serve as security for our balance claims. If we agree a check/bill of exchange transaction with the customer, the reservation shall also extend to the redemption of the bill of exchange and shall not expire when checks received are credited.
2. The customer is entitled to resell the item in the normal course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims which accrue to him from the resale against his customers or third parties, irrespective of whether the reserved goods have been resold without or after processing. The customer may collect the claims to which we are entitled on the basis of this assignment as long as he is not in default, in particular no application for the opening of insolvency proceedings has been filed and there is no suspension of payments or we have revoked this consent, on the condition that he transfers to us the amount collected up to the amount of the claims against him that still exist and are due. If, in the above-mentioned cases, the authorization to collect is no longer applicable, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs these debtors of the assignment.
3. The processing or transformation of the reserved goods by the customer shall always be carried out on our behalf. If the reserved goods are processed, combined, mixed or blended with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed etc. items at the time of processing etc. objects at the time of processing etc. In all other respects, the same shall apply to the new item as to the goods subject to retention of title. If the customer manufactures new items at the order of a third party using the reserved goods, which are to be regarded as the main item, the customer shall grant us proportionate co-ownership and shall store the new item for us free of charge.
4. If the realizable value of our securities exceeds the claims to be secured by more than 10%, we shall be obliged to release securities of our choice at the request of the customer or a third party affected by the excess security.
5. We are entitled to inspect the goods subject to retention of title at any time at the place where they are located. If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the goods subject to retention of title after setting a reasonable deadline. Our taking back the goods subject to retention of title shall not constitute a withdrawal from the contract. After taking back the goods subject to retention of title, we shall be entitled to realize them; the proceeds of realization shall be set off against the customer’s liabilities – less reasonable realization costs.
6. The customer is obliged to treat the reserved goods with care and to insure them adequately at his own expense against the risks of fire, water and theft at replacement value. Upon request, he shall assign to us the claims against the insurance company. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense, unless otherwise contractually agreed.
No warranty is assumed for damage resulting from the following reasons: operational wear and tear, faulty assembly or commissioning by the customer or third parties, faulty or negligent handling or faulty or negligent maintenance, unsuitable operating materials, etc. Furthermore, we are not liable for damage resulting from tolerances or properties of the conveyed goods that were not the basis of the order. We are only liable for supplied parts within the scope of the warranty obligation of our suppliers.
The place of jurisdiction is Münster.