All our services and deliveries apply the following conditions for payment and delivery:
I. Emergence of the contract
Every contract must be available in a written form. The customer is bound to the order for four weeks.
The contract comes into being, if we confirm the order within these four weeks or provide the service or delivery partially or complete. Every additional verbal agreement with employees or agents needs the express confirmation to be valid. As well, the promised features must be written confirmed.
At the time of the agreed testing of the purchased object (buy on sample) the contract comes into effect, when the customer doesn’t contradict the contract in form of a registered mail. The customer also must send back the delivered goods at own expenses and the delivered goods must be in a faultless condition.
All prices are valid from the factory and exclude the value added taxes, transportation costs and the costs for packaging. All costs in context with the installation will be additionally charged, except there is no explicitly additional agreement.
For all increases from material or payment costs from the signing of the contract to the implementation of the contract, we reserved an adjustment of the price, if the delivery and service is not performed in four months after the signing of the contract.
III. Terms of payment
The payment of the remuneration for the delivery and service must be paid with the provision of service from our side or no later than 30 days after the date of the invoice.
The deduction of a cash discount is only possible if there is an agreement between us and the customer.
The payment must take place in cash, via check or in transfer. Acceptances or customer acceptances require an explicit agreement and are only valid after redemption as fulfilment. All costs and business expenses shall be borne by the payer.
If overdue bills are not paid or deliveries are not accepted the deliverer is entitled to denial all services regarding all still existing delivery obligations until the overdue bill is payed or the delivery is accepted.
From this point the delivery only takes place for a payment in advance or cash on delivery.
IV. Delivery and installation
By deliver from the factory the receiver carries the risk of the transportation. The terms of delivery are respected, from the point when the product is sent away from us or from the consignor before the termination from the terms of delivery.
The follow terms of delivery are obsolete if there is a case of force majeure in our business or by one of our deliverers and we are entitled to step back from the contract in whole or partially.
The same applies, if we can’t follow the terms of delivery because of reasons which are not our fault.
We are not responsible for delivers who are too late or not delivered who are caused by failure of our upstream. Damages because of a delay in delivery are impossible, unless we caused the delay by intent or grossly negligent acting.
The installation must take over by the customer. The basis of the installation are our operating manual and the common connection standards for air, electricity, water and gas. In the case of damage which is caused by false power supply the warranty claim ends automatically.
After the delivery, the customer must check the object immediately on any defects and have to report them by letter. After three days the delivery applies as contractually accepted.
The warranty is connected only with the object, not with wear parts and working performance. After the purchase it is not possible to enforce obvious defects. Defects who appears later must be reported immediately by letter and we need the opportunity to check the object at the location.
When there are entitled compliances, the deliverer can rework or make a replacement delivery in due time. Other claims like transformation, reduction or compensations because of nonfulfillment are obsolete.
If the remedial is impossible despite several rectifications or if the remedial is unconscionable for the customer, the customer can require transformation or reduction or can resign the contract. Further claims for damages caused by consequential damages are impossible, unless we caused the damages intentionally or rough negligent.
Every change which is made on the object without permission exclude every legal right of remedial.
For selling or delivers or services to consumers for the purpose of § 474 BGB the legal regulations of §§ 474 BGB ff. apply.
VII. Retention of title
The delivered product stays in property of the deliverer until the full payment of all requirements from the contract is made. The customer is not allowed to pledge or give away the object as a safeguard.
In case of seizure or confiscation or other injunctions of others the customer must inform us immediately.
All requirements from the customer out of reselling or further processing of the reserved goods will be worn hereby.
VIII. Place of fulfilment and jurisdiction
When there is a contract between us and merchants or legal entities of public law or public law special fund, the place of fulfilment and jurisdiction is the place of our commercial branch. In all other cases the legal provisions are valid.
Deviations from these terms of conditions are only valid with our express written confirmation.
X. Severability clause
If the purpose of these terms and conditions or a future recorded purpose, partially or in whole, is not legally effective or not feasible or lose its legal validity or feasibility later, with this clause the validity of the other regulations of the condition are not be touched.
In place of the ineffective or unenforceable provisions occur an adequate regulation which, as far as legally possible, most likely to come the condition which the deliverer meant, or which are in sense and purpose what the deliverer have meant.