 General Terms & Conditions
1. The following delivery terms apply to all contracts, deliverables and other services, so long as they are not altered or excluded by our express written agreement.
2. Our proposals are always non-binding. Signed contracts and other agreements are binding only by our order confirmation or delivery.
3. The delivery terms contained in the proposal are non-obligatory. Obligation comes into effect upon our order confirmation. Delivery deadlines automatically extend-also within a delay--in accordance with the occurrence of force majeure events and any unforeseen hindrances over which we have no control. In the case of delay, the purchaser must allow a reasonable grace period. Partial deliveries are permissible within reason. Delays and omissions (impossibility) in delivery are not our responsibility, so long as no fault is attributable to us, our fulfilment assistance and our subcontractors. We cannot be held responsible for delays or failure (impossibility) in delivery due to fault on the part of our subcontractors. The purchaser's right to withdraw from the contract after the expiration of the established grace period without fulfilment remains unaffected. If we become aware of the customer's deterioration of assets or liquidation, we reserve the right to withdraw from the contract.
4. Complaints regarding quantity or quality of delivered goods must be submitted in writing within 5 days of receipt. For confirmed deficiencies we reserve the right either to repair or replace defective goods. The purchaser is obligated to allow us reasonable time for repair or replacement. Any damages resulting from transport should be noted and reported to us immediately.
5. Unless otherwise stipulated, our prices are net ex warehouse, not including applicable VAT. The invoice date is the shipping date / the effective date of availability to ship from our warehouse. Payment terms are 30 days net from the invoice date, unless otherwise stipulated, and should be made in such a way that the invoiced amount is accessible to us at latest by the due date. Payments made within 10 days receive a 10% discount. Late payments will accrue interest, without special notice, calculated at 3% above the current discount lending rate from the German Federal Bank.
6. Delivered goods remain our property until complete payment is received. The purchaser reserves the right to sell the goods in normal commerce, as long as he is not in arrears or has no difficulty making payments. Should the purchaser sell goods that are still our property, any receivables along with all secondary claims resulting the sale are surrendered to us without requiring express confirmation. The purchaser may neither pawn nor collateralise any delivered goods prior to full payment. The purchaser must notify us immediately of any seizure of goods or confiscation.
7. Place of fulfilment and exclusive legal jurisdiction for deliveries and payments, as well as any and all disputes arising from a contractual relationship, is the venue of Nettetal, if the purchaser is a general merchant or a legal public entity. All contracts are governed exclusively by German law.
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