85579 Neubiberg b. München
Terms of Delivery and Payment
All deliveries and services rendered shall be subject to the following standard terms. Any different agreements must be acknowledged in writing.
1. Scope of Delivery
The scope of delivery shall be based on the written Acknowledgement of Order. The documentation eclosed with the preceding offer, e.g. illustrations, drawings and the like, are only informative and are not binding. Obvious typing errors and mathematical errors must be corrected.
The prices are to be understood in the currency specified ex works, whichever plant is involved, not including packaging unless the Acknowledgement of Order explicitly stipulates a different basis for delivery. All prices are net prices and are calculated on the basis of current costs. If these costs change prior to delivery, the Supplier reserves the right to make price adjustments. Any Value Added Tax will be charged separately.
3. Terms of Payment
If there is no special agreement, the total purchase price shall be paid upon receipt of invoice in cash, by cheque or by bank transfer without any deductions. Discounting charges, bill of exchange charges and other bank charges shall always be borne by the Customer and shall be payable immediately. If payment is not received punctually within the agreed period allowed, or if payments are discontinued or if an application is filed for an extension, the respective balance shall fall due immediately. The Customer shall not be entitled to withhold payments or set off amounts on account of any counterclaims the Customer may have which are disputed by the Supplier.
4. Delivery Period
The delivery period shall only commence when the Supplier is in possession of the Acknowledgement of Order countersigned by the Customer. The agreed delivery period shall apply only on the assumption that no unforeseen hindrances should occur and the Supplier receives his own supplies in good time. It shall be deemed an unforeseen hindrance if the Customer fails to provide in good time the specifications, drawings, sample information and the like, necessary for executing the order. The delivery period shall be extended by a reasonable time if the Customer subsequently changes his order or fails to make the agreed payments punctually. Force majeure, strikes, lockouts, lack of cargo space available and the like shall relieve the Supplier of his duty to meet his obligations. The Customer shall not have any rights to compensation for non-performance or late performance.
5. Retention of Title
All the goods supplied shall remain the property of the supplier until the purchase price, including all incidental costs, has been paid in full.
6. Prolonged retention of title
a) All the goods supplied shall remain the property of the supplier until the purchase price, including all incidental costs, has been paid in full.
b) The Purchaser is entitled to resell the delivery item in the course of ordinary business dealings. He shall herewith assign to us all the claims amounting to the invoiced value of our claim or corresponding to the value of the reserved goods supplied which he accrues from the resale to a third party. We hereby accept the assignment. The Purchaser shall be authorised to collect the claim after assignment. We reserve the right to collect the claim ourselves as soon as the Purchaser fails to duly meet his payment obligations and defaults on payment. c) Machining/processing of the item supplied shall always be effected in the name and on behalf of us. If processing is carried out with items not belonging to us, we shall acquire joint title to the new item in proportion to the value of the processed item we supplied compared with the other processed items. The same applies if the item supplied is mixed with other items not belonging to us. d) We shall undertake to release the security that we hold at the Purchaser’s request in so far as the value thereof exceeds the claims to be secured by more than 20%.
7. Extended retention of title
a) The goods supplied shall remain our property until all our claims arising from the business relationship have been paid.
b) We shall undertake to release the security that we hold at the Purchaser’s request in so far as the value thereof exceeds the claims to be secured by more than 20%.
Dispatch shall take place at the Customer’s risk ex works, even if carriage paid has been agreed upon. The Customer shall bear full responsibility for proper storage of the goods arriving at the destination. Insurance against fire, theft etc. shall be a matter for the Customer.
9. Liability for Defects
With regard to work performed by himself the Supplier undertakes, for a period of twelve months, the obligation to remedy free of charge any faults which can be proved to be due to faulty materials or defects in manufacture, provided the material defects and / or manufacturing defects which have occurred have been reported within 8 days after they have been found. The Customer shall not have any further guarantee claims or compensation claims. For deliveries by third parties the Supplier only gives a guarantee within the scope of the warranty obligations given by his own supplier. The Supplier shall have no further liability. The Supplier may refuse to remedy the defects as long as the Customer fails to meet his commitments.
10. Place of Jurisdiction
The only place of jurisdiction shall be Munich.