General Terms and Conditions of Sale and Delivery
valid from 01 May 2021
We hereby already object to any conflicting terms and conditions of purchase, delivery and payment of the Buyer. These shall not apply even if they are contained in a letter of confirmation from the purchaser subsequent to our order confirmation and we do not object to this. Our silence in this respect shall mean its rejection. However, we shall be entitled to waive the validity of our own GTC in whole or in part at any time.
Even in the event of contradictions in the preceding mutual contractual declarations or letters of confirmation, the contract shall in any case be concluded by acceptance of our delivery or other performance services under our contractual terms and conditions reproduced here.
3. Shipping, transport and insurance
Only at the express request of the buyer, shipments are insured by and against transport damage. The resulting premiums and expenses shall be borne by the buyer.
4. Delivery Dates
Special circumstances such as strikes, shutdowns, operational restrictions, operational disruptions, import and export bans, handling difficulties with our suppliers, pandemics and other events and circumstances not foreseen by us which directly or indirectly disrupt or prevent delivery or performance shall release us from our performance obligation for the duration and to the extent of the operational or shipping disruptions resulting therefrom, without the Buyer being able to derive any claims for damages therefrom.
If we fail to meet a delivery deadline agreed as binding, the purchaser shall be entitled to withdraw from the contract after the fruitless expiry of a reasonable grace period to be set by him. In this case, the purchaser shall only be entitled to damages if we are at fault and the grace period has expired fruitlessly; in the event
of slight negligence, the damages shall be limited to 5% of the purchase price for each week that the object f purchase is delayed, but no more than one and a half times the purchase price.
5. Retention of title
Our deliveries remain our property until full payment of the respective purchase price claim against the buyer.
The same shall also apply insofar as we are entitled to further claims against the purchaser – for whatever reason, in particular also from previous mutual transactions. In the case of a current account, the retained title shall be deemed security for our balance claims.
6. Warranty for defects, consumables
The warranty period is 1 year from the date of performance. Parts which prove to be unsuitable as a result of defective material or faulty workshop workmanship shall, at our discretion, be repaired at our premises or at the customer‘s premises or supplied anew. No liability shall be assumed for damage resulting from natural wear and tear and/or improper use. If the purchaser carries out modifications, repairs or maintenance work himself or through a third party without our consent, he shall bear the burden of proof that the defect in the item was already present at the time of handover. The duration of the functional capability of the equipment supplied by us depends on the special purpose and to a large extent on the type and duration of use. This leads to the fact that the exchange of certain wearing parts becomes necessary in longer or shorter intervals.
For this reason, we already supply certain wear parts. The wear of these or other parts is not covered by the warranty.
The purchaser may resell our delivery item – If the repair or replacement delivery fails (e.g. because it is impossible, fails twice or does not succeed within a reasonable period), the customer may, at its option, demand a reduction of the remuneration or rescission of the contract. The limitation of liability according to clause 8 below shall apply. When returning the goods, the customer shall ensure correct declaration for customs and taxes and, if necessary, consult us
7. Liability for damages
8. Supplementary provisions
Should individual provisions of the above contractual terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions and the contract as a whole. The contracting parties shall execute the contract as then with an effective replacement provision that comes closest to the economic purpose pursued by the omitted provision.