Sales and delivery conditions
The order shall only be deemed to have been accepted once it has been confirmed in writing by the Supplier; until such confirmation, the Supplier's offer shall not be binding. Subsidiary agreements and promises shall only apply if they have been confirmed in writing by the Supplier. If the order is placed under the purchaser's purchasing conditions, these shall only be deemed to have been agreed to in this respect, as they comply with the supplier's terms and conditions of sale and delivery.
All prices are in Euro ex works, excluding packaging and expenses for delivery and collection. As far as If packaging costs and transport expenses are included in the price, this will be specially noted. The customer does not acquire any rights to the tools through remuneration and cost shares for tools.
The indicated delivery times are approximate. They apply from receipt of the order together with the corresponding Working documents for laser cutting on the customer's cylinders from receipt of the originals and cylinders. Force majeure or official measures shall release the supplier from compliance with the delivery times for the duration of the hindrance; in particular, operational disruptions due to war or strike shall be considered force majeure, Lockouts, riots, energy restrictions, loss of public transport and staff shortages. Delays in delivery occurring as a result of force majeure or official measures shall not entitle the customer to withdraw from the contract or to assert damages caused by delay or claims for damages of any kind. Any liability on the part of the supplier is also limited to the amount with which the subject of the contract is invoiced or has to be invoiced.
Payments must be made within 30 days of the invoice date, strictly net and without deductions, provided that no other regulation is agreed in writing. In the case of payments by bill of exchange or cheque, payment shall not be deemed to have been made until they have been honoured. Discount charges or other expenses for payment by bill of exchange shall in all cases be borne by the customer. Bills of exchange shall only be accepted as payment by agreement; they shall only be deemed to be accepted on account of payment, not in lieu of payment. Their term may not be less than 10 days and not more than 3 months. They must be taxed according to the regulations. Bank, discount and collection charges shall be reimbursed to the supplier.
If the client is in default with a due payment, he shall suspend his payment. If bankruptcy or composition proceedings are instituted against his assets, or if his financial circumstances deteriorate significantly, any payment term shall be cancelled. In these cases, the supplier can demand cash payment before further delivery. Payments are always used to settle the oldest due debt items plus the default interest accrued thereon. The offsetting of disputed counterclaims, the retention of due invoice amounts as well as deductions for postage, transfer and insurance fees or similar are not permitted.
Retention of title
Delivered goods remain the property of the supplier until final payment has been made and the cheque or bill of exchange has been honoured. In the event of incomplete payment, the supplier has the right to retain any goods of the customer still in its possession until final payment has been made. Pledging or transfer of ownership by way of security of the delivered goods in favour of third parties is only permitted with the consent of the supplier. In the event of resale of delivered items, the acquired purchase price claim shall be deemed assigned to the supplier in the amount of the outstanding payment.
Shipping and packing
Shipping is always at the expense and risk of the recipient. Packaging will be charged at cost price and will not be taken back unless roller crates and similar items are provided by the customer. Loaned boxes remain the property of the supplier.
Notification of defects and warranty
Complaints must be made immediately; they will only be considered if they are made in writing to the supplier within two weeks of receipt by the client. Defects in individual parts of a delivery exclude the objection of the entire delivery. In the case of defects acknowledged by the Supplier in writing, the Supplier is obliged to reproduce the goods free of charge; the Client must grant the Supplier a reasonable period of time to remedy the defects. Claims of the Purchaser for change action, reduction or damages are excluded; likewise, the Purchaser is not entitled to claims from positive breach of contract due to damages exceeding the warranty rights.
Templates and liability
Templates submitted to the supplier should be prepared for reproduction. Any additional costs incurred as a result of the customer's requests for changes after work has begun or as a result of additional services due to non-reproducible templates shall be borne by the customer. The client assumes full liability for the documents to be supplied by him, such as photos, drawings, sample documents or similar, and assumes full liability that the rights of third parties are not infringed by the use of these documents and must indemnify the supplier for any disadvantages that may affect him. Any liability of the supplier for loss or damage to submitted documents is excluded; the customer must take out appropriate insurance policies himself and at his own expense.
Place of performance and jurisdiction
The place of performance for both parties for all claims arising from the business transactions subject to these terms and conditions, in particular for delivery and payment, as well as the place of jurisdiction (also for actions on bills of exchange and cheques), shall be Hamm.