General terms and conditions
Any general terms and conditions of the buyer that depart from our General Terms and Conditions shall only be binding if they have been confirmed by us in writing in each individual case. Orders placed orally or in writing shall not be regarded as accepted until they have been confirmed by us in writing.
2. prices and deliveries
The prices printed in our price lists are only to be regarded as provisional recommended prices and are not in any way binding. Where appropriate, therefore, you should always request an up-to-date quotation before ordering. This quotation then has a resale price maintenance clause. If the period between quotation and delivery is longer than 3 months, we shall adjust the prices without further notice and execute these without further notice, even if this is not stated as such in the catalogue or other publications. We reserve the right to modify products within reasonable bounds; furthermore, we can accept no liability for any errors, including errors in the preparation of the catalogue. Shipment of our products shall be effected carriage unpaid ex works for the account of and at the risk of the buyer, and the goods shall be insured against damage in transit at the expense of the buyer. The delivering forwarding agent must be notified on delivery, in writing, of any damage in transit, and we must be notified without delay of any such damage, including submission of appropriate documentation. If fulfilment is delayed or prevented as a consequence of force majeure, or as a consequence of strikes or lockouts or other events beyond our control, we shall be entitled to withdraw from the contract in whole or in part. In these cases, the buyer is not entitled to submit claims for damages.
3. terms of payment
New customers or customers with insufficient creditworthiness
shall only be supplied against advance payment.
Discounts may only be deducted for payment within 10 days,
thereafter strictly net. In the event of delay in payment,
interest of 4% above FIBOR is payable.
Delay in payment begins after 30 days.
4. retention of title
The objects of the purchase shall remain our property until the purchase price and all obligations arising from the goods and services of our company have been paid in full. The buyer undertakes not to hand over or sell the objects of the purchase to third parties, nor to dispose of the objects in any manner that could place the property at risk, before the purchase price has been paid in full. In the event of any attachment of the objects of the purchase, the seller shall be notified immediately.
We must be notified in writing of complaints concerning apparent defects within two weeks of receipt of the goods, hidden defects must be reported in writing without delay. Should the complaints be justified, we shall rectify the defect, supply a replacement or issue a credit note, at our discretion; to the extent that these measures remedy the cause for complaint, claims for rescission of the contract or reduction of the purchase price as well as the right to withdraw from the contract are hereby precluded. Should the supplied products contain components made of wood, or if they are entirely made of wood, we decline any warranty for the wood turning grey or for cracks in the wood as a matter of principle, since wood is a natural product. No further claims, in particular claims for damages of any kind, can be accepted, unless such claims are based on intent or gross negligence. According to German law the period of warranty is two years.
In accordance with the 5th amendment to the Packaging Ordinance, we shall pay all fees due for the disposal or recycling of the packaging materials used by us directly to a "Dual System" disposal company that operates at national level. For this reason, packaging materials of any kind must be disposed of free of charge by any local "Dual System" disposal company. The delivering forwarding agent is not obliged to take back packaging material.
7. Delivery-related trading unit change
Insofar as is reasonable for the buyer, we reserve the right to make technological improvements to the goods without notice.
8. place of performance and jurisdiction
For contracts with registered traders, legal entities governed by public law and special government-owned funds under public law, the place of fulfilment and jurisdiction is Königsberg, Bavaria.