The following conditions apply to all sales and deliveries unless otherwise agreed in writing. Opposing or deviating from our sales conditions of the customer will only be accepted if we have expressly consented to their application in writing.
Our offers are not binding. Contracts are made only by our written order confirmation. Technical changes designed to improve our stay, to the extent reasonable for the customer, reserved. Minor deviations from our drawings, illustrations, dimensions, weights and technical specifications without notice. To our offer accompanying documents we reserve ownership and copyright. A transfer or copy of these documents is not permitted. With used plants a sale is possible.
2. Delivery times
Delivery times are only binding if they are expressly confirmed by us in writing. Delivery periods begin after receipt of all required documents (eg drawings or permits) and an agreed deposit.
Delivery is ex works. The risk passes to the customer as soon as the items are handed over to the transport company or - if the customer is not ready for acceptance - have informed the customer that the goods are ready. Any loss or damage must be made immediately to the delivery company. At customer's request we are ready to take out transport insurance. The costs will be billed. We are entitled to partial deliveries. If we are in default in delivery and the customer grants us a reasonable extension with the express written statement that he acceptance of the power rejected after the expiry of that period and the grace period is not respected by our fault, the customer is entitled to withdraw. Alternatively, ask for compensation for the delay the customer. However, this does not apply if it appears from the circumstances that he has suffered any damage. The sum compensation amounts for each full week of delay of 0.5%, but not more than 5% from the value of that part of the delivery which due to the delay on time or expedient can be used serve. In addition, claims for damages due to delivery delays are excluded. Force majeure, operational disruptions, strikes or other, we are not responsible obstacles to us or our suppliers exempt for the duration of the disruption and its effects of the obligation to supply even if we were on the occurrence of these obstacles already in default.
4. Purchase price
Our prices are exclusive of packaging, transport costs, tariffs, installation costs, etc. and plus value added tax.
Our invoices are payable within 30 days from date of invoice. Invoices for repairing and / or assembly are payable immediately on receipt of invoice. It shall otherwise the payment as specified in the offer. Payments are valid only to the extent as done as we can freely dispose of them at a bank. Cheques and drafts are accepted only on account of payment; Discounts and expenses shall be borne by the customer. In case of delayed payment we charge without warning due interest in the amount of 3% above the Bundesbank discount rate. If the customer stops making payments or the realization of our claims seems at risk, we are entitled to demand advance payments or security deposits. The customer may only offset undisputed or legally established counterclaims against our claims. He is not entitled to withhold payment of due invoice amounts in complaints about the goods or to cut. We reserve the right to charge the equivalent of deliveries in cash or by cash on delivery.
We guarantee manufacturing, construction and material defects for a period of 12 months in 1-shift operation in 2-shift operation 6 months and in 3-shift operation of 3 months, respectively from delivery. In refurbished machines, we make accordingly be responsible for a period of 3 months, but only in 1-shift operation and compliance with our Installation and Operating Instructions. For repairs we provide in accordance with warranty on new parts used in the repair. Excluded are wearing parts, beyond damages based on incorrect handling, excessive strain, unsuitable equipment or chemical, electronic or application-related influences. For the warranty is compliance with our Installation and Operating Instructions. Defects of the delivered goods must be reported to us within 8 days after receipt of the goods in case of hidden defects immediately after discovery in writing. Otherwise, all warranty claims lapse for their suitability and use. In the event that complaining parts are easily replaceable, the customer agreed to exchange these and install itself. The customer has a right of withdrawal, if we allow a reasonable period of grace in writing for the elimination of a position to be taken by us through our fault defects without remedying the purposes of delivery. The reasonable additional period does not begin till the defect and our obligation are recognized and documented. In case of justified complaints, we will repair the goods at our discretion, take it back or grant the customer a reasonable price reduction. We are entitled to demand the restitution of the replaced parts. Additional costs arising from the fact that the delivery item is transported to another location, shall be borne by the customer. Our technical advice is based on our best knowledge but without obligation and does not exempt the customer from testing our products for their suitability and use. Further claims by the purchaser, in particular claims for compensation for damages which have not arisen on the delivery item itself, are secure. In case of culpable violation of essential contractual obligations we are liable - except in cases of intent or gross negligence of the customer - only for the contract-typical, reasonably foreseeable damage. We are not liable for consequential damages caused by the failure of the machine or plant or may occur. In breach of obligations the above conditions shall apply mutatis mutandis. This disclaimer does not apply to intent or gross negligence of the customer and in the cases in which liability exists under the Product Liability Act in the delivery item for personal or material damage to privately used objects errors. He is not the absence of properties that are explicitly assured, if the assurance had the purpose of protecting Buyer from damage not caused to the delivery item itself.
7. Retention of title
We reserve the right to ownership of the delivery item until all claims by us against the buyer arising from the business relationship, including future claims arising from simultaneous or subsequent contracts have been settled. This also applies if individual or all claims by us have been included in a current account and the balance is struck and accepted. In breach of contract, in particular default in payment, we are entitled to take back the delivery item after a reminder and the customer is obligated to. In the withdrawal and the seizure of the object by us, unless the installment law is applicable, a withdrawal from the contract only exists if we have explicitly declared such. If third parties seizure or other interventions the buyer must inform us immediately in writing. The purchaser is entitled to resell the delivery item in the ordinary course of business. However, this does not apply if and insofar as between the customer and his customers a prohibition of assignment with regard to the purchase price has been agreed. He assigns to us already now all claims with all ancillary rights which accrue to it from the resale to the purchaser or third parties, and indeed irrespective of whether the reserved goods are resold without or after processing. To collect these receivables the purchaser shall be authorized, also after cession. Our authority to collect the claims itself remains unaffected; however, we undertake not to collect the claims as long as the customer meets its payment obligations. We can demand that the customer notifies us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors of the assignment. If the delivery item is resold together with other goods that do not belong to us, resold, the claim against the buyer in the amount agreed between us and the customer delivery price shall be deemed assigned. The processing or transformation of reserved goods is always carried out by the purchaser for us. If the conditional commodity with other items not belonging to us processed, we shall acquire joint ownership of the new item proportional to the value of the reserved goods to the other processed items at the time of processing. The purchaser is obliged to insure the delivery item during the retention of title against theft, breakage, fire, water and other damage, and to notify us of this display. Failure to do so, we are entitled to enter the customer's expense insurance. The retention of title and the securities we are entitled shall apply until full release from contingent liabilities (eg when paying in so-called. Check-draft process) that we have entered into in the interest of the customer. We undertake to release the securities we are entitled insofar as their value exceeds the claims to be secured to the extent they have not yet been settled, by more than 20%.
8. Customer service
Within the warranty period - but also later - available to our customers for professional repair or overhaul a comprehensive customer service.
9. Other Liability
Our liability is based solely on the provisions made in these conditions agreements. Any and all other further Ansprühe the customer, in particular for termination or reduction as well as for damages of any kind, which have not occurred to the delivery item itself. This disclaimer does not apply in case of intent, gross negligence of the customer as well as for culpable violation of essential contractual obligations. In case of culpable violation of essential contractual obligations we are liable - except in cases of intent or gross negligence of the customer - only for the contract-typical, reasonably foreseeable damage. Furthermore, the disclaimer does not apply in cases where under product liability law for faults of the delivered goods for personal injury or damage to privately used items. Nor does it apply in the absence of properties that are explicitly assured, if the assurance had the purpose of the customer against damages that have not occurred to the delivery item itself, secure.
10. Place of jurisdiction
German law is applicable, place of jurisdiction is Celle.
Fulfillment is 29336 Nienhagen
Sincerely -- with Best Regards
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