Following delivery terms are available for all contracts, deliveries and other services, including consultancy services, provided it has not been altered without our express written consent or excluded.
Offers are always subject to change. Contracts and other agreements will only be binding upon our written confirmation. As far as our employees or representatives make verbal agreements or assurances which go beyond the written sales contract, they always require our written confirmation. Parts of the offer like documents, illustrations, drawings, weights and measurements, are, unless otherwise agreed, only approximately decisive. For orders with a net value of less than €uro 50,00 - we have to charge a processing fee of €uro 15,00.
3.) Delivery times
At the agreed delivery times, we are trying to meet deadlines, however this is without liability.
4.) Price and payment
The prices are always plus VAT at the statutory rate. They are for delivery ex works, excluding packaging and uninsured (except for bulbs. They are generally insured by us, unless it is expressly stated in another regulation.) The packaging is charged separately (at cost price). Payment shall, unless expressly agreed otherwise, be made within 8 days with 2% discount or effective within 15 days after the invoice date without any deduction. Payments for repairs are payable immediately without deduction. The seller will only be used under agreement discountable and properly taxed bills of payment. Bills of exchange and checks are subject to receipt. Bills of exchange and checks are subject to receipt of expenses with the value of the date on which the seller can dispose of the proceeds. The claims of the seller are independent of the duration of received and credited bills of exchange, it the payment is not met, or facts which give rise to a credit-worthiness of the buyer appear doubtful. In default of payment - regardless of the assertion of further damages - interest paid. Of merchants, at least according to interest from the due date. § by § 352, 353 HGB. Discounts will not be granted if the buyer upon payment in arrears for previous deliveries.
To offset any disputed counter-claims by the seller of the buyer are not permitted. The right of retention is excluded because of unrecognized or not legally established claims unless these claims are not based on the same contractual relationship.
If a complaint is filed, the buyer's payments may be withheld to an amount that is proportionate to the defect. If the contract belongs to engage in a commercial enterprise, the purchaser may withhold payments only if a complaint is made, may be justified beyond doubt. Payments may be made only to employees of the seller, if they show a valid collection authorization
The shipment will be effected at the expense and risk of the recipient. In the absence of shipping instructions agents and dispatch to our choice. If the shipment is delay on buyer´s request or due, the goods are stored at the expense and risk of the buyer. In this case is equal to the notice of readiness to dispatch. Furthermore the risk is the dispatch of goods to the shipper or carrier, but no later than when they leave the store to the buyer.
We are liable only for the following defects:
a) The buyer has to check the goods for the amount, quality and guaranteed properties immediately after receiving.
b) Obvious defects must be noticed within a week written notice to us. In case of justified complaints, at our discretion, repair or replacement of defective goods will be done.
c) To eliminate defects, the purchaser shall grant us the reasonable period of time and opportunity, in particular the disputed item or pattern to provide them, otherwise the warranty is invalidated.
d) Improperly made changes and repairs by the buyer or third will cancel the liability for the consequences arising therefrom.
e) For devices and accessories that we buy from other vendors (eg burners, motors, pumps), we are liable only under the terms of our suppliers.
f) Liability for redelivered parts, accessories, extends only to the proper execution of these parts. A liability is excluded due to incorrect or inadequate information of the customer when placing the order. This also applies to operator errors, incorrect connection to the electricity supply network, as well as due to natural wear and tear, broken glass, etc. Additional costs for warranty work arising from attempts to repair the customer will be charged.
Additional costs for warranty work arising from attempts to repair the customer will be invoiced. For the bulbs we guarantee the same operating hours like our supplier. At premature bulb failure you will get proportional compensation.
g) Deviations from illustrations, weights, equipment dimensions in brochures, descriptions, catalogs, etc. are possible to due technical or model changes.
7.) General Limitation of Liability
The seller liability is solely determined in the previous section by the reached agreements. Claims for damages from the buyer at contract termination breach of contractual obligations and unauthorized use are excluded, unless they are based on intent, gross negligence by the seller or his agents, this limitation of liability applies to the seller. These claims expire 1 / 2 years after receipt of the goods by the buyer
8.) Retention of title
a) The seller is owner of the goods until he receive the whole invoice amount. For goods, which the buyer gets in the course of its business from him, the seller reserves the right to ownership, till all of its claims are paid against the buyer of the business relationship, including future claims arising from simultaneous or subsequent contracts.
This is even true if some or all claims from the seller were added in a current account and the balance were removed and recognized. In breach of important contractual obligations, especially payment arrears, the seller is entitled to take back the goods after a reminder and the buyer is obliged to surrender.
In the withdrawal and the seizure of the item by the seller, unless the Hire Purchase Act is not applicable. A cancellation of the contract applies only if the seller declares this in writing. By seizure or other interventions by third parties, the buyer has to inform the seller by sending a bailiff and an affidavit on the the identity of the seized item shall notify in writing.
b) The buyer is entitled to resell the goods in the ordinary course of business, provided that the receivables from the sale proceed as follows to the seller: The buyer surrenders all claims with all ancillary rights right now, accruing to him from the resale to customers or third parties, and this irrespective of whether the reserved goods are resold without or after agreement. The purchaser is also entitled to collect the debts after assignment. The seller's right to collect the receivables ourselves remains unaffected, but the seller undertakes not to collect the receivables as long as the buyer meets his financial obligations. The seller may require that the buyer gives the assigned receivables and their debtors, provide all necessary information for collection surrender the relevant documents and inform the debtors of the assignment. If the goods where resold with other goods which not belongs to the purchaser's claim against the buyer in the amount of transferred between seller and buyer agreed delivery price.
c) Processing of the goods made for the seller as a manufacturer within the meaning of § 950 BGB without obliging them. The processed goods are considered as reserved goods under these conditions. If the goods are processed or inextricably mixed which other products the seller shall acquire joint ownership of the new item in the invoice value of goods to the invoice value of the other goods used at present for processing or mixing. The resulting co-ownership counts as reserved goods within the meaning of these terms. If the goods were connected or inseparably mixed with other moving objects into a single combination and the other thing is regarded as the main unit. It is agreed that the Buyer has a pro co-ownership to the Seller if the main object belongs to him. The same applies for the processing and mixing of matter as in the subject merchandise.
d) The Seller agrees to that he is entitled to release securities, insofar as their value exceeds the secured claims, provided they have not been paid, by more than 25%.
If a cost estimate is desired before repairs, this must be stated explicitly. The cost for the quotation are, as far as between seller and buyer a current business relationship is subject to these terms and conditions, to be paid when the repair will not be effected.
Whether a repair takes place on their own or other workshop is at the discretion of the seller. You will find shall apply on the seller's liability, the provisions of paragraphs 6 and 7. Costs for freight and packing will be charged to the buyer. Repair bills are due immediately.
10.) Performance and Jurisdiction
Performance and exclusive jurisdiction for deliveries and payments (including check complaints and bills of exchange) and any dispute arising between the parties, unless the purchaser is a merchant, a legal person or public law special will take place at the headquarters of the seller. However we are entitled to sue the purchaser at his own venue. The relations between the contracting parties shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the Hague Sales Convention.