Terms of sale and delivery
The offers made by the vendor are free in all cases, delivery and charging are performed in accordance with the terms and prices applicable at the time of delivery. Increase or reduced quantity of supply up to a level of ±10 % of the quantity confirmed is standard procedure and is exclusively a matter of discretion of the vendor. The vendor has the right to decide on delivery details, an obligation to deliver in accordance with the delivery deadlines agreed is only valid in the case of the smooth and trouble-free performance of all associated work procedures, both with regard to the vendor and with regard to the vendor's suppliers. The vendor is not responsible for delays due to "forces majeures" or transport problems. Nonobservance of the delivery deadlines confirmed does not entitle the purchaser to demand compensation or cancel the contract.
B. Terms of payment
30 days net or 3% discount between 14 days after the date of invoice.. Payment by means of bill of exchange is only allowed with the explicit prior authorization of the vendor, discount fees are always payable by the purchaser. In the case of delays in payment, interest payments amounting to 2% above the discount rate charged by the central regional bank (Landeszentralbank) are due. Form tools manufactured by the vendor or a third party, are payable net without discount immediately after receipt of the outturn sample.
C. Reservation of ownership
The vendor reserves the right of ownership of all goods supplied until such time as payment of all outstanding amounts has been performed. The goods may not be transferred to the ownership of a third party by way of security or mortgage.
D. Terms of warranty
The goods delivered should be inspected immediately after receipt to ensure completeness of delivery and, if possible, to identify any possible defects. Any complaints must be made in writing within 8 days of receipt of the goods in question. Should the complaint be justified, then free replacement of same will be performed providing the goods in question are returned in the same condition as when they were supplied by the vendor or his or her suppliers. Further potential compensation claims will not be accepted, even if the purchaser has a stake in the production of the form tools involved. The functioning and durability of gaskets depend to a large extent on the way in which are fitted, a factor over which the manufacturer has no influence. This is the reason why we can only guarantee the perfect quality of our material. All technical details have been stipulated to the best of our knowledge and in good faith; however they do not constitute a warranty of any sort. We reserve the right to make any technical modifications we deem necessary.
Form tools, which are being manufactured by the vendor or by a third party on the vendor's behalf and the costs of which are payable by same, are and remain principally property of the vendor or the third party in question and can be used for other purposes at any time, even if down payment has been made and subsequent instalment payments are to follow. Once the purchaser has paid all the costs due in connection with the form tools, then the form tools still remain the property of the vendor, but are used exclusively for orders placed by the purchaser in question. However, if the purchaser only pays partial costs, then the right to use the tools in question for other purposes remains principally with the vendor. The obligation of safekeeping of the tools is no longer given, if the ordering party does not place any further, tool-related orders within 2 years of the last delivery. Possession of the form tools does not oblige the vendor to accept follow-on orders; prices agreed for one delivery do not necessarily apply to subsequent orders. In cases where the supplier should supply articles based on drawings, models or samples provided by the ordering party, then the ordering party must guarantee, on behalf of the vendor, that no copyrights owned by a third party are violated by the manufacture and delivery of the articles in question; should this not be the case, the ordering party is then responsible for all claims for damages submitted by the third party in question and must reimburse the vendor with all costs incurred and still to be incurred. The places of fulfilment and jurisdiction in connection with all obligations undertaken by both parties are constituted by the location of the vendor's premises and/or his or her court of jurisdiction.