Terms of service
General sales, delivery and payment conditions
Our terms of delivery and payment apply to all orders for the duration of the business relationship. The inclusion of external terms and conditions is hereby expressly rejected. Deviating counter-provisions by the buyer are only valid if they have been expressly recognized by us in writing. Should other terms and conditions become part of our contract and put us in a worse position than the following terms and conditions, we are entitled to withdraw within a reasonable period of time.
Orders are only accepted after we have confirmed them in writing or issued an invoice. Our conditions and price lists valid at the time of the order (plus VAT, freight and packaging costs) are decisive, subject to a price increase that becomes necessary for the time of delivery due to price increases of essential preliminary products. Prices only apply as fixed prices if they are stated by us in the order confirmation for a maximum of 4 months.
3. Terms of Delivery
The delivery times stated in the order confirmation are approximate and non-binding for us. Partial deliveries are permitted. All deliveries, including partial deliveries, travel at the customer's risk. Events of force majeure, strikes, shortages of raw materials, breakdowns, war and other circumstances for which we are not responsible entitle us to postpone the execution of the orders in whole or in part, without the buyer being entitled to claims for damages. The risk of accidental loss/deterioration passes when the goods are made available/determined.
Delivery conditions see appendix.
4. Terms of Payment
The prices apply ex works, excluding VAT and packaging. The prices stated in the order confirmation are binding for both parts, if the delivery is made within 4 months. In the case of delivery after the deadline, the prices valid on the day of delivery apply.
Our invoices are payable within 30 days of the invoice date without any deductions in a loss-free cash register. Different terms of payment by agreement. Payments are to be made in euros or the equivalent in the contract currency. If the buyer is in arrears with any payment obligations towards us, all existing claims become due immediately. If the payment deadline is exceeded, we will charge interest on arrears to the extent customary in banking, but at least 8% above the base interest rate. Offsetting against counterclaims or withholding due invoice amounts is only permitted if the claim is undisputed or recognized by us or has been legally established. We are entitled to assign claims from our business relationships. All payments with debt-discharging effect are to be made exclusively to VR FACTORING GmbH, Hauptstraße 131 - 137, 65760 Eschborn. We have transferred our retention of title to VR FACTORING GmbH. You can view and download further details on the data protection regulation at https://www.vr-factoring.de/datenschutz/
5. Retention of Title
The delivered goods remain our property until full payment. The retention of title continues in the event of further processing or resale and encumbrance of the delivered item in such a way that every claim of the customer or buyer against the third party is transferred to us as soon as it arises or is deemed to be assigned to us.
If the goods delivered under retention of title are combined with another item by the client or buyer in such a way that both essential components become a single item, we acquire co-ownership of the new item in proportion to the value (invoice price) of the delivery item. The purchase price claim arising in the event of the resale of the connected item is also subject to assignment in advance in the amount of the value (invoice price) of our co-ownership share to secure our claims.
We and VR FACTORING GmbH are entitled to assert our rights from the retention of title - in particular the taking back of the goods delivered under retention of title - without prior withdrawal from the respective purchase contract.
The client or buyer is obliged to immediately notify agreements with third parties that prevent the transfer of claims. In the event of the resale of the goods delivered under retention of title, he is prohibited from agreeing with the second buyer that the purchase price claim to which he is entitled from the resale is unassignable or may only be assigned with the consent of the second buyer.
The customer or buyer must inform us immediately in the event of an attachment.
The client or buyer bears all costs that we incur as a result of repossessing the reserved property. If we make use of our claim for return, we are entitled, without prejudice to the payment obligation of the customer or buyer, to sell the object of purchase and accessories that we have regained as best as possible by private sale.
Our warranty only applies if obvious defects are reported in writing immediately, at the latest 8 days after receipt of the shipment with sufficient evidence.
A guarantee is given for non-identifiable defects if the defect was reported within 6 months of acceptance.
We are only liable for defects to the extent that we repair or replace all those parts free of charge that have arisen as a result of faulty design or defective workmanship.
Excluded from the warranty are damages that can be traced back to normal wear and tear and overload, misuse, neglect in care and non-observance of the instructions for use.
Our warranty obligation expires if the delivered item has been modified by a third party.
The return for credit or the exchange of defect-free goods requires our consent. We take up to
6 months after the invoice date, only goods in their original packaging can be returned (does not apply to custom-made products). We can charge a 10% processing fee for returning/exchanging goods one month after the invoice date, and 20% after three months.
In the case of justified returns, we ask that you notify us by telephone so that we can commission our return service, which is free of charge for you.
This does not apply to incorrect orders on your part, in which case we will charge the postage costs to your customer account.
8. Performance and Jurisdiction
Place of performance is always our place of business. The place of jurisdiction is Mühlhausen or Frankfurt am Main, at our discretion. We are entitled to choose the general place of jurisdiction. Any legal relationship is subject to German civil and commercial law, excluding the provisions of the UN Sales Convention (CISG).
9. Effectiveness of the Provisions
In the event of the ineffectiveness of individual terms and conditions, the effectiveness of the remaining provisions shall remain unaffected. Instead of the invalid provisions or to fill in an incomplete provision, an appropriate provision shall apply that the parties would have made if they had considered the point when concluding the contract.
10. Data Storage
The data required for the order are electronically stored and processed by us. We assure that all personal information will be treated confidentially and will not be passed on to third parties.