Delivery is carried out exclusively by our delivery and payment conditions. Any other terms of purchase of the buyer are not recognized by the acceptance of his order. By accepting the goods delivered by us the buyer declares his agreement with our conditions.
Prices are subject to change until the day of delivery. Charges are made based on the prices and discounts valid on that day. For wares which require a special order, we reserve the right to reasonable over- or under-delivery. The packaging and delivery costs (including freight and toll fees) will be charged according to actual expenditure.
Delivery times are subject to alteration until the order is accepted - prior sale reserved - and count from the date of the receipt of the order or the final information on the execution. Agreed delivery time, which is approximate without contrary agreements (days understood as working days), are subject to unforeseen events in the production and other obstacles, such as in cases of force majeure, transport delays, breakdowns, claims for damages, in particular default penalties for late delivery are hereby rejected.
Packaging, with the exception of boxes, will be charged at cost and will not be taken back. Crates remain our property. A reasonable amount will be charged for their wear and a further deposit will be charged to secure the return and will be reimbursed if the boxes are returned in reusable condition.
Shipping is at the expense and risk of the recipient, express freight (including ensuing additional costs) and postage fees shall be borne by the purchaser. The choice of shipping method is left to the supplier.
Terms of payment according to order confirmation. The withholding of payments due to any claims of the customer is hereby excluded. If the payment obligations are not fulfilled by the purchaser, the supplier may refuse to rework any defects. Unless otherwise agreed, invoices are payable in cash within 30 days without deduction. If the payment date is exceeded, default interest in the amount of the statutory default interest rate for business-related transactions will be charged from the due date without any special reminder. Damages resulting from a default may be calculated without proof, the usual bank credit charges for uncovered credit, at least 2% above the respective discount rate. The prices are based on the collective wages and other costs known on the day of the offer. If the prices increase later until delivery, the supplier may adjust the price according to the change in the cost base. Deviating from the order confirmation, the supplier may demand advance payments or seizure if, after the order confirmation, unfavorable news or information about the creditworthiness of the purchaser arrives. The customer is liable for a possible monetary devaluation in the period between invoicing and payment fulfillment. This also applies to the chargement of bills of exchange. The acceptance of bills of exchange or checks is not yet considered a payment, but only their cash payment. Discount and bill charges are charged to the buyer, unless otherwise agreed in writing. Representatives are not authorized to accept payments without the power of attorney of the supplier.
Retention of title: Until complete payment, we retain title to all goods delivered by us, whereby all deliveries made on the basis of accepted orders are deemed to be a coherent delivery transaction. For current account the reserved property for our balance claim applies. If our goods are combined by the buyer with other objects to a uniform object, then it is agreed that the customer proportionally transfers co-ownership to us and keeps the object in safekeeping. If the buyer sells the goods delivered by us, he hereby assigns to us all claims arising from the sale of the receivables against his buyer with all ancillary rights until the complete settlement of all our claims from deliveries of goods. At our request, the buyer is obliged to disclose the assignment to the third party purchaser and to provide us with the information required to assert our rights and to hand over documents. The buyer must notify us immediately of a seizure or any other impairment of our rights by third parties. We undertake to release the securities due to us insofar as their value exceeds the claims to be secured by more than 25% in total.
Conclusion of contract: Our sales consultants are not entitled to submit declarations of contract or legal declarations of intent (e.g. change of payment conditions, etc.). A contract is only conluded by our written declaration of acceptance (sending an order confirmation) or factual delivery of the goods.
Place of jurisdiction for shipping and payment is Sulz.
Warranty for our deliveries shall be provided in such a way that within one year after delivery, but at the latest within 15 months counted from the day of delivery, bearings or parts unusable as a result of material or manufacturing defects have been restored or replaced without charge at our discretion. Any other claims for compensation are excluded. No liability is accepted for bearings or parts that experience natural wear and tear within the stated period, or where the wear is caused by contamination or rusting. It is agreed that our liability for damages (and thus our liability) for property damage due to defective products is excluded.
Complaints regarding the quantity and quality of the consignment or defective packaging can only be considered within 14 days after receipt of the goods and only if a notice of defects by registered letter is made on time.
Replacement delivery or credit note can only be made after determination of the duty of replacement by a detailed examination in the factory. For this purpose, rejected goods are to be sent to us at no cost. In case of urgent need, replacement is delivered (delivery cost based on current price) and any pending credite note is effected after determination of duty of replacement.