Terms and conditions of business
1. All sales are subject to the terms and conditions set forth hereinafter and any deviation therefor shall require our written acceptance and approval. Terms and conditions set forth by any ordering party cannot be accepted by us – even if not expressly rejected by us in writing or otherwise.
2. Prices are quoted in EURO – without Value Added TAX – exworks, and without packing. List prices are invoiced as applicable on the date of delivery. All prices without engagement and subject to change.
3. Design, finish, dimensions, weights, illustrations and specification data are, unless specifically confirmed, approximate and subject to change. All rights towards changes of pattern and modification of the production are reserved and may be effected without any specific notice. Our catalogues are protected by copyright, and any reprint and/or partial reproduction shall require our specific written approval.
4. Packing Standards:
Various product items are supplied in standard packages containing fixed quantities. We hereby reserve the right to supply other quantities placed on order in the next higher or lower packaging standard units.
Delivery dates quoted by us are approximate and without engagement. The delivery period commences with the date of our confirmation of order, yet is subject to the settlement of all details of the order, in which case the delivery period will commence with the date such clearance has been obtained.
The delivery period shall be deemed as duly kept once readiness for shipment has been advised, which shall apply in all cases where shipment is impossible due to reasons beyond our control. Partial Shipments: We shall be entitled to effect partial shipments whenever this is in the interest of prompt delivery and we are under-stocked with certain sizes, which will then be shipped as soon as available.
The purchasing party shall not be entitled to reject any such partial shipment as every individual shipment shall be deemed as an original transaction. Subsequent Deliveries: Any product item not on stock or available for short-term supply at the time an order is received, will be held pending by us as an unfilled order until such time that we can effect shipment.
6. Acts of God, strikes, lockouts, catastrophes/disasters, operational breakdowns and shortage of material shall release us from the responsibility for maintaining the delivery period for as long as any of the above events prevail.
7. Shipment and Passing of Risk:
Any and all risks shall pass to the buying party from the moment the goods ordered are accepted by the forwarding agent or carrier for onward handling – or by no later such goods have left the supplier’s works. Routing, means of transport and packaging shall be left to our discretion with exclusion of any and all liability unless specific shipping instructions have been set forth.
8. Retention of Title
The goods supplied by us shall remain our property for as long as we still have unsettled claims originating from the commercial relations with the buying party. The buying party shall be entitled to use our goods – being our property in accordance with the aforesaid – in the course of proper and acceptable business transactions provided the buying party is meeting the obligations, arising from the commercial relations with us, in due time. The buying party shall not, however, be entitled to pledge or assign the privileged goods as security for a debt. The buying party is engaged to safeguard our rights and title in the case of the resale of the privileged goods, if such resale is not performed against cash payment. In the event of the buying party defaulting to pay in due time, we shall be entitled to request the temporary return of our goods, which still represent our property, without going to the extent of exercising the right to withdraw and to fix a final deadline at the expense of the buying party provided such measure does not unduly interfere with the production activities in the operating facility of the buying party.
9. Deficiency Claims and Warranty:
Deficiencies, which also include the obscene of warranted quality, are covered by our liability as follows: The ordering party is held to inspect the goods immediately after receipt for deficiencies and the absence of the warranted quality features. Apparent defects must be reported within ten (10) days, and hidden defects must be reported in writing immediately upon discovery. Goods proved to be unserviceable or showing defects likely to extensively impair their serviceability due to circumstances having occurred prior to passing of the risk, will be replaced or reworked by us at our option. We extend the same warranty cover to replacements and reworked items as is applicable to the original delivery time. The warranty period for replacement items is the same as for new delivery items. In the event that we have failed to provide a replacement or to perform rework within a reasonable extension granted on the original term, the ordering party shall have the right of withdrawal. No liability is accepted by us for subsequent damage due to circumstances beyond our control, namely: Unsuitable or improper use, incorrect assembly, installation and/or stratup by the receiving or production equipment and facilities, chemical, electrochemical and/or electric influences.
No liability is accepted by us for the subsequent results of improper changes modifications and/or repair work performed by the receiving or any third party without our express approval.
10.Place of performance and jurisdiction for all mutual claims shall be Krefeld, Germany.