GENERAL TERMS AND CONDITIONS 09 / 2007
01. Our orders are subject to the following terms and conditions, which are deemed accepted by the acceptance of the order or the execution of the delivery. Conditions of our business partners, which are not expressly recognized by us in writing, are not valid.
02. Our orders and verbal and telephone purchase agreements are only valid if they are issued or confirmed by us by fax or in writing.
03. Drawings, designs, samples, manufacturer's instructions, etc., which we submit for tender or performance of an order, remain our property and may not be used, duplicated or made available to third parties without our express written consent.
04. The supplier must immediately confirm the order in writing, but no later than 5 working days after receipt. Otherwise we are not bound to our order.
In the event of changes in our requirements, we are entitled to adjust order quantities and delivery dates accordingly.
05. In correspondence, order confirmations, dispatch notes, delivery notes and invoices, our order numbers and symbols are to be repeated in full and the goods items are to be provided with information on quantities and weights. Dispatch notes and delivery notes are to be enclosed with the shipment, invoices only to be sent by post. Failure to comply with these regulations extends the discount and payment periods accordingly
06. Delivery dates must be adhered to punctually. If delivery is not made punctually, we are entitled, after an unspecified grant of a grace period, to cover at the expense of the supplier or to withdraw from the contract. The assertion of any further damage remains unaffected.
If, after placing the order, there is a material risk to our delivery claim, or if the risk has already occurred prior to placing the order, but we only become aware of it after the order has been placed, we can demand premature delivery within a reasonable period. The partner must pay for the delivery dates on the basis of the delivery date.
07. The delivery must be made free of our branch and including packaging as well as at the risk of the supplier, unless otherwise agreed in writing.
08. Upon request, the contractual partner grants us access to his quality records and / or makes them available at our discretion.
09. Orders are subject to the condition that any objections to the goods due to defects of any kind shall be deemed to have been levied in time, if they are reported as soon as possible in the ordinary course of business, ie after they have shown in attack or during processing of the goods. The provisions according to §§ 377, 378 HGB do not apply. The warranty period is 3 years after receipt of the goods.
We are entitled to demand rectification of defects or immediate replacement delivery of faultless goods at our discretion.
In urgent cases, in particular to avert acute dangers or to avoid excessive damage, we are entitled to eliminate identified defects ourselves at the expense of the supplier.
Further claims, in particular claims for rescission, reduction in price or compensation for damages, remain unaffected.
10. All events of force majeure with us or our customers, in particular official interventions, natural disasters or labor disputes entitle us to postpone the fulfillment of accepted acceptance obligations and / or to withdraw from the contract in whole or in part without any claims for damages being made to us.
11. We make payments on the 15th of the following month with a 3% discount or alternatively within 60 days net with the means of payment of our choice. The deadlines begin with the receipt of goods and invoices in full and free of complaints.
In the case of payment of own or customer acceptance, we only pay for the respective central bank discount rate.
12. Delivery contracts concluded with us as well as counterclaims for payment may not be transferred to third parties in whole or in part without our express consent.
13. Prices are to be stated in € (EURO).
14. For all legal disputes, also in the context of a bill of exchange or check process, our place of business is place of jurisdiction, if the partner is a full merchant. We are also entitled to sue at the partner's location.
15. The contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG - "Vienna Sales Convention") is excluded.
Velbert, the 01.09.2007 Asc.NORM + DREH GmbH