General terms and conditions
1. The following conditions apply exclusively to our deliveries and services. Deviating conditions, including those of the customer, are only binding for us if we have expressly acknowledged them in writing.
2. The conditions apply to the entire current and future business relationship.
II. Conclusion of contract
1. Our offers are generally valid for 4 weeks from the date of the offer. The documents belonging to the offers, such as illustrations, drawings, weight or dimensions or other technical data as well as referenced DIN or other company or inter-company standards only identify the subject matter of the contract and do not represent any guarantee of properties.
2. Our written order confirmation is decisive for the content and scope of the contract. Subsidiary agreements or supplements within the framework of this or future contracts require our written confirmation.
3. The prices are ex works excluding packaging and value added tax – unless expressly stated.
III. Delivery and acceptance conditions
1. We are entitled to make partial deliveries. Usable partial deliveries are to be accepted by the customer, even if they show insignificant distances.
2. A corresponding partial invoice amount is due upon receipt of a partial order.
3. The lapse of certain delivery times does not release the customer from setting a reasonable grace period for the provision of the service.
4. Deadlines or deadlines are always approximate unless special agreements have been made in writing in individual cases. If the period determined by the approximate deadlines and dates is exceeded, the customer is entitled to withdraw from the contract after a reasonable grace period of at least eight working days to be set for us. The same applies to bindingly agreed deadlines or dates.
IV. Terms of payment
1. Invoices are payable in the contract currency in cash without deduction within 30 days of the invoice date, unless otherwise agreed in writing in individual cases. Bills of exchange will not be accepted.
2. In the event of default, default interest will be charged in the amount of the bank loan interest charged to us, but at least 3% above the discount rate of the Deutsche Bundesbank.
3. Offsetting against our claims is only permissible if the customer can offset against an undisputed or legally established claim.
V. Delivery of blanks or semi-finished products
1. If semi-finished products are to be delivered in different transport containers or in different packaging than they were delivered, the customer must provide a sufficient number of suitable transport containers upon delivery.
2. A current drawing must be attached to the delivery note with each delivery of parts. The revision status of the drawing should be noted on the delivery note. Dimensional restrictions specified on the delivery note can only be taken into account during processing if they are also noted in the accompanying drawing.
3. We are not obliged to carry out an incoming goods inspection on the parts delivered by the customer for further processing, unless this is expressly contractually agreed.
4. Defects discovered in parts will be reported to the customer immediately by means of a complaint report and the customer will have to wait for a decision on the further treatment/use of the parts.
5. If the transport containers delivered by the customer with the parts are damaged, dirty or unsuitable, we assume no liability for any damage that may result to parts during handling, storage and transport or for any improper processing of the parts.< br /> 6. If customer parts are delivered to our incoming goods department as bulk goods, we assume no liability for any damage discovered during incoming goods inspection after delivery to the customer, which indicates improper handling, storage and transport.
VI. Shipping and packaging
1. Packaging and shipping - even partial deliveries are made at the expense of the customer.
2. The risk of accidental loss passes to the customer when the goods are handed over to the person responsible for transport, but at the latest when they leave our company.
VII. Warranty and Liability
1. The warranty period is 6 months after the transfer of risk.
2. Obvious defects can only be asserted in writing 14 days after receipt of the goods. Hidden defects must be reported immediately after discovery.
3. If the delivery is proven and recognized by us as defective, we reserve the right to rectify the defect or - if this is not possible - to the exclusion of other warranty claims by the customer, subsequent deliveries against return of the defective workpieces/components within the warranty period.
4. We are not liable for lost profits. Otherwise, in the event of simple negligence, any liability on our part for violations of essential contractual obligations is limited to a cumulative maximum amount of 100% of the order value and is completely excluded for other violations of obligations.
VIII. Retention of title
1. The delivered goods remain our property until all claims to which we are entitled from the business relationship have been paid in full.
2. The value of our delivery is determined by our delivery price including VAT and without deduction of discount.
3. The customer is entitled to process the reserved goods in the ordinary course of business, provided that he is not in default. Pledges or transfers of security are not permitted.
4. The customer hereby assigns to us as security the full extent of the claims arising from the resale or any other legal reason relating to the goods subject to retention of title. At our request, the customer will disclose the assignment and provide the necessary information and documents.
5. If third parties access the reserved goods, the customer will be informed of our ownership and will notify us immediately. The customer bears the costs and damages.
6. In the event of breach of contract by the buyer - in particular default of payment - we are entitled to take back the reserved goods at the customer's expense or, if necessary, to demand the assignment of the customer's claims for return against third parties.
7. Taking back or pledging the goods subject to retention of title by us does not constitute a withdrawal from the contract, unless the installments law applies.
1. We reject in advance any liability for any damage resulting from the use of our goods, which we have manufactured ourselves and based on our experience.
2. Claims for damages arising from delay, impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded, unless the damage was caused by us or our vicarious agents intentionally or through gross negligence. Furthermore, we are not liable for lost profits. In the event of simple negligence, any liability on our part for violations of essential contractual obligations is limited to a cumulative maximum amount of 100% of the order value and is completely excluded for other violations of obligations.
4. The assignment of claims to which the customer is entitled against us from the business relationship is excluded.
X. Right of withdrawal
1. For circumstances and occurrences that cannot be prevented with the diligence of proper business management, such as force majeure, export and import bans, labor disputes, strikes, lockouts, delays or failure of the delivery of essential raw materials or materials, the contractual obligations of the parties for the duration of the disruption is suspended to the extent of its effect.
2. If the resulting delays exceed a period of six weeks, both contractual partners are entitled to withdraw from the contract with regard to the affected scope of services. There are no other claims.
XI. Invalidity of individual provisions
1. Should one of the above provisions be wholly or partially ineffective, this does not affect the validity of the remaining provision(s) or the contract.
XII. Jurisdiction and place of performance
1. Place of performance for all deliveries and payments and exclusive place of jurisdiction is Weilheim. The same applies if the domicile or habitual abode of the customer is unknown at the time the action is filed.
2. German law applies to the contractual relationship. The application of the uniform law on the international purchase of movable property is excluded.