general sales condition

Guarantee

1. Our quotations are submitted without engagement and are not binding. We are not bound to execute orders placed on the basis of price lists, circulars or general offers sent to our customers.

2. All purchases, sales and mediative transactions are subject to our Terms of Payment and Delivery. Should there be discrepancies between these terms and our contractual partner’s terms of purchase, our terms alone are to apply. Should our contractual partner be unwilling to accept this, an appropriate objection should be expressed immediately. Silence is considered to be equivalent to an acceptance of our conditions.
Our suppliers’ terms of delivery apply in the case of new appliances.

3. Prices are quoted ex object location or warehouse and do not include dismantling, packing, freight, insurance, import costs or any other incidental costs. Dismantling is to be carried out by the customer or at his expense and his own risk. All quotations are subject to prior sale.

4. The object to be sold is to be sold in its present condition, as inspected by the customer. Should some parts still be in operation, the condition of the machine upon shutdown is taken as the basis of the sales contract. Should the customer waive his right to an inspection of the object to be purchased, no liability can be accepted, just as no liability can be accepted for deficiencies which were not immediately apparent or were unknown to us. No guarantee of any kind is accepted.
In the case of new machines, the customer has a right to the repair of any defects. Only after such repair work has failed on at least four occasions does the customer have the right to a replacement object or to a reduction in price, assuming that the defect cannot be removed or that the repair work itself proves to be impossible.

5. In view of the clause concerning prior sale, the location of the object in question can only be disclosed if, at the same time, an inspection appointment within the foreseeable future is arranged. During inspection or negotiations between our suppliers and our customers, the supplier may not quote the price we are charging nor specify the profit we stand to gain. Customer protection applies not only to those objects that we are offering to our customers, but to all those objects being made available by the supplier. After inspection, the supplier is to furnish us immediately with a report on the inspection, the which should contain any desires or reservations expressed by the customer.
The customer safeguards our rights by always referring to us in the course of negotiations and by negotiating prices only with us and not with the supplier. The customer may not pass on the information thus obtained to other interested parties, but rather should refer any such parties directly to us. These rights also extend to any objects the customer may have been made aware of in the course of the inspection. The customer is to report to us on the inspection and any related matters immediately, even if he no longer intends to buy.

6. Delivery and invoicing are to be effected at the prices and according to the terms valid upon the date of dispatch.

7. The goods are transported at the consignee’s own risk, even if delivered on a franco basis. We accept no liability for any loss or damage occurring in transit. At the express request of the consignee, an insurance contract to cover the transportation of the object in question can be concluded on his behalf and at his expense.

8. In the event of Acts of God, or any other unforeseen circumstances affecting us or any of those suppliers who furnish us with the materials necessary for the production of our goods, we are entitled either to withdraw from the contract without being oblieged to undertake to deliver at a later date or to reduce the quantity ordered. Delivery dates are quoted without engagement.

9. We do not assume responsibility for any accidents involving persons, damage to goods or losses of business which may arise as a result of defects or deficiencies in our product. Claims to compensation for damages or to a reimbursement of any expenses incurred on account of deficiencies in an object sold which then lead to an interruption of operation for the customer or a third party are inadmissible.
A charge of gross and negligent breach of contract is excluded from the above restrictions. The evidence required to support such a charge, however, is to be furnished by the party to the contract bringing the charge.

10. Any specifications concerning the condition, dimensions, weight, age etc. of the object in question are given to the best of our knowledge and are not binding.

11. The consignment is to be inspected with business-like care immediately upon arrival. Deficiencies are to be reported in writing within one week of the receipt of the goods. A return of the consignment requires our prior permission and is to be effected at the customer’s expense. For consignments covered by insurance, the terms stipulated by the insurer are to be obtained and adhered to. Repairs may be carrried out only after an estimate has been received and agreed upon by both perties. The consignment is to be inspected with business-like care immediately upon arrival, insofar as assurances deviating from circumstances excluded under the terms of the guarantee have been given.
Goods which are returned to us after defects have been established, and for which a replacement has been provided either at a discount or otherwise, automatically return to our possession.


B) Packing, Loading and Installation

1. Packing and loading are invoiced at cost price.
2. Installation:
Should you require technicians for this purpose, please refer to our separate Installation Terms.


C) Terms of Payment

1. Our sales prices, as well as all quotations, sales and calculations are in Euro.

2. Invoices are payable as follows:
a) For new machines and appliances:
immediately upon receipt of invoice at 2 % cash deduction or within 30 days net cash.

b) For used machines and appliances:
Below EUR 2,500.00 - net cash upon receipt of invoice
Over EUR 2,500.00 - 1/3 with order, 1/3 as soon as the goods are ready for dispatch and the rest net cash upon receipt of the goods and invoice.

c) For export orders: Delivery is effected only after the opening of an irrevocable and confirmed letter of credit.

d) According to terms of payment negotiated with the customer in question.

3. The cash deduction mentioned above is granted only on condition that all other outstanding obligations arising from earlier transactions have been settled in full.

4. If payment is not remitted by the date specified, we are entitled to charge interest for the duration of the delay.

5. The date upon which payment is received is the date upon which the amount in question is in our hands or is credited to our account. The customer assumes all the risks involved in the means of payment selected.

6. Cheques are regarded as cash payment for the abovementioned purpose only if they are received early enough to be negotiated by the last date upon which a cash deduction is applicable.

7. We reserve the right to carry out a credit assessment or to revoke credit already granted at any time, including after the acceptance or conclusion of an order.

8. The withholding of payment on the part of a customer or the setting off of our claims against a counterclaim is inadmissible unless our prior written permission has been obtained.

9. A customer’s terms of purchase are binding only if we have expressed our acceptance of these terms in writing.


D) Reservation of Title

The goods delivered remain our unrestricted property until the purchase price (inclusive all interest payments and other costs) has been paid in full. This applies not only to the delivery in question, but to all further deliveries insofar as payment has still not been effected in full. If the goods are mixed or combined with other goods, the customer relinquishes his right to ownership or joint ownership of the mixed product in question and safeguards this right for us with appropriate, business-like care. Provided there has not been a delay in payment, the customer may dispose of our goods in the course of normal business and against an appropriate consideration. He may not pledge the goods nor make them over to another by way of security. Any claims upon third parties arising as a result of the sale of our property are thus transferred to us. At our request, the customer is obliged to disclose our claims to payment to the third party in question. The customer is to inform us immediately of any pledging of the goods or impingement upon our rights on the part of third parties. The claims assigned to us in advance as a result of the extended retention of title on the part of our customer will be released by us to the value of those claim totals exceeding 120 % of the nominal value of the claims against our customer.
Should the customer cease payment before the invoice for the goods delivered has been settled in full, we are entitled, under the terms of Article 46 of the Bankruptcy Ordinance, to the receipt of a consideration of equivalent value insofar as this is possible.


E) Place of Fulfilment and Jurisdiction

Fulda is the place of fulfilment and has jurisdiction in all matters arising out of this contract, even if deliveries are effected from other branches of our company or from other locations.