Terms of Payment

 

 

Contract conclusions

 

An obligation to deliver exists only after the order has been confirmed in writing; until this time, the Supplier's offer is not binding. Oral or telephone collateral agreements or amendments require written confirmation to be effective. If the customer has purchasing regulations which contradict our "General Terms and Conditions of Sale, Delivery and Payment", these are not binding for us. Exceptions always require written confirmation. Technical specifications such as mass and weight are not binding.
 
Price

 

Unless otherwise agreed in writing, our prices are quoted ex warehouse FREE loaded truck, excluding packaging and transport insurance. The statutory value added tax is added to the prices at the respective valid rate.
 
Payment

 

Payments are to be made immediately upon receipt of invoice in cash or by bank transfer, without deduction. Otherwise in any case before loading of the machines. Bills of exchange will only be accepted by express agreement. The costs of discounting, collection and possible bill of exchange tax shall be borne by the customer. We reserve the right to charge interest on late payments. The delivered goods remain our property until full payment has been received. The goods may not be pledged or transferred by way of security without our written consent. As long as the delivered item is not fully paid, the customer is obliged to insure the delivered goods against fire, theft and water damage. He is also liable for accidental loss.

 

In case of suspension of payment or bankruptcy, our entire claim is due. The supplier is entitled to take back the goods. In this case, compensation must be paid for wear and tear.

 

Delivery

 

The delivery times are considered approximate. The delivery time begins after clarification of all details which are necessary for the execution.

Delivery is subject in particular to compliance with the terms of payment. Traffic and operational disturbances as well as cases of force majeure entitle us to withdraw from the contract. Claims for damages on the part of the customer are excluded for delayed deliveries.

 
Transfer of Risk

 

With the handover the risk is transferred to the forwarding agent, carrier or collector. This also applies to any agreed freight-free delivery. We will take out transport and transport insurance at the customer's request in his name and at his expense.
 
Guarantee

 

No warranty is given for used machines, plants, tools and devices. The sale takes place in the condition as inspected. If a machine is sold without inspection, the delivery condition is accepted.

 

Damage in transit

 

Transport damage must be reported to the carrier or immediately to the forwarding agent. An authorized representative of the forwarding agency must be consulted to determine the damage. The supplier and, if applicable, the transport insurance must also be notified immediately.

 

Complaints

 

Recognizable defects in the delivery, also with regard to completeness, must be reported within one week of receipt at the latest. Complaints received later cannot be considered.
 
Legal venue and place of performance

 

For all disputes arising from the contractual relationship, including actions on bills of exchange, legal action shall be taken at the court in Düsseldorf. The place of jurisdiction and performance is Düsseldorf.

 

Resignation

 

If, after acceptance of the order, justified doubts arise as to the solvency of the customer, we shall be entitled to withdraw from the contract in whole or in part.

 

Retention of title

 

The delivered goods remain our property until full payment has been made, in the case of cheques and bills of exchange until they have been fully honoured. The buyer is liable for the loss and damage of the reserved goods, even if he is not at fault or in case of force majeure. If the payment obligations are not met, the buyer is obliged to return the goods. In this context, the buyer is allowed to enter the premises. The delivered reserved goods may not be pledged, lent or otherwise surrendered until full payment has been made.

 

Binding nature of the delivery conditions

 

The general terms and conditions of sale and delivery shall be deemed to have been accepted when an order is placed. Deviating conditions require written confirmation. If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected. In the event of a breach of contract, the buyer must pay a discount of 10% of the purchase price.
 

 

 

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