General Terms and Conditions of Sale, Delivery, and Payment
1. Conclusion of Contract
A binding obligation to deliver arises only after the order has been confirmed in writing. Until then, our offer is non-binding. Verbal or telephone side agreements or changes require written confirmation to be valid. The buyer’s purchasing conditions that conflict with these terms are not binding unless explicitly confirmed in writing. Technical specifications such as dimensions and weight are non-binding.
2. Price
Unless otherwise agreed in writing, our prices are ex works, free loading onto truck, excluding packaging and transport insurance. The statutory VAT applies at the applicable rate.
3. Payment
Payments are due immediately upon receipt of invoice, in cash or by bank transfer, without any deduction – in any case, before shipment of the machines. Costs for discounting, collection, and any exchange taxes are borne by the buyer. In case of late payment, we reserve the right to charge default interest.
The delivered goods remain our property until full payment has been received. The buyer may not pledge, assign as security, or otherwise transfer the reserved goods without our written consent. Until full payment is made, the buyer must insure the delivered goods against fire, theft, and water damage at his own expense and is liable for accidental loss.
In case of suspension of payment or insolvency proceedings concerning the buyer, all our claims become immediately due. We are entitled to reclaim the goods and may claim compensation for any wear and tear.
4. Delivery Time
Delivery times are approximate and start only after clarification of all details necessary for execution. Delivery is subject to compliance with the agreed payment terms. Traffic or operational disruptions and force majeure entitle us to withdraw from the contract. Claims for damages due to late delivery are excluded.
5. Transfer of Risk
Risk passes to the buyer upon delivery to the carrier, forwarder, or collector, including for deliveries agreed as freight-free. If the buyer fails to collect the goods despite readiness, risk transfers at the latest upon receipt of our collection notice.
6. Warranty
No warranty is provided for used machines, equipment, tools, or devices. Sale is made “as inspected.” If a machine is purchased without inspection, the current delivery condition is accepted.
7. Transport Damage
Transport damage must be reported immediately to the carrier or forwarding company. A representative of the forwarding company must be involved for damage assessment. The supplier and, if applicable, the transport insurance must also be informed without delay.
8. Default of Acceptance and Storage Costs
If the buyer fails to accept the goods, we are entitled to store the goods at the buyer’s cost and risk. A minimum storage fee of €200 per calendar month started will be charged. After the unsuccessful expiration of a collection period of 14 days set by us, we are entitled to withdraw from the contract and sell the goods elsewhere. The buyer is liable for any resulting loss, at least for the agreed storage costs until disposal.
9. Complaints
Visible defects, including completeness, must be reported in writing no later than one week after receipt. Later complaints cannot be considered.
10. Withdrawal
If justified doubts arise regarding the buyer’s ability to pay after order acceptance, we are entitled to withdraw from the contract wholly or partially.
11. Buyer’s Breach of Contract
If the buyer culpably breaches the contract (e.g., by failing to accept the goods), we may claim damages amounting to 10% of the purchase price. The buyer may prove that the damage was lower.
12. Jurisdiction and Place of Performance
The place of jurisdiction and performance for all disputes arising from the contractual relationship is Düsseldorf, Germany. German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13. Severability
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
