General Terms and Conditions

1. Orders

Verbal arrangements are only binding after our written confirmation or when we follow them by delivering goods.

Deviations from our conditions – especially conditions of the buyer - thereof are subject to prior written approval.

Our offers are non-binding. Samples are average designs and not binding.

2. Calculation

Calculation follows the prices valid at the date of delivery, freight collect EXW, excluding packing costs, insofar as not agreed and signed differently.

(Decisive is the weight determined at the factory.) Insofar as agreed bulk prices apply (quantities), the price will be calculated with regard to the actual delivered quantities, independent from the originally offered bulk prices.

3. Payment

Our prices are ex works without packing costs, if not agreed differently in the order confirmation. Our prices are excl. VAT.

Agreed early payment discounts that are mentioned on the invoice, are only applicable when the payment is made within the agreed discount period (starting on the date of the invoice) and only if there are no other outstanding invoices. Agreed and confirmed net prices payment is due within 8 days from the date of the invoice. Special agreements are only valid with written agreement.

In the case of payments by bill of exchange or check, discount and bank charges shall be borne by the buyer. We do not assume any liability for timely presentation or protest. Offsetting against our claims and the right of retention are excluded. If the payment deadline is exceeded, the bank debit interest has to be paid.

4. Delivery and approval

Delivery times and deadlines, which have not been agreed as explicit binding, are just a non-binding information. The indicated delivery time starts after all technical details were settled.

Delivery responsibility as well as deadlines are not applicable when any invoices are overdue. In doubt regarding the buyer’s solvency we might ask for further securities before any further fulfilments.

Operational disruptions, shortages of staff, coal or raw materials, strikes, traffic disruptions and orders of higher authorities as well as other cases of force majeure shall release us from the obligation to deliver for the duration of the disruption and to the extent of its effect. They also entitle us to withdraw from the contract in whole or in part.

Should the buyer withdraw indemnity payment is due in any case. 20% of the purchase price shall be due. This does not exclude the claim for further damages. If the purchaser is in default of acceptance, we are entitled to demand compensation for the resulting damage and any additional expenses

5. Shipping

All shippings take place at risk of the buyer. The choice of way and kind of delivery is ours. The buyer’s wishes are to be considered if possible.

6. Warranty

We do not assume any warranty for suitability for use, as we have no influence on the processing. Our installation instructions are provided to the best of our knowledge and correspond to the current state of the art (tests and experience). Liability from this is excluded.

The buyer is obliged to inspect the goods immediately after delivery, but in any case before processing. Notices of defects are to be asserted immediately. Notices of defects received by us after resale, after processing or later cannot be considered.

7. Reservation of title

Our goods shall not become the property of the buyer until the buyer has settled all his liabilities arising from the mutual business relations. The buyer must inform us immediately if third parties wish to establish or claim a right to the goods subject to reservation of title. In case of processing of the reserved goods, the acquisition of ownership according to § 950 BGB, is excluded. The buyer can demand the transfer of the property, as far as the value of our demand is secured by the reservation of proprietary rights by more than 20%.

For all illustrations, calculations, drawings, as well as other documents, we reserve our property rights, copyrights, as well as other protective rights. The buyer may only pass these on to third parties with our written consent, regardless of whether we have marked them as confidential.

8. Changes of these conditions require the written form. The invalidity of individual conditions shall not affect the validity of the remaining conditions.

9. Place of performance and jurisdiction

For both parties the place of performance and jurisdiction is Bocholt.