Terms & Conditions
Terms and Conditions
The following sales, delivery and payment conditions apply to all business relations with our contract partners. Purchasing conditions of the buyer have no validity for us even without express rejection.
2. Offer and order
Our offers are free. Intermediate sales are reserved. Delivery orders which have been issued to us are irrevocable and shall only be deemed to have been accepted with written or e-mail confirmation or invoice allocation. Verbal ancillary agreements and subsequent amendments to the contract are only binding if this is agreed in writing. The same applies to all technical data and descriptions as well as information on condition, fixed and loose accessories. In principle, the cancellation of orders is excluded. If, exceptionally, the customer is asked to cancel the order, the purchaser must reimburse the incurred expenses and the lost profits.
Our prices are ex stock or factory. They are understood without packaging, freight, postage, insurance or other expenses. The value-added tax is also calculated at the applicable rate.
4. Supplier and customer protection
If machines are not offered by us from the warehouse and the location is proven or disclosed to the buyer and the address, the offerer undertakes not to pass on the address to third parties and neither to purchase the proven machine other than via our company As he undertakes to conduct any price negotiations and final negotiations only by us. In the opposite case, the offer recipient shall reimburse the profit lost to us in the amount of the difference between our proven purchase price and the offer price.
5. Shipment / Transfer of Risk
The dispatch is at the risk of the customer. When dispatching from the respective location, the risk is transferred to the customer even if freight-free delivery has been agreed or the supplier has also taken other services, eg the shipping costs or delivery and installation. The loading process at the delivery location is part of the shipping. We are not liable for transport damage. The purchaser has the right to check the packaging or fastening and / or to carry out the work himself before dispatching the goods. In the case of a delay in dispatch for reasons for which the customer is responsible, the risk shall pass to the purchaser from the date of dispatch.
Reversal of our suppliers, force majeure, destruction, damage or confusion of the purchased item release us from the delivery obligation. Claims for damages due to non-delivery and exceeding the delivery time are excluded against us. If the delivery of the goods is agreed upon, and the return transport is carried out on the account of the purchaser, the machine shall be delivered and accepted as conditionally after expiry of the agreed probation period. Immediately after the trial period, the full purchase price is payable and payable. Any repairs, changes, etc. shall be borne exclusively by the Purchaser. If the machine is not accepted, this must be communicated one day before the expiry of the trial period and the machine must be insured on the first day after the end of the trial period and returned freight free. We shall not be obliged to make a replacement delivery upon redemption.
6. Terms of payment
Payments are, unless expressly agreed otherwise, before collection cash and without deduction. Checks are accepted by arrangement. Offsetting against any claims and the objection of a right of retention are excluded. If, exceptionally, a partial payment or payment is agreed upon after the delivery of the machine, then any complaints shall not entitle the purchaser to reduce or retain the agreed purchase price. If the goods are not collected within a reasonable period, the purchase price including VAT will be charged. At the latest 30 days after the date of the invoice. In the event of late payment, interest of 8% above the base interest rate will be charged from the date of maturity without formal formal notice being required. In the case of payment in foreign currency, the obligation to pay is deemed to be fulfilled only if the supplier has received the full EUR amount at his free disposal.
7. Reservation of title
All purchased items remain our unrestricted property until full coverage of all liabilities resulting from the purchase contract. The purchaser is obliged to ensure that the machines and accessories are adequately insured against all dangers, to keep them in a proper condition and to carry out any necessary repairs up to the full payment of the purchase price. As long as our property continues to exist, the object of purchase may not be sold, transferred, or loaded with the rights of third parties. In the case of resale, the extended reservation of title applies.
Used machinery and equipment are sold by us in the state in which they are located. Accessories are provided only if available. Used machines are accepted as approved and approved as soon as they have been inspected, picked up, or unloaded, with the exception of any liability for defects and damages. The buyer has the right to inspect and inspect the goods before conclusion of the contract. If he makes use of this right, for whatever reason, only partial or no use, he recognizes the condition of the goods unseen. Subsequent complaints can not be accepted. If, in special cases, cracking and breakage are guaranteed, this warranty applies only to breaks which exclude the useability. For defects in parts subject to wear, such as gears, bushings, levers, tubs, etc., no guarantee is assumed, even with a guaranteed crack and break freeness. Welded and sealed machines are considered to be free of breakages.
9. Place of Performance
Place of performance and court of jurisdiction, also for future claims from the business connection as well as for complaints in the exchange and certificate process, is Hagen. The law of the Federal Republic of Germany shall apply exclusively.
10. Liability of the contract
These conditions are the basis for all offers and purchase agreements and form an essential part of a purchase agreement concluded, unless the terms of the order confirmation have been agreed upon and confirmed by us in writing. The effectiveness of a concluded contract is not affected by the fact that individual terms of contract are ineffective.