Valid since June 2008 onward

4. In case no fixed prices have been agreed on, the prices which apply for goods and services on the date of dispatch are decisive. These prices are ex works, excluding packaging and freight costs, plus value-added tax at the statutory rate which applies at the relevant time.

5. In the absence of an agreement to the contrary, the purchase price must be paid in cash in German currency without deduction. Invoices for small parts, repairs and installation are payable immediately in cash without deduction. Retention of payment because of complaints or counterclaims of the customer and also offsetting are excluded. This also applies, if as the result of force majeure or circumstances outside our control, objects sold cannot be delivered, installed or commissioned. Lapsed payments must be made even if follow-up work on the equipment supplied proves necessary, regardless of weather this takes place in the context of guarantee services or as the result of supplies not yet delivered. If a customer is in arrears with payment, he is not entitled to make guarantee claims.

6. In the case of payment by bill of exchange, the following applies:

a) The right to accept or reject bills of exchange is reserved to us;
b) Cash discounts are excluded;
c) The debitor bears all expenses for bills of exchange;
d) Reserving due payment credit notes are provided with the value date, at which the counter-value is available to us.

12. The risk passes to the customer at the latest after loading of the goods ex works. This applies even if partial deliveries are made or the supplier has undertaken other costs or services, e.g. dispatch costs or carriage and erection.

13. At the express request of the customer, the consignment is insured by the supplier at the expense of the customer against theft, breakage, damage in transit, fire and water damage.

14. If dispatch is delayed because of circumstances attributable to the customer, the risk passes to the customer on the date of readiness for dispatch; the supplier is, however, obligated on request by the customer to arrange at the expense of the customer any insurance demanded by the customer.

33. Contractual agreements take precedence over the General Terms and Conditions of Sale and Delivery, in case these vary from the latter.

34. The law of the Federal Republic of Germany applies. The place of fulfilment for both parties is Willich.

35. If claims are pursued through court debt-collection procedures or both parties are registered fully qualified traders or a party does not have a general place of jurisdiction in Germany or a party moves from Germany to a foreign country after the contract is entered into or if the place of residence is not known when the action is filed, the place of jurisdiction for both parties is Willich.

36. If any of the above provisions should be invalid, this does not impair the validity of the remaining provisions. Any of the invalid provisions are to be replaced in accordance with the sense of the other provisions.

37. Contracts for goods and services are entered into exclusively in accordance with these Terms and Conditions. Contradictory purchasing terms and conditions of the customer are not binding for us even if we fail to object against them explicitly. Verbal, telegraphic and telephone agreements are not binding unless confirmed by us in writing.

Our General Terms and Conditions of Sale and Delivery have been adjusted and are valid in their new form since June 2008.
 

Our General Terms and Conditions of Sale and Delivery as pdf-file
(print version)