Terms of sale and
Our offers are without obligation. The contract only comes into effect upon our order confirmation or order execution.
All divergences from these terms of sale require our express approval in writing.
Should we generally reduce or raise our prices in the time between contract conclusion and delivery, the price valid on the day of delivery shall apply. In the event of a price increase, the buyer has the right to withdraw from the contract within 14 days of the notification of the price increase.
Divergences from the product details are permissible provided they are insignificant or unavoidable despite all due care.
We provide application-specific advice to the best of our knowledge based on our research and experience. All data and information on the suitability and use of our merchandise are not binding, however, and do not relieve the buyer from his own inspections and testing. The buyer is responsible for the observance of legal and regulatory regulations concerning the use of our merchandise.
Complaints concerning quality defects, wrong deliveries and divergences in quantity are to be notified in writing within 8 days at the latest upon receipt of the merchandise.
In the case of justified complaints, we shall then deliver the shortfall in supply, credit it or replace the merchandise. Should replacement not be possible or the replacement delivery be faulty, we shall either take back the merchandise or grant a rebate at the buyer’s option.
Wars, strikes, lock-outs, shortages of raw materials or energy, lack of transportation, traffic and operational disruptions, acts of authorities – also insofar as they make the transaction in question uneconomical in the foreseeable future and in the long term – and any other cases of force majeure, also on the part of our suppliers, free us from the obligation of delivery for the duration of the disruptions and to the extent of their consequences. Such events entitle us to withdraw from the contract in part or in full without the buyer having the right to damages.
Claims from delay in delivery may be asserted by the principal only after the setting of a reasonable period of grace in writing. Damages for delay in delivery may be asserted in the case of intent or gross negligence on the part of the contractor, however, only up to the value of the order. This provision applies accordingly to the legal representatives or agents of the contractor. Compensation for indirect damages, e.g., for loss of profit or hedge buying is excluded.
Delivery of our merchandise is only made in standard packages.
The risk is transferred to the buyer as soon as the merchandise has been taken over by the transport company or has left our plant or warehouse. This also applies when we bear the transport costs. Complaints due to damages in transit are to be claimed directly by the buyer from the transport company within the particular deadlines specified. The conclusion of transport and other insurances is the responsibility of the buyer.
Set-offs against other uncontested or final and absolute counterclaims and also the exercise of rights to withhold performance and to retention against purchase-price claims require our agreement.
In cases of justified doubt regarding the solvency of the buyer, in particular in arrears of payment and subject to on-going claims, we may request advance payments or securities for further deliveries and also revoke periods of payment granted.
We reserve the right to ownership of the merchandise supplied as long as claims from the current business relationship with the buyer are outstanding.
We also reserve the right to ownership of the merchandise supplied as long as we are entitled to accounts receivable in the future business relationship with the buyer.
The buyer is entitled to dispose of the merchandise owned by us in the regular course of business as long as he honours his commitments in good time in the business relationship with us.
If the buyer is in arrears of payment, we have the right at the expense of the buyer to request the provisional return of merchandise owned by us even without the exercise of the right to terminate the contract and without setting a period of grace.
All claims from the sale of merchandise to which we have rights of ownership are to be assigned to us as of now as security by the buyer to the extent of our ownership interest in the merchandise sold.
The buyer may not make any agreements with his customer which could exclude or affect the rights of the vendor in any manner. In particular, the buyer may not enter agreements which annul the prior assignment of the claims to the vendor.
At our request, the buyer is required to give all the necessary information on stocks of merchandise owned by us and on the claims assigned to us in accordance with Section 10.4 and to inform his customers of the assignment of the accounts.
Should the value of the securities exceed our claims by more than 25 percent and at the request of the buyer, we will release securities to such an extent at our choice.
Place of performance for payments by the buyer is D – 55234 Erbes-Büdesheim.
D – 55232 Alzey is agreed as the place of jurisdiction in the event that our contractual partner is a registered trader, a corporate body under public law or a special fund under public law, the purchaser has no general place of jurisdiction within this country, claims are asserted by a collection procedure or the contractual partner to be pursued in litigation has transferred his domicile or usual place of residence outside the territory covered by the Code of Civil Procedure after the conclusion of the contract or his domicile or usual place of residence is unknown at the time of the filing of the action.