The prices at the day of distibution are effective, unless there has been made an additional agreement through order or order-confirmation. Our list prices do not include VAT.
The VAT will be added to the goods value at the invoice.
We do not charge for light packaging materials but do charge for materials which are stable in value, especially sea-proof materials or specially requested materials.
We try to keep to the schedule which we have fixed as much as possible. Should the delivery time be passed, the customer is commited to allow a delivery at a adquately later date. After such a delivery at a later date has passed, the customer has the right to cancel the contract within the legal boundaries. Further claims of the customer, especially for compensation, in case of passing the delivery time, do not exist.
The distribution takes place at the customers own risk in all cases.
All goods will be insured at sales value, unless the customer emphasizes that such an insurance should not ensue.
We offer the following choice:
a) Payment within 30 days of invoice-date (Delivery Date)
b) or within 14 days of invoice-date with 2% discount
In the under a) and b) given credit periods there are 3 days for transportation included already. Deadlines are understood as having been met as soon as the money has been recieved by us. After 30 days past the invoice date the customer falls into arreas with the payment without this necessitating a reminder, unless the customer proves that the delivery was just as late.
The delay in payment allows us to charge 4% more interest than the minimum lending rate of the Bundesbank, from the date of delay. Accumulating reminder-costs have to be paid by the customer, we are entitled to charge EURO 2.00 for the first reminer, EURO 4.00 for the second reminder and EURO 6.00 for the third reminder.
The delivered goods do stay in our exclusive possession until the entire payment has been made, this includes instalments as well.
As payment the incoming money is understood. In case of payment by cheque or exchange the payment is understood as valid, when the amount of money has been credited unconditionally to our account.
In case of access by 3rd. parties to goods delivered by us, which fall under the reservation of proprietary rights, this has to be reported by sending immediately the seizure-report to us. In case of re-disposal of goods, which fall under the reservation of proprietary rights, the customer hands over already in advance any claims towards the purchaser, to us.
We only grant a guarantee under the conditions that a complaint, in case of obvious faults within 8 days after delivery and in case of not obvious faults immediately after recognizing, is being reported to us in writing. In case of a justifiable complaint we guarantee improvement or delivery at our choice. If this should not be posssible the customer is entitled, within the legal boundaries, to demand alteration or reduction. Further claims do not exist, unless the goods do not show the in writing guaranteed features.
Place of guarantee is Hilden.
Unforeseen occurrences such as: acst of God, war, official measures, breakdown, fire, lack of resources and other circumstances for which we cannot be made responsible, release us from any delivery obligation. In case of such an announcement we will inform our customers immediately. Compensation for the customer does not exist in this case.
If we get information about financial difficulties of our customer, we are entitled to demand surety. If this is not granted, we are entitled to cancel the contract.
If the customer does not take the ordered goods at the agreed date, he loses his right for further deliveries. In this case we are entitled to claim 10% expense allowance of the order-value. We reserve the right for further compensations, especially for special models, for ourself.
We do not accept return deliveries without our previous agreement.
Special models are excluded from return deliveries.
Place of payment and court of jurisdiction is Mettmann.
If one of the regulations in this Delivery- and Payment-Conditions becomes ineffective, the effectiveness of the other regulations is not beeing touched.