1. Our offers and deliveries are based on these sales and delivery conditions. Deviations from this and other agreements require our clearly written confirmation.
2. We do not recognize any other so-called purchasing conditions.
II. Offers, orders, order confirmations
1. Our offers are non-binding. Suggested costs, dimensions, weight and performance are only approximate; unless they have been declared binding.
1. The confirmed delivery periods will be adhered to by us as far as possible. Delivery possibility remains reserved. All circumstances which make the delivery or its punctuality completely or partially impossible (mobilization, war, strikes, delays at sub-suppliers despite timely ordering) entitle us to postpone the delivery period in whole or in part; possibly also withdraw from existing contracts in whole or in part, without any claims arising from this on the part of the buyer. In particular, no claims for damages due to late delivery or non-performance.
2. Unless otherwise agreed, partial deliveries are generally permitted.
3. Used parts resulting from repairs will be scrapped unless otherwise agreed.
4. The supplier’s written order confirmation is decisive for the scope of the delivery; in the case of an offer from the supplier with a time commitment and timely acceptance of the offer, unless a timely order confirmation is available. Ancillary work and changes require the written confirmation of the supplier. The supplier reserves the right to make changes and improvements with regard to the construction, the use of materials and the execution, provided that this does not impair the utility value of the delivery item.
1. Shipping is at the expense and risk of the customer, even in the case of postage paid deliveries.
2. The risk of having to pay the agreed price despite loss or confirmation of the item passes to the buyer upon shipment.
1. Unless otherwise agreed, the offered and confirmed prices are always net prices plus the applicable statutory VAT, transport and packaging costs. We reserve the right to change the pricing to adapt to cost developments. All prices are fixed prices. The packaging is non-returnable. Deliveries are made ex works.
VI. terms of payment
1. Unless otherwise agreed in writing, our invoices are due within 8 days with a 2% discount or within 30 days net. Repair invoices are due immediately without deduction. The deduction of 2% is not granted if other claims are overdue or if payment is made with bills of exchange, even if the purchaser reimburses the disposability costs.
2. The supplier is entitled to charge interest on arrears at a rate of 1% above the respective state central bank discount if the payment deadline is exceeded.
3. Incoming payments are first offset against open repair costs, then claims from spare parts deliveries, then against interest and other ancillary charges and finally against the goods subject to retention of title.
4. If payment is made in bills of exchange or own acceptances with our consent, the discount and bill of exchange charges charged by the banks shall be borne by the customer.
5. The offsetting of any counterclaims against our purchase price claim is excluded; except for counterclaims that have been legally established or recognized.
VII. Buyer’s Right of Withdrawal
1. The buyer can withdraw from the contract if the supplier is finally unable to perform the entire service prior to the transfer of risk. The same applies if the supplier is unable to do so.
2. If there is a delay in performance within the meaning of Section III. of the terms of delivery and if the buyer grants the defaulting supplier a reasonable period of grace with the express declaration that he will refuse to accept the services after this period has expired, and if the period of grace is not observed, the buyer is entitled to withdraw.
3. If the impossibility occurs during the delay in acceptance or through the buyer’s fault, the buyer remains obliged to provide consideration.
4. The buyer also has a right of withdrawal if the supplier, through his fault, allows a reasonable period of grace granted him for the repair or replacement delivery with regard to a defect for which he is responsible within the meaning of the delivery conditions to elapse without result. The buyer’s right of withdrawal also exists in the event of the impossibility or inability of the supplier to repair or replace the goods.
5. Excluded are, as far as legally permissible, all other far-reaching claims of the buyer, in particular for rescission, termination or reduction as well as compensation for damages of any kind, including damages that did not occur on the delivery item itself. This document is subject the QM change service.
6. In the event of unforeseen events within the meaning of Section III. of the delivery conditions, insofar as the economic importance or the content of the service changes significantly or has a significant effect on the supplier’s operations, and in the event that execution subsequently turns out to be impossible, the contract will be adjusted appropriately. If this is not economically justifiable, the supplier has the right to withdraw from the contract in whole or in part. Claims for damages by the buyer in this case are excluded. If the supplier wishes to make use of his right of withdrawal, he must notify the buyer immediately after recognizing the scope of the event, even if an extension of the delivery period was initially agreed with the buyer.
VIII. Retention of Title and Security Rights
1. The company Edelstahl Weimar GmbH retains ownership of all delivered goods until the entire claim from the existing business relationship (including all ancillary claims) has been paid in full. Goods delivered under retention of title may not be pledged, assigned as security or sold after payment has been suspended without the express consent of Edelstahl Weimar GmbH. If the goods subject to retention of title are resold, the proceeds generated shall take their place, which may not be disposed of without the consent of Edelstahl Weimar GmbH. If the resale takes place on credit, the resulting purchase price claims are deemed to have been assigned to the company Edelstahl Weimar GmbH from the moment they arise. However, the buyer is authorized to collect the claim until the seller refuses to do so. If the delivered product is combined, mixed or processed, the retention of title extends to the new item (extended retention of title). If the customer defaults on payment or if circumstances become known after the conclusion of the contract which, in the opinion of the company Edelstahl Weimar GmbH, means a significant deterioration in the financial situation or a lack of creditworthiness on the part of the customer, all claims of the seller from the entire business relationship, not even the contributions Cashed bills of exchange and cheques, deferred receivables or invoices not yet due are due for immediate cash payment. In this case, the company Edelstahl Weimar GmbH has the right to demand the immediate delivery of the reserved goods. If you make use of this, there is only a withdrawal from the contract if this is expressly declared in writing. Furthermore, in this case, the company Edelstahl Weimar GmbH is entitled to carry out outstanding services only against advance payment or security deposits and to withdraw from the contract after a reasonable period of time.
IX. default of acceptance
1. The seller can withdraw from the contract and/or demand damages for non-performance if the buyer refuses to accept the goods after a reasonable period of grace has been set for him or has previously expressly or through conclusive action declared that he does not want to accept the goods ordered. If the delay in acceptance lasts longer than one month, the buyer has to pay 1 in 100 of the order price per month without deductions as storage costs. If higher storage costs can be proven, these can be demanded. As compensation for damages due to non-performance in the event of default in acceptance, the seller can demand 25 percent of the net order price plus VAT, unless the buyer can prove that no damage or not in this amount has occurred. Otherwise, the seller reserves the right to assert higher, but proven, damages.
1. The supplying plant or the supplier only warrants to the original purchaser and upon fulfillment of his payment obligations that machines, devices and assemblies are free of defects in accordance with the current state of the art. The warranty period is to be determined individually. Their term begins with the completed delivery.
2. Defects found must be reported in writing within eight days, otherwise the warranty expires.
3. Natural wear and tear and damage caused by improper or negligent handling are excluded from the warranty.
4. Cancellation compensation of any kind and for whatever reason will not be granted.
XI. claims for damages
1. Unless otherwise stipulated in the conditions, the supplier is only liable for damages due to breach of contractual or non-contractual obligations in the event of intent or gross negligence. However, the supplier is only liable for intentional and grossly negligent breaches of duty by vicarious agents if they breach an essential obligation. The supplier’s liability under no circumstances – except in the case of intent – includes consequential damage or damage that could not typically be expected in the specific transaction.
2. The legal liability of the supplier towards the injured party under the Product Liability Act and for the lack of guaranteed properties of the goods remains unaffected by the above limitation of liability.
XII. fulfillment status
1. Place of performance and place of jurisdiction is Weimar. The supplier is also entitled to sue at the buyer’s headquarters.