1. These conditions apply to any business transactions with our customers, even if not specified in subsequent contracts. These conditions also apply, if buyers refer to their own general terms and conditions. Any acceptance of such general terms and conditions is subject to an express agreement in writing.
2. All additional agreements must be confirmed in writing. Oral additional agreements or covenants are only valid if confirmed in writing. Subsequent amendments to any agreements are equally subject to a written confirmation.
1. Our offers are subject to change. Orders are considered as accepted only if confirmed in writing by us.
2. The acceptance, performance and delivery of an order with regards to third-party patents and design rights are made upon the buyer’s risk. The buyer represents and guarantees that using the provided drawings, samples and the like does not infringe any third-party rights.
1. All prices are indicated in Euro net of applicable value added tax (VAT).
IV Payment terms
1. Invoice amounts must generally be paid within the agreed payment term as from the invoice amounts. Cash discount deductions by the buyer require a separate agreement.
2. Invoice amounts for repairs, modifications and maintenance works are payable without deduction as from the invoice date.
3. Payments must me made by bank transfer.
4. Exceeding the payment term or late payments are subject to default interest at a rate of 2 % above the applicable discount rate; however at least 9 %. The assertion of further late payment damages is reserved.
5. If circumstances regarding the buyer become known that call the buyer’s creditworthiness into question or if the buyer gets in arrears with his payments for a period of more than 10 days, the complete payment claim falls due immediately even if terms of payment have been consented to the buyer.
V Delivery Conditions/Delivery Terms
1. Unless otherwise agreed, deliveries are made “ex works Weilheim, packing exclu – ded” (Incoterms 2000).
2. All delivery dates are approximations and excluding any damage claims are noncommittal for us. The payment conditions under IV apply.
3. The time of dispatch ex-works or ex-warehouse is decisive for the fulfilment of delivery terms.
4. In case of a force majeure event, we are entitled to extend the delivery term by the period of impairment and an appropriate lead time. Events of force majeure include foreign exchange- and trade-political or other governmental acts, strikes, lockouts, business interruptions not caused by us (e.g. fire, machine damages, raw material or power shortages etc.), traffic impairments, delays in import/ customs handling as well as any other events not caused by us that have a significant impact on the delivery or prevent the latter, regardless of whether these events occur at our site, the delivery site or a pre-supplier. If the performance of the agreement becomes unacceptable for one of the parties thereto or the performance of a an agreement is delayed for a period exceeding 6 month due to any of the events mentioned above, such party is entitled to cancel the agreement.
VI Retention of Title
1. The goods delivered remain our property up to their complete payment.
2. In case of a resale of goods that are subject to a retention of title, the buyer assigns his claims towards the purchaser up to the respective remaining claims to us.