(Status: June 2018)
1. The following General Conditions of Sale are basis for all, also for future transactions with us, unless other terms and conditions are expressly stated by us and agreed in writing. The Basis of the contract are the Incoterms, latest edition.
2. Our offers are non-binding. A contract is only concluded by our written order confirmation or if orders have been executed by us. Changes, additions and/or cancellation of the contract or of these terms and conditions require the written form. The prices are net prices, and they increase in each case by prescribed taxes in the business and levies.
3. Payment is to be made in accordance with the agreed payment terms in the sales contract. The deduction of a discount requires a written agreement. The due date of the payment is the receipt of payment on our accounts. In the case of delays in payment, all our claims connected with business relations are immediately due and payable. Will the delayed payment not be remedied within a reasonable period of grace, we are entitled to withdraw from the contract or to claim damages due to non-fulfillment.
4. The indicated dates of delivery are not fixed dates. If our delivery is delayed, the buyer should grant us a reasonable period of grace. Our delivery obligation is subject to correct and timely self-delivery. In cases in which our supplier has invoked force majeure and other circumstances that make it without paying compensation, performance free, we are free to our customers of the performance. We are not able to deliver on time, we will inform the buyer immediately. We cannot deliver even after a reasonable extension, are entitled to both the buyer as well as we to withdraw from the contract. The supplier has fulfilled his obligations after he has transported the goods in the contracted quality and packaging in Accordance with the Incoterms, to the agreed place of delivery. The risk passes to the buyer, as provided for in the agreed Incoterms, latest version.
5. The delivered goods remain as our property until fulfillment of all claims due to us for any legal reason from the business relationship with the buyer. In the case of processing, combining or mixing with other materials by the customer, we acquire joint title in the proportion that corresponds to the ratio of the invoice value of our goods.
6. The notice of defects has to be carried out in accordance with § 377 of the German commercial code, and at the latest within 6 weeks after delivery of goods to the place of destination, in writing. If this is not done, the goods shall be considered to be good in this relation.
7. The place of fulfillment for both contractual parts is our company's headquarters in Pforzheim. For all legal relationships between us and the buyer, also in case of deliveries abroad, German law shall apply exclusively, insofar as not opposed by mandatory statutory regulations. If these provisions should be partially legally invalid or contain gaps, this shall not affect the validity of the remaining provisions.