General Terms and Conditions
1. GeneralThe business relationship between us and the buyer shall be governed by the Terms and Conditions set forth below or any amended version valid at the time of the purchase order, to the exclusion of all other terms and conditions. We shall not accept buyer's deviating conditions unless we have confirmed them in writing. Verbal agreements must be set down in writing. Any obvious errors, misprints or miscalculations shall not be binding on us.
Please note: the Terms and Conditions set forth below shall apply for all our products.
2. QuantitiesAll the quantities of buyer's orders shall be based on the details stated by the buyer.
3. PricesThe buyer shall pay the purchase price within 30 calendar days after receipt (delivery) of the goods. Delivery shall be deemed to have been effected although the buyer is in default of acceptance. When the period stated above has expired, the buyer shall automatically be deemed in default of payment without the necessity of a reminder. The amount owed shall be subject to interest at the statutory rate for the period during which the default continues. If the buyer is a merchant or a company, we reserve the right, where appropriate, to prove and claim higher damage caused by the delay.
The purchase price shall be the price stated by us or, if no such price has been expressly stated, the price given in our price list valid at the time the order was placed. Prices can be changed if a period of over 4 months lies between the conclusion of the contract and the contractual delivery date. All prices are quoted exclusive of the statutory value added tax.
Purchase orders worth € 230.00 or more (exclusive of VAT) shall be delivered free of shipping costs. For purchase orders of a lower merchandise value we charge pro-rata fees for postage, packaging and shipping, the minimum amount, however, being € 8.00. Should banking fees arise due to insufficient funds in the buyer's bank account or because a cheque is not honoured by the bank, savings bank or other financial institute, these shall be refunded by the buyer.
4. Payment and offsettingA 2% cash discount shall be granted for cash on delivery and a 4% cash discount in the case of automatic debit transfer, provided the net order value is at least €230.00 and there are no previous unpaid invoices and provided no other payment terms have been agreed in writing. The decisive factor is receipt of the payment by us and/or its being paid into our bank account. No cash discounts shall be granted for seminar fees and advertising matters.
If the buyer is in default of payment, we shall be entitled to charge interest for the delay at the rate of 5% above the base rate. If the buyer is a merchant, the interest rate for delay shall be 8% above the base rate. We shall be entitled to dunning charges in the amount of €10.00 for each reminder we send.
If it becomes apparent after conclusion of the contract that the buyer's financial situation has significantly worsened, and our claim to valuable consideration is jeopardised, we shall be entitled - if we are under an obligation to perform in advance - to withhold performance until the consideration has been paid or security has been furnished. If after the expiry of a period set by us, the buyer is neither willing to accept concurrent performance nor to furnish security, we shall be entitled to cancel the contract. The buyer shall only be permitted to offset amounts due to us against any counterclaims it may have if their existence has been recognised by us or has been validly established. The buyer's right of retention shall be restricted to cases where buyer's counterclaim is based on the same contractual relationship.
5. Acceptance of delivery itemsIf after expiry of an adequate period of grace the buyer still refuses acceptance or expressly declares its refusal to accept, we shall be entitled to rescind the contract and claim damages. Damages can be claimed at a fixed rate of 25% of the order value. The buyer shall be entitled to prove that no loss or a significantly lower loss has arisen for us. If in individual cases the loss incurred by us is exceptionally high and is significantly in excess of the fixed-rate damages, we shall be entitled to claim such loss.
6. Passage of riskThe place of performance for our obligation to supply shall be the buyer's respective business premises. Shipping of the delivery item is effected at the buyer's request. The dispatch route and means of transportation shall be determined by us, unless agreed otherwise. The delivery items shall be dispatched at buyer's risk. If the buyer causes a postponement of the dispatch, the risk shall pass to the buyer upon our advice of readiness for shipment.
7. Retention of titleTitle to the goods supplied shall remain with us until they have been paid in full (and in the case of cheques: until they have been honoured unconditionally) (goods subject to retention of title).
8. Notification of defects, warrantyThe buyer shall examine the item supplied immediately upon receipt with the care reasonable and appropriate under the circumstances and shall promptly notify us in writing of any defects that have been found. If the buyer fails to give such notification, the delivery shall be deemed approved.
If there is a defect for which we are to be held responsible, we can at our own option either remedy the defect or supply a new item. Any damage caused by improper handling of the item shall not be covered by our warranty. The warranty shall expire one year from the date of the passage of risk (par. 7). The warranty only refers to individual articles and any faults or defects in these; it shall not apply to product lines or sets. Otherwise, the statutory provisions of the German Civil Code shall apply. The return of items must be agreed in advance.
9. Company logo and trademarksOur company logo may not be used in advertising unless you have our prior consent.
The trademarks allocated to our products may not be used in advertising unless you have our prior consent.
10. Distribution channel, InternetOur products may be sold to end users only. Selling to resellers is therefore forbidden on principle. Moreover, our products may not be distributed via the buyer's own or any third-party online shops unless with our prior written consent, and the selling prices recommended by us must not be undercut under any circumstances. Advertising the products on the Internet, however, is permitted without our prior consent.
11. PrivacyYour personal data will be treated confidentially and will only be used and processed in accordance with the data protection acts in force.
12. Place of performancePlace of performance and legal venue: D-52062 Aachen
We do not assume liability for any misprints.