General terms and conditions of business
1. The following conditions form the basis of our quotations and our acceptance of orders (order confirmation, delivery). Earlier terms and conditions are therefore void. Any conditions on the buyer’s part which deviate from these terms require our express agreement.
2. An order shall be deemed to have been accepted when it has been confirmed by us in writing and/or shipped. The delivery times specified by our order confirmation are agreed as an approximation. They shall be considered adhered to if the goods are shipped within the specified period or if their readiness for shipment has been communicated to the ordering party. The delivery period shall be appropriately extended – including within a delay in delivery – in the event of unforeseen and unavoidable impediments which we were not able to avert despite reasonable care being taken, such as a shortage of raw materials, malfunctions, the effects of industrial disputes or similar. If delivery or the provision of services becomes impossible as a result of the circumstances cited above, we shall thereby be freed from the obligation to deliver. The ordering party is able to withdraw if, as a result of the aforementioned circumstances, we are unable to comply with a reasonable grace period granted to us in the event of a delay in delivery. Additional claims, in particular for compensation as a result of the impossibility of performance, delays, positive breach of contract, culpa in contrahendo and tortious acts, are excluded unless these are based on intent or gross negligence on our part or on the part of our executive employees.
3. Prices are current transfer prices ex works and/or branch office, excluding packaging. The prices which are valid on the day of delivery shall be charged. Statutory VAT shall be added on to the prices.
4. In the event of orders for custom-made products, the ordering party must guarantee that samples or drawings they have submitted do not impinge on third-party property rights. We are not obligated to verify these property rights. If there is liability for the supplier nonetheless, the ordering party must indemnify them. When supplying custom-made products, these are subject to production-related and packaging-related deviations from the order quantity (when supplying catalogue articles), to a reasonable extent. Part deliveries are permitted.
5. The place of fulfilment for delivery ex factory is Marienheide; the location of the respective branch office is the place of fulfilment for delivery from a field warehouse. The place of fulfilment for payment is Marienheide.
6. Our invoices are payable within 30 days of the date on the invoice with a 2 % discount, or net within 45 days. All invoices shall become due immediately if the ordering party defaults on payment. If a deadline is exceeded for any reason whatsoever, we are entitled to charge interest on arrears at a rate of 8 % in excess of the respective base rate of the European Central Bank.
7. The risk is transferred to the ordering party upon transfer of goods to the railway company, the haulage company or the freight carrier, or at the latest at the time the goods leave the plant or the warehouse – this also includes cases where we have assumed responsibility for delivery.
8. Notifications of defects and other complaints are to be sent to us in writing immediately after receipt of the goods concerned.
9. In the event of justified notifications of defects concerning our filing, milling, grinding, polishing, cutting and/or brushing tools, we shall provide a remedy or replacement for the goods concerned at our discretion. In the event of defects on electrical and pneumatic machines and associated accessories, we shall provide compensation by remedying or replacing all parts affected by the defects free of charge. We shall honour these material defect claims for a maximum of 12 months. This provision shall be invalid if longer periods are prescribed by law. We shall not provide compensation for damage caused during this period through improper handling, use of third-party spare parts or maintenance in third-party workshops.
10. The ordering party is able to withdraw if we are unable to comply with a reasonable grace period granted to us in order to provide a remedy or replacement delivery in the event of a defect for which we are liable. Additional claims by the ordering party, in particular relating to compensation for damage which did not occur on the goods themselves, are excluded. This applies in particular to the compensation claims specified in the last paragraph of Point 2 in these terms and conditions.
11. All delivered goods shall remain our property until fulfilment (payment) of all of our accounts, particularly our outstanding balance claim against the buyer. This shall also apply in the event that payments for specially designated claims are made. The ordering party is entitled to resell the goods delivered by us in the course of normal business. However, the ordering party shall immediately assign us all amounts receivable to the sum of the final invoice (including VAT) which arise from the re-sale to their customer or to a third party. We shall undertake to release the securities due to us at the request of the ordering party insofar as the value of our securities exceeds the amounts receivable to be secured by more than 20 %; the selection of the securities to be released is subject to our discretion. We are entitled to take back the goods in return for a credit note if the ordering party defaults on payment. The ordering party is obligated to release these. Exercising our rights to retention of title shall not be considered withdrawal from the contract. Furthermore, we are entitled to withdraw from outstanding obligations to deliver.
12. We reserve the right to make changes to models and designs in order to keep pace with technical progress.
13. We shall make repairs to used, hand-held electrical and pneumatic tools after the acceptance of our written cost estimate by the ordering party. If repairs are not desired, processing costs amounting to €20 per device shall be invoiced. The costs shall increase to €24 (€4 shipment cost per device) for return delivery of the defective device. The flat-rate charge shall not apply in the event of repairs or new purchases.
14. We store data according to the intended purpose of the contractual relationship. All data are protected in accordance with the provisions of the German Federal Data Protection Act (BDSG).
15. The prices specified per unit are exclusive of VAT and exclusively serve as a basis for calculation. Transfer to third parties is therefore not permitted.
16. The minimum net order value is €150. For orders with a net total of less than €150, we shall charge proportionate additional costs for processing totalling €10.