Delivery and Payment
I. Price and Payment
1. The prices named by the seller are denominated in Euro, and the buyer shall make payments
in Euro, unless otherwise agreed upon. All named prices are net prices and are to be understood as ex-work excluding VAT, unless otherwise agreed upon.
2. Should the seller‘s purchase price increase between conclusion of contract and execution of the order, among contracts that are to be fulfilled by the seller later than four months after the conclusion of the contract or for reasons for which the buyer is responsible cannot be fulfilled until four months after conclusion of the contract, the seller shall be entitled to request a higher price of the proportionate portion of the affected purchase price. In case of continuing obligations, the seller also has this right, if the period between conclusion of the contract and fulfillment is shorter than the four-month period.
3. The buyer shall only be granted a discount, if this is agreed upon in writing. However, the seller has the right to negate the granting of a discount even after conclusion of the contract, even if only one invoice- excluded are invoices with a valid objection from the buyer- is not paid by the buyer. For discounted invoices, the listed net invoice amount are decisive after deducting discounts, shipping, returned goods credits, etc..
4. As long as the buyer places an order based on the sales catalog, the seller shall grant a volume discount for articles marked in the catalog with a “*” according to the following stipulations:
Net order value starting at
300,00 € a volume discount of 5,00 %,
600,00 € a volume discount of 8,00 %,
1000,00 € a volume discount of 10,00 %.
Only volume discount products shall be taken into account when figuring out the proper level of discount. The seller reserves the right to remove individual articles from the list of the volume discount articles.
5. The seller shall issue the buyer an invoice or invoices for services. Invoices from the seller are to be paid within 30 days of invoicing at the latest after reception of delivery or services without any discount of payment.
6. Payments shall be made to the seller’s business account in the respective invoice. Should various business accounts be listed, payments can be made to any of the listed accounts.
Checks and bill of exchange are not accepted by the seller.
7. Against payment claims of the seller, offsetting is not permissible with disputable and/or non-legal determinable counterclaims from the seller. Due to notice of defects, the buyer may only withhold payment, if there is no doubt about the notice of defects. Additionally, the withheld payment must be in an appropriate relationship with the occurring defect.
II. Shipment deliveries and transfer of risk
1. The seller shall ship goods to the shipping and delivery address. The shipping and delivery address is the, or one of the, address provided in the seller‘s order confirmation, unless the buyer has explicitly provided other information to the seller.
2. The seller has the discretion to choose shipping material and type, unless something else was explicitly agreed upon with the buyer. Incurred shipping – and packaging costs and other costs, which incurred through import and export of the goods, public law or civil law, shall also be picked up by the buyer. Provided, it does not involve costs caused by the seller’s gross negligence.
3. In any case, the risk is transferred from the seller to the buyer upon the dispatching of the goods. This applicable regardless of the place of shipment, if freight-free delivery or delivery to free places has been agreed upon (as an exception), and / or the seller, in addition to the delivery, has yet to provide other services (e.g. installation, installation, commissioning) at the buyer’s place of use. This does not apply in cases where the seller’s own employees have transported, or the seller’s employees are at fault for the destroying the product or damage.
4. Only by explicit agreement with the buyer and at the buyer’s expense, the delivery item shall be insured by the seller against all desired and insurable risks of the buyer, notably theft and transport damaged. Damage during transport shall be immediately notified to the seller. Additionally, upon delivery, the recipient shall ensure the registration of appropriate claims and reservations toward the carrier.
5. The seller shall be entitled, but is not obligated, to carry out partial deliveries and to calculate them separately. Provided, the partial deliveries are reasonable for the buyer, and the seller has justified grounds for these partial deliveries. Other provisions are for the seller only compulsory if they were agreed upon in writing.
6. Upon conclusion of contracts with an order value not exceeding 50,00 € net, the seller is entitled to apply a “small quantity surcharge” for the increased administrative expenses in the amount of 10,00 €.
III. Delivery Date, Delivery Deadlines and Delays
1. Delivery date and/or delivery deadlines are only then binding for the seller, if this is agreed upon in writing.
2. The payment deadline starts with the seller‘s acceptance of an order, but not before the receipt of a possible payments by the buyer. If prepayment is agreed upon, the delivery shall be dispatched after full payment of the invoice has been made.
3. The seller shall be entitled to charge the buyer an increase sales price, if the agreed upon date of delivery is more than four months after conclusion of the contract and if, after conclusion of the four months, unforeseen costs, which are not the seller’s responsibility, result in connection with the products. The seller shall conveyed this to the buyer in written form and with a justification.
4. The delay of delivery can only be attributed to the seller and justify the buyer‘s claims for damages, if the seller has intentionally caused or was grossly negligent towards the seller. Or, if the delay of delivery involves damages from the loss of life, personal injury, health damages or the freedom of our contractual parter. Insofar delays, caused by force majeure or other events and out of the seller’s control, cannot be attributed to the seller. Latter shall, for example, be assumed if the seller is dependent on the manufacturing or delivery of the goods in the contract or services of a third party and if the third party does not provide these goods or service
on time. The buyer‘s right to rescind from the contract in case of delays in delivery by the seller remains unaffected, insofar it exists by law.
5. Should the shipment be delayed by the buyer’s preference or for other reasons or should the buyer be in default of acceptance, the seller is entitled to store the goods at the buyer’s expense and risk. In this case, the risk is transferred to the buyer with the notification of delivery of readiness. There is no obligation for the buyer to insure the stored goods.
6. Should the buyer wind up in complete or partial default with the acceptance of the services, the seller is allowed either to rescind from the contract or to demand compensation instead of the service. This occurs after the unsuccessful expiration of a reasonable deadline set by the seller, where a warning of an expired deadline results in the rejection of the acceptance of service. This is only applicable for the not already completed part of the contract by the seller. In case of acceptance delay by the buyer, the legal rights of the seller remain otherwise unaffected.