Terms and conditions

Download our terms and conditions here.

As of: 10/2005

  1. All offers, contracts, deliveries and services are subject exclusively and without exception to our following terms andrespective buyer. Any general terms and conditions of the buyer that conflict with or deviate from our general terms and conditions of the buyer are hereby rejected.

  2. Our terms and conditions of sale, delivery and payment shall only apply to persons who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity (entrepreneurs) and to legal entities under public law or a special fund under public law.

  3. For delivery contracts with non-merchants, only the regulation on retention of title shall apply. Otherwise, the statutory provisions shall apply.

  1. The buyer’s order is binding. We are authorised to accept the buyer’s order within four weeks. We are not obliged to uncover any contradictions in the order.
  2. The documents belonging to the offer, such as illustrations, drawings, weight, dimension and performance specifications, are only approximate unless we expressly designate them as binding.

  3. We expressly reserve the right of ownership and copyright to all documents belonging to our offer, e.g. drawings, plans, catalogues, cost estimates, calculations, samples. These documents may not be made accessible to third parties in any form without our written consent. They must be returned to us on request.

  1. The delivery and service contract is only concluded with our written order confirmation, which is decisive for the scope of the delivery. Collateral agreements and amendments require our written confirmation to be effective.

  1. The prices quoted are ex works Versmold excluding freight, packaging and insurance. Value added tax at the applicable statutory rate is added to the prices.

  2. Cost increases for which we are not responsible, in particular general increases in labour and material costs, entitle us to a price increase to a customary market level if delivery is to take place at least four weeks after conclusion of the contract and in the case of continuing obligations.

  3. The packaging shall be determined by us according to purpose, invoiced separately and not taken back.

  4. Our invoices are issued and payable in euros. Unless otherwise agreed, they are due for payment in full 30 days after the invoice date. If payments are deferred or made later than agreed, interest of 5% shall be charged for the interim period without the need for a prior reminder. From the time of default, default interest of 8% above the base rate shall be charged, unless the buyer can prove that we have incurred no or significantly less damage due to default. The assertion of further damages caused by default is not excluded.

  5. If the buyer is in arrears with his payment obligations to us, we are entitled to exclude the provision of further services, to make them dependent on advance payment or to demand sufficient security. If the buyer refuses to pay in advance, we shall be entitled to withdraw from the contract and claim damages. All existing claims shall become due upon default of payment.

  6. In the case of instalment agreements, the entire remaining debt, including all bills of exchange not yet due, shall become due for payment immediately if the buyer
    – is 14 days in arrears with one instalment or
    – is in arrears with at least two instalments in whole or in part and the amount in arrears is 1/10 of the purchase price or
    – has suspended payments or
    – is affected by an application for insolvency proceedings against his assets.

  7. If counterclaims or notices of defects are not recognised by us, the purchaser may neither offset nor assert a right of retention.

  8. We are authorised to assign the claims arising from our business relationship.
  9. The deduction of a discount is only permitted on the basis of a special written agreement.
  10. Discounts granted to the buyer are only granted if the transaction is processed smoothly. They are therefore cancelled if
    –an application is made to open insolvency proceedings against the assets of the buyer or
    – the buyer does not settle the claim within the payment period set for him or
    – a legal dispute is pending between the buyer and us arising from or in connection with this contract.

  11. We only accept bills of exchange and cheques on the basis of a separate agreement and only on account of performance.

  12. Notwithstanding any agreement to the contrary on the part of the buyer, incoming payments shall in each case amortise costs, then interest and finally the principal claim, in the case of several claims the older claim first.

  1. The agreed delivery period shall always apply after clarification of all technical and commercial details. In this respect, delivery periods are generally non-binding. Delivery periods are only binding if the delivery date has been confirmed in writing to the buyer.

  2. The delivery period shall commence upon dispatch of the order confirmation, but not before receipt by us of the documents, authorisations, approvals to be procured by the Buyer or an agreed advance payment.

  3. The delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified within the deadline.

  4. Unless otherwise agreed, the goods shall be transported at the risk and expense of the buyer, to whom the risk shall pass as soon as the goods have left the supplier’s works; the choice of transport route shall be at our discretion; we shall only be obliged to take out transport insurance at the buyer’s request and expense. Dispatch shall also be at our discretion, but without any guarantee for the cheapest mode of transport. The delivery will be sent to the buyer’s address; other unloading points must be agreed.

  5. Delivery is ex works.
  6. Production-related excess or short deliveries of up to 10% of the ordered quantity are permissible. We are authorised to make partial deliveries.

  7. The agreed delivery periods shall be deemed approximate and subject to correct and timely delivery to us. Compliance with the delivery period presupposes the fulfilment of the buyer’s contractual obligations.

  8. Delivery periods shall be extended by the duration of the hindrance in the event of unforeseen events beyond our control, insofar as such hindrances have a significant influence on the completion or delivery of the delivery item. This applies both if these hindrances occur at our works and if they occur at a subcontractor. In particular, the following shall come into question: operational disruption, lawful strikes or lockouts at our premises or those of our suppliers, delays in the delivery of essential raw materials. Proof of a causal connection between the aforementioned cases and the subsequent delivery cannot be demanded.
  9. If delivery is not possible for an unforeseeable period of time for the reasons stated in V. Clauses 7. and 8. for reasons for which we are not responsible, we shall be entitled to withdraw from the contract.

  10. Non-compliance with delivery dates and deadlines, taking into account an extension in accordance with V. Clauses 7 and 8, shall entitle the Buyer, subject to cancellation in accordance with V. Clause

  11. The customer shall only be entitled to assert the rights to which he is entitled if he has granted us a reasonable grace period of at least six working days.

  12. Any claims for damages due to delayed delivery are limited to 5% of the purchase price, unless the delay in delivery is caused by gross negligence.

1. Warranty
a) Our warranty shall be governed by the following provisions. However, paragraphs b), c) and e) of the following provisions shall only apply if the Buyer (or a customer of the Buyer) sells the newly manufactured delivery item to a natural person for whom this contract cannot be attributed to his commercial or independent professional activity. In such cases, the statutory provisions shall apply.
b) If the purchase is a commercial transaction for both parties, the purchaser is obliged to inspect the goods immediately upon receipt and to notify us in writing of any defects discovered without delay, but within 14 days at the latest. Hidden defects which cannot be discovered within this period even after careful inspection shall be taken into account up to three months after delivery/acceptance if the purchaser notifies us in writing and proves that the defect is hidden. Any complaint shall be excluded after the delivered goods have been used or otherwise processed. Customary or minor, technically unavoidable deviations in quality, color, width, weight, finish or design may not be objected to. The buyer is obliged to check and approve the usability and functionality of the sample produced by us according to his wishes, ideas and requirements. Approval shall also be deemed to exist in particular if an order is placed after a sample has been produced. We accept no liability for the usability and functionality of goods manufactured according to samples.c) If the goods are defective, we shall be entitled, at our discretion, to subsequent fulfilment either in the form of rectification of the defect (subsequent improvement) or in the form of delivery of a defect-free item (new production). If we are unwilling or unable to remedy the defect/replace the goods, in particular in the event of delays in subsequent fulfilment beyond reasonable deadlines for reasons for which we are responsible, or if both types of subsequent fulfilment are associated with disproportionately high costs or fail in any other way, the Buyer shall be entitled, if further attempts at subsequent fulfilment are unreasonable for him, to withdraw from the contract (withdrawal) or to reduce the purchase price (reduction) at his discretion. Cancellation shall not be considered in the event of a minor defect. Excess or short deliveries of up to 10% of the quantities ordered are permitted and therefore do not constitute a material defect.
d) No warranty claims shall arise in the event of improper or unsuitable storage or processing of the goods.
e) We shall be liable for the freedom from defects of our products
if the claims against our suppliers cannot be enforced despite timely (legal) recourse or if recourse is unreasonable in individual cases.

2. Damages and limitation of liability
a) We shall be liable in cases of incapacity and impossibility for which we are responsible. Furthermore, we shall be liable for the defectiveness of the delivery item in accordance with the statutory provisions for damage caused intentionally or by gross negligence, in the event that we have assumed a guarantee for the quality of the item and in the event of damage to life, limb or health for which we are responsible. In the event of a merely negligent breach of duty, our liability shall be limited to the foreseeable damage typical of the contract.
b) Insofar as our liability is excluded or limited on the basis of the above provisions, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
c) Claims for damages under the Product Liability Act remain unaffected.
d) In the event of injury to life, limb or health for which we are responsible and in cases of intent and gross negligence, the limitation period shall be two years, unless claims in tort or under the Product Liability Act are involved. The limitation period begins when the damage occurs on its merits.

  1. We reserve title to the goods sold until receipt of all payments from the existing business relationship with the buyer.

  2. In the event of seizures or other interventions by third parties, the buyer must notify us immediately in writing so that we can file a suit in accordance with § 771 ZPO (German Code of Civil Procedure). If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the buyer shall be liable for the damage incurred by us.

  3. The purchaser is entitled to resell the goods purchased subject to retention of title in the ordinary course of business. The buyer hereby assigns to us all claims to which he is entitled from the resale against his customers or third parties, irrespective of whether the purchased goods were resold before or after processing. The buyer remains authorized to collect this claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claims as long as the buyer meets his payment obligations from the proceeds received, does not default on payment and, in particular, no application is made to open insolvency proceedings against the buyer’s assets or payments are suspended.
    Otherwise, disposals of the reserved goods, in particular transfer by way of security, are not permitted.
  4. If this is the case, the buyer is obliged to inform us of the assigned claims and their debtors, to provide all information necessary for collection and to hand over to us all documents necessary for collection and to disclose the assignment to the third-party debtor.

  5. If the buyer does not fulfil his payment obligations, he must grant us access to the reserved goods still in his possession, send us a precise list of the goods, separate the goods and return them to us. We are irrevocably authorised by him to collect the goods subject to retention of title. The buyer shall bear the costs of segregation and collection.

  6. If the goods that are the subject of the contract are mixed with other items that are not our property, we shall acquire co-ownership of the new item in the ratio of the value of the goods that are the subject of the contract to the other mixed items. If the mixing takes place in such a way that the buyer’s item is to be regarded as the main item, the buyer hereby assigns to us the co-ownership to which he is entitled to this item.

  7. We undertake to release the securities to which we are entitled at the buyer’s request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 20%. The selection of the securities to be released shall be at our discretion.

  8. We are entitled to assert our rights arising from the retention of title, in particular to take back the goods delivered under retention of title, without prior cancellation of the respective purchase contract.

Company logos, drawings, reproductions or other illustrations of our models may only be shown in newspapers, advertising brochures etc. or used in any other way with our express prior consent.

  1. The place of fulfilment for payment of the purchase price and for bills of exchange and cheques given in lieu of payment is Versmold.
  2. For all disputes arising from or in connection with this contract between us and registered traders as well as between us and persons who have moved their domicile or habitual residence outside the area of application of the Code of Civil Procedure after the conclusion of the contract or whose domicile or habitual residence is unknown at the time the action is brought, the place of jurisdiction shall be the Local Court of Halle/Westphalia or the Regional Court of Bielefeld. We are also entitled to sue the buyer at his place of residence.

  3. German law applies to all contractual relationships.