1. Conclusion of the contract
The purchase agreement is only made by sending an order confirmation or deliver the goods with an invoice.
Agreements different from our payment, from our valid price list or Gerneral Terms & Conditions (GT) are only valid if the customer get them from us in paper from
2. Offers are nonobligatory
Descriptions of delivery objects, especially about their weight, measurements, materials and the type and extent of their assortment, merely serve as approximations with usual industry deviations. The same applies to price lists, catalogs, sample books and other statements made in brochures. We reserve the right to make changes at any time.
Angaben über Lieferzeiten sind annähernd und unverbindlich.
3. Delivery terms
All prices are excluding VAT, freight and packing. This will be charged at costs.
We will select the transport vehicle and route. The transport risk is carried by the customer.
Visible or obvious transport damage must be indicated immediately to the forwarder.
About all other defects we have to be informed immediately (within 4 working days).
4. Retention of Title Clause
The sold goods shall remain the property of the seller until full payment have been made.
In case of breaches of duty by the customer, especially payment delays, we may withdraw from the contract and retrieve the items after unsuccessfully providing the customer with an appropriate grace period to make outstanding payments. Legal regulations on the dispensability of setting a deadline shall remain unaffected. The customer must hand over the items. We may withdraw from the contract if an application is made to launch insolvency proceedings over the customer's assets.
The customer must immediately notify of us of any third-party enforcement measures towards the reserved goods by submitting any documents required for intervention. This shall also apply to any other kinds of restrictions. Irrespective thereof, the customer must inform third parties of the existing rights to the goods beforehand.
5. Damage Liability
a. Unless otherwise provided in these DPT including the provisions below, we are liable in accordance with the statutory provisions applicable from time to time in the event of breach of contractual and/or statutory obligations.
b. Subject to the following provisions, we are liable for damages — on any legal ground whatsoever — only in the case of intent or gross negligence or for damage resulting from breach of a material contractual duty. In the event of a violation of a material contractual duty by slight negligence, our liability shall be limited to the foreseeable damage typical for that kind of contract. A material contractual duty is a duty that has to be met in order to achieve the purpose of the contract and on the fulfilment of which the customer relied and could rely.
c. The liability for damages resulting from injury to life, body or health and the mandatory provisions of the German Product Liability Act remain unaffected by the aforementioned restrictions of liability.
d. Any further liability for damages — regardless of the legal nature of the asserted claim — is excluded.
e. As far as our liability is excluded or limited, this also applies to the personal liability of our stall members, employees, representatives and servants.
6. Place of Jurisdiction, Applicable Law
a. The exclusive place of jurisdiction for any disputes arising from or in connection with these GT or in connection with Sales Contracts concluded hereunder shall be Michelbach/Bilz.
b. Any disputes arising from or in connection with these GT or the Sales Contracts concluded hereunder shall exclusively be governed by the laws of the Federal Republic of Germany with the United Nations Convention on Contracts for the International Sale of Goods (CISG) being excluded
7. Final Provision
a. If any provision of these DPT, in whole or in part, has not become part of the contract or is invalid or null and void, or if these GT contain a gap, this shall not affect the validity of the remaining provisions of these GT.
b. If any provision has not become part of the contract or is invalid or null and void, the statutory regulations shall apply. In the absence of a relevant statutory regulation, such provision shall apply in lieu of the provision, which has not become part of the contract or which is invalid or null and void, as would have been stipulated by the parties if they had considered that point from the outset; in this connection, the economic interests of both parties must reasonably be considered. The preceding sentence applies mutatis mutandis in the event of any gap.