1.1.1. The following conditions apply to all deliveries, including such
from future transactions - as agreed. Only our
Terms and conditions of sale and delivery. Contradictory or from our
terms and conditions of sale of the customer, we recognize
unless we have expressly agreed to their validity in writing.
1.1.2. Our terms and conditions of sale and delivery shall also apply if we
Knowledge of conflicting or my terms and conditions of sale
deviating terms and conditions of the Buyer the delivery to the Buyer
unreservedly. Deals and agreements are only
binding if they are confirmed in writing. agreements made by our
terms and conditions shall apply only to the transactions for which they are
expressly agreed in writing. They have neither retroactively
nor do they apply to future transactions, unless they are re-applied
be confirmed in writing.
2. Offer and conclusion of contract
Our offers are always subject to change. Oral statements are only
binding with written confirmation. Explained by the award of the order
the customer is aware of the validity of our general terms and conditions
Agree. The client waives the inclusion of any
own general terms and conditions.
2.2. Retention of title
2.2.1. Insofar as we have not expressly assumed a liability,
offer documents such as illustrations, drawings, plans, material,
weight and measurements only approximate. We keep to ourselves
property and copyright documents in all offer documents. Should
drawings or sketches do not contain the protective mark, they are nevertheless
Protected. The offer documents may not be imitated, reproduced,
be made available to third parties and competing companies, and
must be returned immediately at our request.
2.2.2. The Buyer accepts liability for the fact that third-party intellectual property rights are not
be violated when samples, drawings and models of the buyer of our
delivery. We are entitled to be
Withdraw. Any damages incurred must be compensated by the buyer.
2.3. Scope of the service
2.3.1. Only our order confirmation is valid for the scope of the
contractually owed performance. Only through our written
Confirmation, obligations are justified.
2.3.2. In the event that there is no specification from the Buyer, our
Investment descriptions as offered. Our offers can be found here
Replace the specifications.
2.3.3. Protective devices within the meaning of the accident prevention regulations shall be
delivered to the extent agreed.
Any changes such as .B design or material selection
we reserve the right to also after sending an order confirmation, provided that
these changes are not the part of the order confirmation or the specification of the
2.5. Sample commissioning zero series material
The Buyer warrants that we will provide us with all
items that are used for commissioning, setting, zero-series production and
Testing of the delivery item have been necessary and agreed
3.1.1. The delivery time is determined by the agreements of the contracting parties.
Agreed delivery times start from receipt of the
signed order with us. Unforeseen events, such as
for example, non-timely delivery by a sub-supplier,
disruptions in the energy supply, strikes or operational disruptions due to higher
violence, extend the delivery period accordingly. We keep a
right of withdrawal if, due to the aforementioned circumstances, a
disruption of more than 4 weeks.
3.1.2. If the delivery item leaves our company until its expiry
or the readiness for dispatch is reported, the delivery period has been met.
Insofar as an acceptance has to be made, except in the case of justified
Refusal to accept - the acceptance date decisive, in the alternative the
Notification of readiness for acceptance.
3.1.2. The customer may withdraw from the contract without setting a deadline if:
from us to the entire service, before the transfer of risk or after acceptance
essential delivery criteria arising from the specifications or the order, not complied with
and the final use of the delivery item for the purpose of
customer becomes impossible.
3.1.3. If there is an impossibility or inability during the
delay in acceptance or if the customer is solely or far-sighted in these circumstances,
largely responsible, he remains obliged to pay in return
3.2. Delivery delays
3.2.1. The supplier's compliance with the delivery time requires that all
commercial and technical issues between the Parties
and the customer has all obligations under his or her obligations, such as .B.
The necessary drawings for the raw and finished parts or
has fulfilled the payment of a down payment. If this is not the case, the
delivery time is reasonable. This does not apply if the supplier
3.2.2. Compliance with the delivery period is subject to correct and
3.2.3. If the dispatch or acceptance of the delivery item is made from
reasons for which the customer is responsible, he or she will be
starting one month after notification of the shipping or
willingness to accept, the costs incurred as a result of the delay
3.2.4. If the non-compliance with the delivery time is due to force majeure, errors in parts of the
equipment of a sub-supplier or other events, the
the delivery time is extended appropriately. The supplier will inform the customer of the
the beginning and end of such circumstances as soon as possible.
3.2.5. If the Customer grants the supplier in default, under
Consideration of the statutory exceptional cases e.B. point 3.2.2.
reasonable time for performance and if the deadline is not met, the
customer within the scope of the statutory provisions.
Acceptance is required for all construction parts, devices and machines that are
manufactured in our company are indispensable.
3.3.1. Acceptance takes place after notification of readiness or acceptance
through us. The acceptance item is in principle subject to at least one authorized
person of the customer. If the participation of the acceptance
waived by the customer, this is only to be
and is to be used as a declaration of consent to the acceptance protocol.
which the supplier always executes.
3.3.2. With the acceptance of the item in the premises of the supplier,
the following points and thus the recognition of the factual and
correct execution of the item, as in the order or in the specifications
function, mechanics, pneumatics, hydraulics, electrical installation and
Programming, safety and documentation of the controller and circuit.
Whereby the documentation is not definitive, but only in principle
to be seen.
3.3.3. After completing the items listed in the acceptance protocol, the
the proper execution by the customer by means of personal
conviction before delivery. If the delivery is not
eye-catching of the defects from the acceptance so this is considered
irrevocable recognition of the rectification of defects.
3.3.4. In the case of services, only the customer is required to release
drawings/constructions (e.B. for production). As a result, it is
The final check.
The dispatch of the contractual items is always at the expense and risk
of the recipient.
3.4.1. The risk passes to the customer if the delivery item
has left the plant, even if partial deliveries are made or if the
the supplier has taken over other services.
3.4.2. The risk is from the day of notification of readiness for dispatch to the
customer, if the shipment is delayed as a result of circumstances that
are not attributable to us. At the expense of the customer, we undertake to
insurance that the latter requires.
4. Prices and terms of payment
4.1. The installation or installation of the object of the contract will be
executed and calculated in accordance with our terms and conditions and are
only if the terms and conditions are expressly mentioned in the price of a
item. The execution of this work will only be carried out on
written order of the customer or written confirmation by us
4.2. The prices contained in our offers are subject to change. You
ex works, excluding packaging, rolling fee, postage, freight and
Value insurance. Packaging is charged at cost price.
Cost estimates for custom-made products, repairs and
Repairs can only be specified without obligation.
4.3. If the real expense significantly exceeds the cost estimate, we will
immediately notify the customer and thereby
4.4. Price changes are permitted for fixed prices if between
Contract conclusion and agreed delivery date the procurement prices
raw materials (such as .B. stainless steel) have increased by more than 10%.
If the wages increase until the delivery is completed, the wages
material costs or market cost prices, we are entitled to:
adjust the price appropriately. The buyer is only entitled to withdraw from the contract if
if the price adjustment increases the general cost of living
between order and delivery.
4.5. In the absence of a special agreement, payment without any deduction is
account of the supplier, namely:
4.5.1. 30% of the order value after receipt of the order
4.5.2. 30% of the order value at half-agreed delivery time
4.5.3. 30% of the order value as soon as the readiness for delivery or the acceptance of
the machine has been carried out by the supplier, unless otherwise agreed.
4.5.4. 10% of the order value after either production of a zero series or
Rectification of defects from acceptance and or delivery. Unless it has been
confirmation of the order confirms otherwise.
4.6. All payment terms defined differently in the order
we will only accept them if we have also confirmed them in writing.
4.7. Our invoices are available within 15 days from the invoice date
due without deduction.
4.8. In the event of late payment, we will not be able to
agreement, subject to the assertion of a further
Damage - interest of 5% points above the respective base interest rate
5. Retention of title
We retain ownership of the delivery items until the date of
full payment of the delivery contract and all other open
5.2.1. The right to withhold payments or with counterclaims
the customer is only entitled if his counterclaims are
5.3. Attachment in general
The assertion of the retention of title as well as the attachment of the
delivery item by us, shall not be deemed to be withdrawing from the contract.
The buyer has sent us in the event of attachments or other interventions by third parties
immediately in writing so that action in accordance with Section 771 of the ZPO
can be collected. Insofar as the third party is not in a position to
legal and extrajudicial costs of an action pursuant to Section 771 of the ZPO.
the customer is liable for the failure incurred by us.
The Buyer may not place the delivery item until full payment has been made
pledges to secure. In the case of attachments and
seizure or other dispositions by third parties, the buyer has
to inform us immediately. In the event of resale, the Buyer
already all claims from resale in the amount of the final invoice amount (including VAT) are already to us.
Insofar as software is included in the scope of delivery, the buyer will not be entitled to a
exclusive right to use the Software and the delivered
documentation. It is used for use on the supplied
delivery item. Other use is prohibited. In
In other words, Section 68a ff. UrhG.
5.7. Design and documentation documents are our property. You
are only used for the operation and operation of the delivery item. You
are subject to the copyright of Section 69a ff. UrhG. Copy ing.
other delivery items require our written consent.
The customer is entitled to purchase the delivery item in the ordinary course of business
resell; however, it already assigns to us all claims in the amount of
final amount (including VAT) that is paid to it from the
resale against its customers or against third parties, and
regardless of whether the delivery item is delivered without, or after
processing has been resold. In order to recover this claim, it is necessary to
the customer after their assignment.
Our power to collect the claim itself as long as the customer
payment obligations are duly and not
late in payment.
6.1 Late payment in the event of resale
However, if this is the case, we may require that the Buyer
assigned receivables and their debtors, all claims for collection of
provided the necessary information, handed over the relevant documents and
the debtors (third parties) will be informs of the assignment.
6.2. Co-ownership in processing or remodelling
The processing or remodelling of the delivery item by the customer
is always done for us. If the delivery item is shared with other
items that do not belong, we acquire the co-ownership of the
the new item in proportion to the value of the delivery item to the other processed items at the time of processing. For those who
resulting in the processing, the same shall also apply as to the
6.3. Mix objects inseparably
If the delivery item is used with other items that do not belong to us,
inseparably mixed, we shall receive co-ownership of the new item in the
Ratio of the value of the delivery item to the other mixed
objects at the time of mixing. If the mixing takes place in the
in such a way that the customer's cause is to be regarded as the main cause, the
agreed that the customer will transfer co-ownership to us on a pro rata basis. The customer
keeps sole ownership or co-ownership for us.
7. Warranty - Complaints about defects
7.1. Complaints about defects
complaints of defects insofar as they relate to the external nature of the
subject-matter of the contract, without delay, but at the latest within a
10 days after receipt of the subject matter of the contract in writing.
7.1.1. The notification of defects
The notification of defects must be received by us within the aforementioned period
Be. Defects that are only detected after use are also
immediately, within 10 days of detection in writing.
If the customer fails to receive the written complaint in due time, he loses his
7.1.2. Defective item
If a defective item is delivered, we have a reasonable period of time to
repair or replacement delivery. The appropriate
time required by our supplier to take the replacement or replacement parts to
or, in turn, to remedy the defects, plus a
Disposition period of 6 weeks.
7.1.3. Twice failure of repair
If the rectification fails more than twice, a replacement item cannot be
procure or will be the repair or replacement delivery from
not executed for other reasons, the customer may, at his option,
Reduction of the purchase price (reduction) or reversal of the
purchase contract (conversion).
7.1.4. Claims for damages
Claims for damages are excluded, unless they relate to the
Missing a committed property.
7.1.5. Conversion of the purchase contract
In the event of a conversion of the purchase contract, the
the entire purchase price is due or credited, but only compensation
from the lack of the reason for the change.
We are liable for damages that have not arisen on the delivery item itself.
for whatever legal reason, only
- in case of intent
- in case of gross negligence
- in case of culpable injury to life and health
- in the event of defects which are fraudulently concealed or whose absence
- in the event of defects in the delivery item, insofar as the Product Liability Act
Personal injury or property damage to privately used items.
8. Place of performance
Place of performance for delivery and payment is Rödinghausen. To the extent that the law
mandatory, all mutual claims are not required to
Place of performance Rödinghausen.