1. The following terms and conditions of sale, delivery and payment shall apply exclusively to our deliveries and sales. Purchasing terms and conditions of the customer which deviate from these shall only apply in exceptional cases if they have been expressly confirmed by the seller. Should any part of these terms and conditions or the delivery transaction be invalid, the validity of the remaining terms and conditions or the delivery transaction shall not be affected thereby. In this case, the contracting parties shall agree a new provision in place of the invalid provision which comes as close as possible to the purpose of the invalid provision. The documents belonging to the offer such as illustrations, drawings, weights and dimensions are only binding for the execution if these have been expressly confirmed. The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents: they may not be made accessible to third parties. The customer is obliged to make plans designated as confidential by the supplier accessible to third parties only with the supplier’s consent. Any agreement with our representatives requires our express written confirmation. This applies in particular to orders received.
2. Prices are subject to the conditions set out overleaf. Should the manufacturing costs increase by more than 5% between the date of the confirmation of sale and the date of delivery, e.g. due to changes in exchange rates, wage and other cost factors, the Seller reserves the right to increase the prices accordingly or to withdraw from the contract. In this case, the customer shall not be entitled to claims for damages due to non-performance or partial non-performance.
3. Delivery is made at the delivery time stated overleaf ex works or warehouse. We reserve the right to make short or excess deliveries of up to 10% of the ordered quantities. The delivery time is only approximate and begins with the dispatch of the order confirmation, but not before the customer has provided the documents, approvals, releases to be procured by the customer and before receipt of any agreed down payment. The delivery period shall be deemed to have been complied with if the delivery item has left the factory or readiness for dispatch has been notified by the end of the delivery period. The delivery period shall be extended appropriately in the event of unforeseen hindrances occurring outside the control of the supplier or its subcontractors, e.g. operational disruptions, rejects, delays in the delivery of essential raw materials and building materials, insofar as such hindrances affect the completion or delivery of the delivery item, even if they occur during a delay in delivery. Compliance with the delivery period requires the fulfilment of the customer’s contractual obligations. All deliveries are ex works and travel at the risk of the recipient, even if carriage paid, fob or cif delivery has been agreed. Additional freight costs arising from special circumstances, in particular the customer’s wishes or the nature of the goods (bulky goods, goods of special scope) shall be borne by the customer. If dispatch is delayed due to the fault of the purchaser, the risk shall pass to the purchaser as soon as the goods are ready for dispatch. Delays or hindrances in delivery as a result of force majeure, including mobilisation and war, operational disruptions of all kinds, strikes and lock-outs, shortages of raw materials and fuels and unforeseen measures – even if our suppliers are affected by these – entitle us to cancel the existing delivery obligations in whole or in part, without the customer thereby being entitled to compensation claims, not even those under § 325 BGB (German Civil Code). This shall also apply in the event of only partial non-fulfilment of the contract. Non-performance of the obligations incumbent upon the customer or circumstances which make the delivery of sold goods impossible or excessively delay or impede it shall entitle the seller to cancel his delivery obligation in whole or in part for the duration of the impediment or its aftereffect, as well as in all cases of force majeure, official measures, operational disruptions, etc., including at the seller’s suppliers. The Seller shall not be obliged to make a subsequent delivery of the quantities attributable to this period. These events entitle the seller to withdraw from the contract even without liability for damages. The obligation of the purchaser to pay damages shall remain unaffected thereby. Partial deliveries are permissible unless expressly agreed otherwise. The call-offs of the individual partial performances shall be made in equal periods and quantities as far as possible and in sufficient time to enable proper manufacture and delivery within the contractual period, otherwise the Seller shall be entitled to withdraw from the contract or demand reimbursement of the additional costs incurred. If a period for delivery scheduling is not specified, a period of 4 months shall be deemed to have been agreed. In the event of delays in partial deliveries, the customer may not assert any rights in respect of the remaining partial quantities. If an acceptance period has been fixed, the Seller shall not be obliged to make deliveries beyond its expiry.
4. For machines or plant components, the supplier shall provide a warranty for recognisable and hidden defects or the absence of warranted characteristics within 6 months, but up to a maximum of 1000 operating hours, after the day of delivery, exclusively in the form that he shall, at his discretion, repair the goods free of charge or deliver defect-free goods subsequently. No liability is assumed for material defects which could not be detected during processing by the supplier. The warranty does not cover normal wear and tear, wearing parts, materials required, lay days or indirect damage of any kind, labour and travel costs, remuneration for overtime and Sunday work, freight costs and other secondary damage. Complaints must be made in writing immediately, at the latest within 10 days of delivery of the goods and, in the case of hidden defects, at the latest within three days (after discovery of the defect). If these deadlines are not met, warranty claims can no longer be made. The warranty period of the manufacturer of these parts shall apply, deviating from the foregoing, for externally procured parts which are installed in the object of purchase. For adhesive tapes and similar products, defects in the goods must be claimed in writing immediately after their discovery, but no later than 10 days after receipt of the consignment, irrespective of any earlier statutory duty to notify. If a complaint is acknowledged, the goods will be taken back and, at our discretion, replaced or reimbursed up to the amount of the invoice value; if a replacement delivery is defective, the customer may demand a reduction. Any further claims of the customer, in particular for rescission, reduction or damages, are excluded. The customer may not exercise any rights with regard to the remaining partial quantities due to defective partial deliveries. Recommendations or suggestions by our technical staff will be made on the basis of practical experience. However, they are non-binding and do not release the customer from his own tests and trials. The seller shall not be liable for the suitability of the delivered goods for the purposes envisaged by the customer. Such liability can also not be derived from an information leaflet or instruction manual issued by us. Liability for damages of a direct or indirect nature in connection with the processing or use of the goods is excluded. The supplier is not obliged to repair or replace the goods as long as the customer does not fulfil his contractual obligations. The warranty obligation expires if the delivered goods are modified, improperly handled, operated or processed or if the relevant instructions of the manufacturer are violated. If attempts to remedy defects are carried out or initiated without the Supplier’s consent, the warranty shall also expire. Other claims of the customer due to defects or the absence of warranted characteristics are excluded.