General Terms and Conditions

By placing the order the buyer fully accepts the General Terms and Conditions stated below.

All our prices are in Euros, ex works, and are exclusive of VAT, packaging and freight costs. The invoice purchase price is due and payable net within 30 days, without any deductions. For payments within 10 days, a 2 % discount is granted.

A T T E N T I O N !
The prices for services/calibration/repair/subcontract or custom-made orders are net prices and not discountable.

The delivered product remains our property until complete payment has been made.

In case of default of payment within the stipulated time period, default interest on arrears of 3 % p.a. above the official discount rate is due and payable.

Orders are only binding when they have been confirmed orally or in writing. In case of delivery within 3 days no confirmation is made. The shipping is at buyer’s risk and expense. Our delivery is considered to be executed when the delivered goods are handed over to the post office, to the rush service, to the rail transport service, or to the freight forwarder. Claims regarding wrong items, hidden faults, missing items or other deviations should be made within 10 days after goods receipt. In case of transport damages the buyer must immediately arrange for making a record of the facts.

Extended Retention of Title

(1) We retain title to the goods until we are in receipt of all payments due under the contract of delivery. Should the customer act contrary to the contract terms, particularly by being in payment delay, we shall be entitled to take back the goods. The take-back of the goods by us does not constitute rescission of the contract unless the regulations of the Consumer Credit Act apply, and unless we have explicitly declared so in writing. The seizure of the goods by us shall always constitute a rescission of contract. In case of seizure or other interfering measures of third parties, the customer must inform us immediately in writing so that we can file a lawsuit pursuant to § 771 ZPO (Code of Civil Procedure). To the extent that the third party should not be in a position to reimburse us for any of the incurred court or out-of-court costs in connection with a lawsuit pursuant to § 771 ZPO, the customer will be liable for any loss incurred by us.

(2) The customer is entitled to resell the goods in the ordinary course of business; however, the customer already assigns to us all of customer's claims against its customers or third parties in the amount of the total invoice sum (including Value Added Tax) resulting from the resale, independently of whether the goods were resold after or without any further processing. Notwithstanding this assignment, the customer remains authorised to collect such receivables. Our entitlement to collect the receivables ourselves remains untouched. However, we obligate ourselves not to collect the receivables as long as the customer meets its payment obligations resulting from collection of the payment returns and is not in payment delay. Should this be the case, however, we may demand that the customer inform us of all assigned claims and their debtors, forward all data necessary for the collection, hand over all documentation connected therewith and inform the debtors (third parties) of the assignment.

(3) Any processing or conversion of the goods delivered by the customer will always be undertaken for us. Should the goods be processed together with other items not belonging to us, we shall acquire joint ownership of the new items proportionately to the value of the goods in relation to the value of the other processed items at the time of processing. Concerning the items newly created by the processing, the same agreements shall apply as for the goods delivered under distraint.

(4) Should the goods be intermixed inseparably with other items not belonging to us, we shall acquire joint ownership of the new item proportionate to the value of the goods in relation to the value of the other goods intermixed at the time of intermixture. If the intermixture occurs in such a way that the customer's item must be considered the essential item, it will be deemed agreed that the customer transfers proportional joint ownership to us. The customer holds the sole or joint ownership originating therefrom in custody for us.

(5) We obligate ourselves to release the collateral upon demand by the customer to the extent that the value of the collateral should exceed the secured obligations by more than 20%, based on the values indicated in the outstanding invoices.

(6) The service is considered to be rendered when the invoice amount payable is credited to our account.

Court of jurisdiction/place of fulfilment is the Local Court of Hohenstein-Ernstthal.


(updated 12/02)
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