TERMS OF DELIVERY AND PAYMENT
1. General Provisions
All agreements between the Supplier and the
Buyer are governed solely by the contract. The Buyer accepts these conditions
when signing the contract.
Individual verbal agreements, including those
with the Supplier's field workers, that differ from the terms of delivery and
payment described in the contract, come into force only if they are confirmed
by the Seller.
2. Price
All prices quoted are net prices and do not
include statutory value added tax. Prices are subject to change without
separate notice if they are not fixed in the contract. In the event of
fluctuations in exchange rates by more than +/- 5% or a change in the
Supplier's purchase prices by this amount, the prices will be changed
automatically if they are not fixed in the contract. In this case, the Supplier
shall immediately inform the Buyer thereof. Prices are EXW, excluding packaging
and assembly, unless otherwise stated.
3. Delivery
A delivery time is only binding if it is agreed
in writing and fixed in the contract. Delivery is considered completed if the
goods left the Supplier's warehouse before the expiration date indicated in the
contract, transferred to the transport company or the Buyer received a message
"ready for shipment".
If the Supplier fails to fulfill its obligation
to deliver on time due to a labor dispute or the occurrence of unforeseen,
extraordinary circumstances affecting either the Supplier or its supplier,
including, for example, government intervention, operational failures,
hostilities in the supplier's country, problems with supply of energy, delays
in the supply of vital raw materials, etc., which he could not cancel, despite
exercising all the care necessary in the circumstances of the case, the
delivery time should be proportionally extended.
The supplier has the right to carry out partial
delivery. If the
goods are ready for dispatch and the shipment is delayed for reasons for which the
Seller is not responsible, the risk passes to the Buyer upon delivery of the
notice of readiness for shipment. In the event of a delay in shipment at the
request of the Customer, the Buyer pays for storage at the supplier's
enterprise or warehouse 0.5% of the invoice amount for each month of storage.
4. Payment
(1) Invoices are due for payment within 10 days
from the date of invoice, unless otherwise agreed. The costs arising from
payment shall be borne by the Buyer.
(2) In the event of a delay in payment by the
Buyer and a change in prices, the Supplier has the right to revise the price
fixed in the contract.
(3) If, after the conclusion of the Purchase
Agreement, circumstances become known that may lead to a decrease in the
creditworthiness of the Buyer, or if the Buyer is in arrears in paying
receivables, the Supplier is entitled to demand immediate security or immediate
payment for all delivered goods for which not yet payment has been made,
require advance payment for all goods yet to be delivered, and hold goods not
yet delivered until all receivables are paid. If the Buyer fails to comply with
the Seller's requirements regarding security or payment, the latter has the
right to withdraw from all supply contracts with the Buyer.
5. Retention of title
The Supplier retains title to the delivered
goods until full payment of all debts due under the contractual relationship
with the Buyer.
6. Warranty
(1) In order to identify any defects, the Buyer
must inspect the goods immediately after delivery and, in the event of an
obvious defect, notify the Supplier in writing within one week. Defects that
are not obvious must be reported to the Supplier as soon as they are
discovered. If the Buyer does not comply with the above deadlines, the goods
are considered approved, as a result of which the Buyer loses his rights to
claim defects. The right to choose between the elimination of the defect or the
supply of a new product belongs to the Supplier.
(2) The Buyer's right to withdraw from the
contract and claim damages instead of performance is excluded if the defect in
the object is of a minor nature.
The Buyer has no rights in the event of defects
that were caused by such treatment of the delivered goods by the Buyer or a
Third Party that does not comply with the rules for handling the goods.
(3) The Buyer's claims expire one year after
delivery of the goods.
(4) In the event that equipment consisting of
third party products, the Supplier's liability is limited to the assignment of
liability claims to the third manufacturer. For repairs and replacement
deliveries that the Supplier deems appropriate, the Buyer shall allow the time
and opportunity necessary to correct the defects.
7. Marking
Seller hereby reserves the right to display
legally required labels, its company text, its trademarks, or its business
identification number in accordance with current practice or applicable
regulations in a place available for such images, on supplies of all kinds.