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General Terms and Conditions

General information

  1. All our deliveries and services are subject exclusively to our following terms and conditions of delivery.
  2. We shall not recognize any deviating or conflicting terms and conditions unless we have expressly agreed to them.
  3. These General Terms and Conditions shall also apply to all future transactions between the parties and also if we carry out the delivery of the goods in the knowledge of deviating or conflicting conditions.
  4. These General Terms and Conditions shall only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
  5. We reserve the right to make technical changes as well as the and copyright to our documents.

 

Offer, acceptance

  1. Our offers are subject to change. Insofar as the order represents an offer within the meaning of § 145 BGB, we are entitled to accept this within a period of 2 weeks in writing or in text form in accordance with § 126 b BGB.

 

Prices and terms of payment

  1. Our prices are ex works including packaging costs. Packaging will be taken back.
  2. Minimum order value:
    The minimum order value is € 100.00 per order. For orders with a value below the minimum order value, we charge a minimum quantity surcharge of € 25.00.
  3. Order quantities and delivery quantity tolerance:
    For order quantities of up to 10 pieces, the delivery quantity tolerance is ± 1 piece.
    From 10 pieces, we are entitled to deliver up to 20% more or less of the ordered quantity.
    From 1000 pieces, we are entitled to deliver up to 10% more or less of the ordered quantity.
    For tools from stock, the minimum order quantity is the smallest packaging unit. Order quantities must correspond to our packaging units. The minimum order quantity for special tools is 5 pieces.
  4. Processing fees
    For orders outside the European Union (EU) we charge the following processing fees (customs form, issuing of customs documents, bank charges):
    – up to 100 euros net per order and delivery 25 euros
    – up to 250 Euro net per order and delivery 20 Euro
    – up to 500 euros net per order and delivery 15 euros
    – from 500 Euro these orders are free of processing fees.
  5. The agreed price is based on the current material costs and wages. If these change by the time the goods are delivered, the price shall also change in accordance with the percentage change in material costs and wages, whereby the respective change in material costs and wages shall be included in the calculation in equal percentage shares. The respective production status is taken into account when changes in material costs or wages occur, i.e. the adjustment only relates to that part of the price which corresponds to the costs still to be incurred.
  6. VAT at the statutory rate is added to the prices.
  7. Our invoices are payable net within 30 days of the invoice date.

 

Offsetting, retention, suspension of payment

  1. The customer shall only be entitled to set-off insofar as his counterclaims are undisputed or have been legally established. The customer shall only be entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
  2. In the event of suspension of payments, the filing of an application for the opening of protective shielding proceedings or insolvency proceedings by the customer, all invoices shall be due immediately, all rebates and discounts shall lapse and outstanding deliveries shall only be made against advance payment or the provision of security.

 

Retention of title

  1. We reserve title to all goods delivered by us until all claims arising from the business relationship with the customer have been paid. If the delivered goods are installed or combined with other equipment, our ownership shall also extend pro rata to the finished goods or equipment created by installation. This shall also apply if the remuneration for certain deliveries of goods designated by the customer has already been paid, as the reserved title serves as security for our balance claim.
    balance claim. If the value of the goods delivered to us as security subject to retention of title exceeds our total claim by more than 20%, we shall be obliged to retransfer such goods at the customer’s request. We shall be responsible for selecting the security to be released.
  2. The customer is permitted, subject to revocation at any time, to resell the delivered goods in the ordinary course of business, unless the claim arising from the resale has already been assigned to others; the authorization to resell shall also lapse if the customer ceases to make payments.
  3. The customer hereby assigns to us as security the claims to which he is entitled from the resale or from economically similar dispositions; it makes no difference whether the reserved goods are sold without or after combination with other items.
  4. In the event that the reserved goods are resold, whether separately or in combination or mixing with other goods not belonging to us or after further processing, the assignment shall only apply to the invoice amount of the reserved goods including VAT applicable between us and the customer.
  5. The customer is authorized to collect the assigned claim as long as he meets his payment obligation to us; he must transfer the amounts collected by him to us immediately insofar as our claims are due. In the event of a breach of the customer’s payment obligation, we shall be entitled to disclose the assignment of the claim to the customer’s contractual partner.
  6. We are entitled to demand the return of the reserved goods if the customer has not met his payment obligations despite a period of time or deadline set according to the calendar. The demand for the return of the goods also constitutes withdrawal from the contract.
  7. The customer may neither pledge the goods nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform us immediately.

Delivery time

  1. The start of the delivery period stated by us presupposes the clarification of all technical questions, insofar as the customer must cooperate in this.
  2. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the customer of this immediately and at the same time inform the customer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; any consideration already paid shall be refunded to the customer without delay. A case of non-availability of the service in this sense is in particular the failure of our suppliers to deliver to us on time if we have concluded a congruent hedging transaction. The customer’s statutory rights of withdrawal and termination as well as the statutory provisions on the performance of the contract in the event of an exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected.
  3. The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the customer is required. If we are in default of delivery, the customer may, in the event of our simple negligence and to the exclusion of further rights, demand lump-sum compensation for the damage caused by the delay. The lump-sum compensation shall amount to 0.5% of the net price (order value) for each completed calendar week of delay, but shall not exceed a total of 5% of the order value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay. We reserve the right to prove that the customer has suffered no damage at all or significantly less damage than the above lump sum.

 

Transfer of risk and shipping

  1. The risk shall pass to the customer at the latest when the goods are dispatched, even if partial deliveries are made or we have assumed other services, e.g. shipping costs or transportation.
  2. If dispatch is delayed as a result of circumstances for which the customer is responsible, the transfer of risk shall take place on the day on which we are ready to dispatch the goods.
  3. Partial deliveries are permitted.

 

Liability for material defects

  1. The customer’s rights in respect of material defects presuppose that he has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
  2. If there is a defect for which we are responsible, we shall be entitled, at our discretion, to remedy the defect by repair or replacement free of charge. If we are unwilling or unable to remedy the defect, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if at least two attempts at subsequent performance fail, the customer shall be entitled to withdraw from the contract or to claim a reduction in payment, without prejudice to any claims for damages pursuant to Section 9 below.
  3. Insofar as the customer can demand rights for material defects at his discretion, he is obliged to declare at our request within a reasonable period of time whether he demands subsequent performance, withdraws from the contract, asserts a reduction in the purchase price and/or demands compensation instead of performance if the prerequisites are met.
  4. We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, unless the expenses increase due to the fact that the object of the delivery has subsequently been taken to a place other than the customer’s registered office and the transfer has not been agreed with us in writing.
  5. Without written agreement, we shall not be responsible for ensuring that the goods delivered by us comply with foreign regulations.
  6. The following paragraph also applies to our liability. Any further claims based on a material defect shall be excluded.

 

Liability

  1. In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory provisions; likewise in the event of culpable breach of material contractual obligations. Insofar as there is no intentional breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.
  2. Liability for culpable injury to life, limb or health and liability under the Product Liability Act shall remain unaffected.

 

Special tools

  1. All tools not listed in the catalog are special tools that must be subjected to a feasibility test.

 

Applicable law, place of jurisdiction

  1. This contract is subject to the law of the Federal Republic of Germany (excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods). The place of performance for all our deliveries and services is Ravensburg.
  2. If the customer is a merchant or a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Ravensburg. However, we are also entitled to take legal action against the customer at his place of residence or business.

 

Other regulations

  1. The above provisions shall also apply to deliveries abroad, unless otherwise agreed in writing.
  2. For deliveries abroad, the “ex-works” clause of the Incoterms® in the version valid at the time the contract is concluded shall also apply.
  3. Returns: The customer is only permitted to return the goods within 30 days and after prior written agreement with the supplier. Without such written authorization, the Supplier shall be entitled to refuse to accept return shipments sent freight collect and not authorized. The goods must be returned in perfect condition and in their original packaging. If the return is not due to the fault of the supplier, processing fees of 15%, at least € 25, will be charged. Special tools are generally not taken back.
  4. Goods credit notes: If a goods credit note is granted, the amount of the credit note shall be based on the amount of the original invoice / value of the goods.
  5. In the event that individual provisions are invalid, all other provisions and agreements shall remain unaffected.
  6. The contract language is German. In the event that the meaning of the German and English texts of these General Terms and Conditions differ, the German text shall take precedence.

Status 06/2021