Terms of delivery and payment

All of our deliveries and services, the following conditions are solely based on. Any deviations must be confirmed by us in writing and are only valid for the individual business. Conflicting terms and conditions of the customer terms, this delivery is obsolete.

I. offer and conclusion of contract
Our offers, the oral and other communications and agreements with our employees and agents are always freibleibendund non-binding. The delivery contract is only with the written order confirmation of the supplier is legally binding. The offer and the delivery contract, related documents, such as illustrations, drawings, weights and measurements are only approximate. Binding can also be determined only on the written order confirmation. To all cost estimates, drawings and other documents of the supplier property and copyright reserves; they may not be made accessible to third parties.
Change requests from the customer after the conclusion of the supply contract at its expense and will be calculated separately. For the smooth Installation of the objects of delivery the necessary preparatory work, concrete work, installation of panels and electrical Installation is not included; similarly, the unloading of the items of delivery also in case of carriage-free delivery.
Necessary protection measures in relation to unloading, installation and commissioning of the delivery items by the purchaser. The supplier shall not be liable for this purpose, even when the unloading, installation and commissioning is carried out by employees of the supplier.
In addition to agreements of any kind are required in written form to your right.

II. prices and payments
The prices are, unless otherwise stated in EURO, the Deutsche Bundesbank, as well as a net ex-works, excluding packaging, freight, VAT, customs and insurance.
At the time of delivery of electrical components, the payment is to be made as follows: net immediately.
At the time of delivery of equipment, the payment shall be made as follows:
30 % upon receipt of the order confirmation,
60 % in readiness,
10 % after commissioning,
however, no later than 4 weeks after delivery, in each case without deduction.
In the case of the payment period is Exceeded by more than 15 calendar days will be charged as a default interest of 3% above the respective discount rate of the Deutsche Bundesbank.
The assertion of further default damages to prove. Step up to the day of delivery, Material and wage increases of any kind, so the supplier is entitled, regardless of Offers and order the sale prices in the frame, or to compensate for the calculation of the price confirmations and increase in costs to increase. With the exception of the expressly agreed are fixed except for the price.
The withholding of payment or set-off against counterclaims of the customer is not permitted, except that the counter-claims of the buyer are undisputed or legally binding. About a lack of creditworthiness, in particular, the insolvency of the purchaser, the supplier will be known only after the conclusion of the contract, so this one is entitled, at his discretion, to require advance payment of the full purchase price or to withdraw from the contract and to demand from the customer compensation for his expenses. All the costs of an exchange of issuance of the buyer.

III. delivery time
The delivery period begins with the completion of the order confirmation, however not before receipt of the order processing required by the purchaser documents to be procured and, if applicable, receipt of the agreed advance payments and fulfilment of any other obligations on the part of the purchaser.
Is changed at the request of the customer, the scope of work later, the originally agreed occurs the date of delivery to be in force. For delivery delays due to force majeure, including strikes and lockouts, as well as not timely deliveries on the part of any sub-suppliers, shall not be liable to the supplier. The customer can derive no right to compensation. Compliance with the delivery period shall be contingent on the fulfilment of the contractual obligations by the purchaser.

IV. transfer of risk and acceptance
The risk passes at the latest with the dispatch of the goods to the purchaser, even if partial deliveries are made or if the supplier has assumed other services, such as shipping costs, delivery or installation or Assembly.
At the request of the customer, will be insured at the cost of the shipment by the supplier against theft, breakage, Transport, fire and water damage, as well as other insurable risks. The shipping is delayed due to circumstances for which the purchaser is responsible, the risk shall pass from the day of readiness for shipment to the customer, but the supplier is obliged, at the request and expense of the purchaser's insurance required. The delivered goods, even if they have minor defects, the customer shall, without prejudice to the rights contained in clause VII. Partial deliveries are permitted.

V. installation and commissioning
Before the start of the installation work must be available for recording the installation work required delivery parts on the spot. For the Assembly of the necessary preparatory work must be executed on the part of the buyer's property in accordance with, and before the beginning of installation finished, foundations be dry and hardened.
Auxiliary personnel in the by the supplier as the number considered necessary by the purchaser to be ready. For the installation, Assembly and commissioning of required equipment and utensils are also kept by the purchaser at the ready. The purchaser shall also ensure that appropriate external conditions of work of the Assembly staff.
The buyer must be some of the mechanics of the supplier of the pure working time at the mounting location to the best of our Knowledge. He is also committed to the technicians provide a written confirmation of the completion of their Work immediately to hand.
The customer has arranged for the Assembly personnel to special Work, the supplier will not be liable for this. He is liable only for the proper treatment and Assembly of the objects of delivery.
The cost for round - trip travel of the Assembly staff by plane, Car, train or ship in the 2. Class (for engineers in railway use 1. Class) and for the transport of Luggage and Tools are to be paid by the buyer. Travel and waiting times are counted as working hours.

VI. retention of title
The supplied items and equipment remain the property of the supplier until all from this contract to him, claims against the ordering party. The property remains available, for all claims of the supplier shall acquire to the purchaser in connection with the subject, e.g., due to repairs or spare part deliveries and other services at a later time. Up to this fulfillment of the objects are not to be resold, rented, lent, or given away, and even when not qualified third in repair are given.
Similarly, collateral assignment and pledge are prohibited. The purchaser dealer (reseller), so the resale in the ordinary course of business is permitted subject to the condition that the claim from the resale, including all be assigned in addition to the rights in the amount of the Invoice value of the supplier to this.
During the duration of the retention of title, the purchaser to the possession and use of the item entitled, as long as it complies with its obligations under the retention of title and default of payment.is
If the buyer is in default of payment or does not fulfill his obligations under the retention of title may utilize the request of the supplier of the item from the buyer and to the threat with a reasonable period of time the object allocation, the delivery price by sale on the open market in the best possible way.
Such withdrawal applies in the case of partial payment transactions not as a merchant in the commercial register of the registered customer as a withdrawal. In this case, the provisions of the hire-purchase act. All costs of the return and recycling of the item by the purchaser. In the event of access by a third party, in particular in the event of seizure of goods, or upon the exercise of the lien is a workshop, the customer to the supplier immediately in writing message to the third parties to retention of title, the supplier's point. The purchaser shall bear all costs for the lifting of the seizure and recovery of the object to be allocated, to the extent that they can not be recovered from third parties.
The customer has a duty to keep the object during the duration of the retention of title in proper condition, all scheduled maintenance and necessary repairs without delay by the supplier to perform. The supplier undertakes that he is entitled as a backup, in so far as their value exceeds the claims to be secured, as far as these are not yet settled, more than 10%.

VII. liability for defects
If the customer or a third party not Changes and repair work on his own authority has initiated, the supplier is liable for defects in the delivery, one of which is the Lack of promised features, as follows:
After commissioning for a period of six months to one shift operation in the way that the supplier's pieces, free of charge, all parts or factory new supplies, which are due to defective material, faulty work, inadequate design, proven in their function as unfit and out.
For repair work and replacement parts the supplier shall be liable to the same extent as for the original delivery item, but only up to the end of the for the original Delivery deadlines.
The supplier is not obliged to remedy the defect, as long as the customer has not fulfilled his contractual duties.
For modules and devices that do not lie in the production program of the supplier and were turned on a sub-supplier, is passed on to the customer only with the corresponding manufacturer warranty.
Other claims of the buyer due to defects in or the absence of warranted properties are excluded, including any claims for compensation for consequential damage and damage resulting from the implementation of the rectification of defects or delivery of a replacement, to the extent permitted by law, and not gross negligence or intent. To the extent this limitation of liability for slight negligence is at fault, at the conclusion of the contract, breach of contract or in tort for the benefit of the supplier, this limitation for the customer.
When buying used items, the supplier shall advise the customer to the best of our Knowledge and belief, the use-value of the item. To the extent that the supplier is not liable required by mandatory law or agreed otherwise, is hereby excluded from any warranty of the supplier. In the course of the Inspection, when required, travel expenses to be borne by the buyer, if it turns out that there is no liability on the causative defect.
The delivery, installation and commissioning without the fault of the supplier, is delayed, the liability shall cease no later than twelve months after notification of the readiness for dispatch by the supplier. For parts and repairs, the warranty period is three months, at least until the expiration of the original warranty period of the object of Delivery.

VIII. liability and obligations
To the best of your before and after the conclusion of the contract underlying the proposals and consultations provided, as well as ancillary contractual obligations, in particular instructions for operation and maintenance of the delivery item, however, is for it and for any omissions of the supplier's liability only in accordance with the provisions of section VII, will be given Knowledge.

IX. withdrawal
The supplier can withdraw from the contract:
If he can, through force majeure, strike, lockout, or other circumstance, he is not responsible to and for the completion of the object of considerable importance, the delivery is not running;
If the purchaser exceeds an agreed upon in writing, payment is more than 14 days and an additional period of at least 14 days elapse;
If the purchaser truth has made adverse information concerning his Person, his merit or his obligations, which threaten to Comply with the payment obligations.
The customer may withdraw from the contract:
If the supplier culpably fails to comply with by the purchaser, to a reasonable extension of time with warning of refusal extended delivery time. No fault is more, the obstacles in Delivery due to force majeure, strikes and lock-outs. In such cases, the delivery time shall be extended appropriately. The non-executability, as a result of such circumstances, the purchaser may withdraw. The delivery time is deemed to be met if the items date are ready for shipping.
In the case of cancellation the supplier and the customer are bound, the mutually received benefits while. The purchaser has caused in the event of his resignation to the supplier for the as a result of the Treaty-made expenses, as well as at the completion of the delivery for damage of the item a replacement, which is due to a fault of the purchaser, or by any other responsible circumstance. For the right to use, or the use, of which the value is to be paid, where the depreciation in value of the is to take the subject into consideration.

X. Place Of Performance
The place of performance for all obligations of the parties, Philip castle.

XI. place of jurisdiction
For all current and future claims from the business relationship, including bills of exchange and cheques receivable with merchants, legal persons of public Law and makers of special funds under public law the exclusive place of jurisdiction is the registered office of the supplier. The same place of jurisdiction applies if the buyer does not have a General place of jurisdiction in Germany, after the conclusion of the contract domiciled or habitually resident from Germany or if he moves his domicile or usual place of residence at the time of the action is known.

XII. arbitration
The parties to the contract (General merchants) agree for disputes by means of arbitration, each Partner shall, within four weeks following the request by the partner of a referee. The Chairman of the arbitral Tribunal is appointed by the President of the chamber of Commerce and industry, Karlsruhe. He also appoints the referee of the partner with the designation of the arbitrator shall be in default.

XIII miscellaneous
The law of the Federal Republic of Germany for the entire legal relationship between the partners is.
A provision in these terms of delivery and payment, or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected. In place of the ineffective provision of the terms and conditions of the relevant statutory provision, which would have been the meaning of the invalid provision.