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Solenoid valves for industrial applications |
Innovation and customer proximity since 1958

SOLENOID VALVES

for the whole world of the industry

General Terms and Conditions of Delivery and Payment

I. General

  1. The following terms and conditions are the content of all contracts concluded with us. This shall also apply if we do not expressly refer to them in subsequent contracts, unless the customer is not a merchant within the meaning of the German Commercial Code (HGB).  The customer's general terms and conditions of business shall not apply to us, even if we have not expressly objected to them.
  2. Our order confirmation shall be decisive for the type and scope of deliveries and services.
  3. Verbal collateral agreements require our written confirmation in order to be valid.

II. Prices

  1. If our list prices increase between the conclusion of the contract and its execution, we shall be entitled to invoice the list prices valid at the time of execution, irrespective of the offer and order confirmation. This shall not apply to deliveries to a party other than a merchant within the meaning of the German Commercial Code (HGB) which are to be performed within four months of conclusion of the contract.
  2. The prices do not include packaging and are ex warehouse Beierfeld.
  3. Obvious typing or calculation errors can also be corrected by us subsequently.
  4. In the case of call orders, if the customer does not accept the goods in full within the agreed period, any quantity discount granted for the entire order shall be forfeited.
  5. Call-off contracts shall be concluded for a maximum period of 12 months.

III. Payments

  1. Our invoices are payable within 10 days less 2% discount or 30 days without deduction from the date of invoice.
  2. Irrespective of this, all our claims - even in the case of deferment - shall become due immediately as soon as the customer defaults on the fulfilment of other obligations towards us, ceases payments, is over-indebted, composition or bankruptcy proceedings are instituted against his assets or the institution of such proceedings is rejected for lack of assets or we become aware of circumstances which are likely to considerably reduce the creditworthiness of the customer. We shall then be entitled, at our discretion, to demand the return of the goods delivered, to make further deliveries dependent on advance payments or the provision of security, to demand damages for non-performance or to withdraw from the contract.
  3. Notices of defects by the purchaser do not affect the obligation to pay or the due date. He waives any right of retention.
  4. Offsetting by the customer with counterclaims of any kind whatsoever is excluded, unless the counterclaim for offsetting is recognised by us or has been established by a court of law.
  5. If the customer is in default of payment, we shall claim interest on arrears from the due date at a rate of 5% above the discount rate of the Bundesbank plus value added tax as well as compensation for any other damage caused by the default.
  6. Minimum invoice is Euro 50,- (except spare parts).
  7. In the event of late payment, we shall not be obliged to make any further deliveries under any contract.

IV. Delivery periods

  1. The delivery period shall commence on the day on which the agreement on the order between the customer and us is available in writing.
  2. Non-compliance with agreed delivery periods shall entitle the customer to withdraw from the contract on the grounds of default if he has previously set us a reasonable period of grace of at least ten working days under threat of refusal to accept the goods.
  3. Insofar as circumstances for which we are not responsible make the execution of accepted orders difficult, delayed or impossible, we shall be entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part. We are not responsible for e.g. official interventions, operational disruptions, strikes, lock-outs, labour disruptions caused by political or economic conditions, lack of necessary raw materials and supplies, transport delays due to traffic disruptions and unavoidable events which occur at our premises, at our suppliers' premises or at third-party plants on which the maintenance of our operations depends. If we are entitled according to III para. 2 of this condition to make further deliveries dependent on advance payments or securities, the delivery period shall be extended by the period between the occurrence of the delay and receipt of the advance payment or security by us; any costs incurred as a result shall be borne by the customer.
  4. Partial deliveries are permissible and are deemed to be independent transactions.

V. Packaging

Packaging shall be carried out at our discretion with all due care. It will be charged to the purchaser at cost price and will not be taken back.

VI. Retention of title

  1. The goods shall remain our property until settlement of the invoices or other claims from current account.
  2. The customer is entitled to resell the goods to third parties in the ordinary course of business. The customer hereby assigns in advance the purchase price claim against the third party in the amount of the invoice amount due to us. He is authorised to include the assigned claim as long as he fulfils his payment obligation to us in accordance with the contract.
  3. The customer is obliged to inform us immediately if items delivered by us are seized or if composition or bankruptcy proceedings are instituted against his assets.

VII. Transfer of risk

  1. The risk shall pass to the customer as soon as the delivery has left our premises, even in the case of carriage paid deliveries. If the purchaser delays dispatch, the risk shall pass to him upon notification of readiness for dispatch.
  2. At the written request of the customer, the goods shall be insured against breakage, transport and fire damage at the customer's expense.
  3. We shall comply with shipping instructions; no liability shall be assumed for the most favourable shipment.

VIII. Warranty

  1. We provide a two-year guarantee from the date of delivery for material defects and defects in the design of our equipment which render the equipment unusable or considerably impair its usability. 2. merchants have to notify us of obvious defects.
  2. Merchants must report obvious defects of any kind immediately upon acceptance, and non-obvious defects immediately after they become visible, but within 3 months at the latest. If the complaint is made orally or by telephone, it must be confirmed in writing.
  3. In the case of claims under warranty or liability for defects, we shall be entitled, at our discretion, to rectify the defective equipment or parts thereof or to make a replacement delivery. Only non-merchants shall be entitled to claims for rescission (cancellation of the purchase) or reduction (reduction of the purchase price) and only if the repair or replacement delivery has failed.
  4. We shall not be liable for damage caused by incorrect or insufficient information on the operating conditions, by improper handling or installation of the equipment, by excessive use, by natural wear and tear or by the fact that the customer or persons commissioned by him carry out modifications or repairs to our equipment without our written consent.

IX. Liability for other reasons

Other claims for damages by the purchaser against us, our vicarious agents and persons employed by us in the performance of our obligations, for whatever legal reason, in particular for fault, on the occasion of contractual negotiations, for delay, for positive breach of contract and for tort, shall be excluded unless they are based on intent or - vis-à-vis non-merchants - on gross negligence.

X. Return of goods

As a matter of principle, the buyer has no claim to the return of goods duly delivered by us.  A return is only possible by way of exception in the case of original packaging after prior written agreement.  In any case, we shall be entitled to deduct a handling fee of 10% of the invoice amount in the event of a return.

XI. Place of performance and jurisdiction

  1. Place of performance for delivery and service is Beierfeld.
  2. The place of jurisdiction for all legal disputes arising from the contractual relationship as well as concerning its origin and effectiveness (also for actions on bills of exchange and cheques) with fully qualified merchants as well as dunning proceedings is Chemnitz.

XII. Should one of these conditions be void for any reason, this shall not affect the validity of the remaining conditions.

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