General conditions for sales, delivery and payment



§1 General


The following conditions are exclusively valid for all deliveries and services, even where the Orderer expressively prescribes other conditions and we make no comment on these conditions. Changes require a written confirmation. The placing of an order indicates that our "General conditions for sales, delivery and payment" have been recognised and confirmed by the Buyer.



§ 2 Quotation and order


Our quotations are always non-binding and subject to change.

We reserve the right to prior sale where we have not agreed in writing to temporarily hand over the object. The details contained in our printed material, quotations etc. concerning dimensions and weights, properties, type designations and year of manufacture are non-binding and have been provided to the best of our knowledge and understanding. Changes, verbal additions, side agreements and any assurances made in the transaction require our written confirmation to become effective.



§ 3 Suppliers and customer protection


Every interested party shall grant us supplier and customer protection, should we offer the party an object for sale or purchase at a third location. The interested party undertakes to negotiate exclusively with us on the prices and final negotiations concerning all objects available for sale or purchase at this location, and not to carry out such negotiations either directly or indirectly with Third Parties without our separate written approval. The orders, transactions and deliveries resulting from such business connections will also be deemed as being arranged by us and are subject to these preconditions. The details we provide on machinery, locations and interested buyers are only meant for the recipient himself and may not be passed on to Third Parties without our written consent. In the event of breaches of the above conditions we will be entitled to claim compensation.



§ 4 Prices


The prices are each in EURO and ex-factory, -location or -warehouse. They do not include VAT, freight, customs fees, postage, packing, insurance and any other expenses.

Unless agreed otherwise, free loading onto lorries will only be included if delivery is made from the warehouse.



§ 5 Delivery


Shipment is always made against invoice and at the recipient and/or buyer's risk, even if freight-free delivery has been agreed. Loading at the handover site forms part of the shipment. We are not liable for transport damage, even if caused by the type of packaging and/or the fastening on the means of transport. The Orderer is entitled to inspect the packaging and/or fastening of the goods before shipment or to carry out the same himself.

Transport insurance will only be concluded upon the express demand of the Orderer and at his expense.

All details regarding delivery times are provided based on our best judgement, but however are non-binding. Non-compliance with delivery times shall preclude any notice of default, claims for compensation and any other claims by the Buyer including the right to withdraw from the contract. In the event of acts of God, operational faults, breakage of machinery, or destruction of or damage to the purchased object then we shall be entitled to wholly or partially cancel our delivery obligations without the Orderer being entitled to derive any claims for compensation as a result. Machinery ready for shipment must be collected within 14 days, unless agreed otherwise.



§ 6 Conditions of payment


Unless otherwise agreed our invoices are due for immediate payment in cash and without any deductions, regardless whether the purchased goods have arrived at the intended location or whether any claims are being processed. We only deliver to Orderers unknown to us when the amount has been sent to us in advance.

We are not obliged to accept cheques or bank drafts. They will only be accepted as conditional payment where they include all the costs of collection. Discount charges will be charged to the buyer. A warning notice is not required to place the buyer in delay. Where payment is delayed or deferred, interest of 4% above the current discount rate issued by the Deutsche Bundesbank will be charged from the due date. Retention of the payment or offsetting against any counterclaims are excluded. Where payment is made in a foreign currency the duty of payment is taken as fulfilled only if the supplier has the full Euro amount of his invoice freely available. This also applies to partial deliveries. Non-compliance with the agreed conditions of payment or any payment insecurities which occur or become known to us after completion of the transaction entitle us to revoke any delays of payment which may have been assured and to suspend or cancel the further fulfilment of the contract or the execution of any outstanding orders until the conditions have been met.



§ 7 Right to retention of title


Delivery is only made subject to right to retention of title. Up till that time the Buyer may not transfer our property rights to a Third Party without our express approval. Without prejudice to the existence of the ban covered by this regarding on-sale to another party the claims against the Acquirer transfer to us. Should a Third Party raise any claims against the goods supplied by us or confiscate the goods, then we must be informed immediately in order to protect our rights. The Buyer will be fully responsible for any consequences arising from failure to comply with this provision. He will also bear any costs that we incur as a result of our pursuing our claims.

If machinery, accessories etc. are connected with the ground or with parts of a building by way of foundations, or if they are connected in any other way with other objects, then it is taken as agreed that this connection is only temporary and can only become permanent when the Buyer has fulfilled his obligations and has obtained ownership.

During the duration of the right to retention of title the Orderer is required to maintain the object of purchase in a proper condition and to carry out any repairs that may be required. He must insure the object of sale against fire, water, theft and burglary with the provision that the rights arising from such insurance belong to the supplier. If upon request from the supplier evidence of insurance cover cannot be provided then the supplier shall be entitled to insure the object of purchase at the expense of the Orderer.

If the Acquirer intends to sell on the object of purchase, he must obtain our prior approval. In the event of non-compliance with this requirement to receive our approval all our claims become due immediately. The Acquirer will also be fully liable for any claims for compensation.

§ 455 BGB (German Civil Code) applies to this right to retention of title. On open accounts the retained title shall act as a security for the supplier's claims for payment of the balance.

If the Buyer is a trader he may sell on the object of purchase. However he now herewith assigns to the supplier all claims against his customers arising from the sale, together with all subsidiary rights; this assignment to the supplier extends until full payment has been made.

Our right to retention of title is limited in that upon full payment of all our claims arising from the business relationship the ownership of the property immediately becomes fully transferred to the Buyer and the Buyer is now entitled to all the assigned claims. We will release the securities to which we are entitled as we choose when their value exceeds 25% of all the secured claims.



§ 8 Liability for defects


We only sell any second-hand, used machinery in the condition the machinery is in and with the accessories which are available. Any liability for obvious or hidden defects is excluded here as is any entitlement to claims for damages. The entitlement to compensation for any damages which are the result of defects is excluded.

Following inspection, collection and loading, the objects are deemed to have been accepted and approved. The Buyer is entitled to inspect or check the goods before conclusion of the contract. If he waives this right then he accepts the condition of the goods, sight unseen.

We are not liable for damage caused by normal wear and tear or which are the result of incorrect handling.



§ 9 Rescission of contract


If the Buyer insists on rescission of the contract, the Buyer will have to reimburse us for all expenses incurred as a result of the contract, in particular those incurred as a result of the breakout and transport of the machinery, and also any expenses incurred as a result of damage to the machinery caused by him or his employees. If not otherwise agreed to the machinery must be delivered to our warehouse in its original condition, freight-free.

We are also entitled to demand compensation for loss in value and use of the machinery and the other objects, and if need be to offset any other payments made by the Buyer against our claims.



§ 10 Place of fulfilment and jurisdiction


Place of fulfilment and jurisdiction for payment and delivery on both sides is Aschaffenburg. If the Purchaser or Buyer is not a full merchant in the sense of § 4 HGB (German Commercial Code) then it is agreed that Aschaffenburg District Court is responsible in case claims should be applied by dunning procedure.  



§ 11 Addendum


As an addendum our deliveries are subject to the terms and conditions of the Verband Deutscher Werkzeugmaschinenhersteller (Association of German machine tool manufacturers). This also applies to international sales.



§ 12 Miscellaneous


Should we sell goods other than machinery, the above conditions of sales, delivery and payment shall apply accordingly.



§ 13 Binding nature of the contract


The above terms and conditions form an essential part of the transaction. The contract shall remain binding even if individual provisions are invalid.