Our written order confirmation is exclusively authoritative for our delivery and its scope. Amendments and special agreements shall only become legally effective upon our written confirmation. Otherwise, the statutory provisions shall apply.
Our prices are ex delivery works, excluding packaging, insurance, transport, disposal costs plus statutory value added tax.
The prices valid on the day of delivery shall apply. The quotations specified in offers / price lists may be changed by us.
Drawings, illustrations, dimensions and weights or other performance data in brochures, circulars, price lists, other publications or in offers and/or the associated documents do not constitute a procurement or other guarantee but serve only to describe the product. They are only approximate.
Our invoices are payable
Domestic: Within 10 days after receipt of invoice with
2% discount or within 30 days net.
Abroad: Here the payment has to take place after our choice. Net cash, or net cash against irrevocable letter of credit or against documents.
Bills of exchange and checks are accepted only on account of performance; redemption by payment by bill of exchange or check shall not occur until the respective amount has been irrevocably credited to us at our bank.
All bill, check and discount charges as well as all other costs shall be borne exclusively by the customer. Notwithstanding the above, we reserve the right to deliver only against advance payment or cash on delivery.
Withholding of payments or offsetting against claims of the customer not recognized by the supplier shall not be permitted.
If the agreed date of payment is exceeded, interest at the statutory rate shall be charged, subject to the assertion of further rights without special notice of default.
The delivered goods remain our property until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even in the event that we do not always expressly
we do not always expressly refer to this – extended reservation of title -.
If the delivered goods are installed in other plants or machines, we shall acquire co-ownership of the plant or machine concerned at the time of installation in the ratio of the value of our share of the delivery to the total value. The pledging or transfer of ownership of the delivered goods by way of security is prohibited for the duration of the retention of title. We must be informed immediately of any seizure by third parties or other events affecting our interests.
The confirmed delivery periods are subject to undisturbed operational processes, timely delivery of materials and availability of sufficient manpower.
If such hindrances or circumstances for which we are not responsible occur, a reasonable period of grace shall be granted.
If a delay of more than 20 days occurs due to other causes for which we are responsible, the purchaser is entitled to set us a grace period of a further 20 days. If this grace period is not met, the buyer is entitled to withdraw from the contract.
All other claims due to delay in delivery and claims for damages are excluded.
The transfer of risk shall take place at the latest with the dispatch of the delivery parts to the purchaser, even if partial deliveries are made.
If the dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon notification of readiness for dispatch.
the risk shall pass to the Purchaser upon notification that the goods are ready for dispatch.
The Seller shall generally take out an insurance policy amounting to 2% of the value of the goods to cover the loss and breakage of the goods, unless the Purchaser declares himself to be a SVS / RVS- prohibited customer.
Prerequisite for claiming the insurance, is an official statement of facts of the carrier, which must be provided even if externally no damage is visible inside.
Excess or short deliveries of approx. 10% are permissible and must be accepted by the customer.
The purchaser is obliged to accept deliveries with insignificant defects.
We reserve the right to make changes to the design, use of other materials, even at a later date, insofar as they serve technical progress or an improvement is achieved.
We assume warranty in accordance with the applicable statutory provisions.
We shall be liable for defects of the delivery in the event of proper fulfillment of the inspection and complaint obligations from § 377 HGB (German Commercial Code) by the purchaser as follows:
Insofar as there is a defect in the purchased item, we shall be entitled, at our discretion, to rectify the defect by means of subsequent improvement or, at our discretion, to deliver goods free of defects. If one of the two types of this subsequent performance is not possible or is disproportionate, we shall be entitled to refuse it.
Subsequent performance may also be refused as long as the customer does not meet his payment obligations towards us to an extent corresponding to that of the defect-free part of our performance.
If, due to our fault, the delivered item cannot be used by the purchaser in accordance with the contract as a result of omitted or faulty execution of suggestions and consultations prior to or after conclusion of the contract as well as other contractual collateral obligations (in particular instructions for operation, handling and maintenance of the delivery item), or if damage occurs, the above provisions shall apply accordingly, to the exclusion of further claims by the purchaser.
If the aforementioned supplementary performance is impossible or fails, the purchaser shall have the right to either reduce the purchase price accordingly or withdraw from the contract in accordance with the statutory provisions. This applies in particular in the event of culpable delay or refusal of subsequent performance, as well as if this fails for the second time.
Unless otherwise provided for in the above, any further claims of the Purchaser, irrespective of their legal basis, shall be excluded (in particular claims arising from a breach of ancillary contractual obligations, reimbursement of expenses with the exception of those pursuant to Section 439 (2) of the German Civil Code (BGB), tort and other tortious liability).
No liability is assumed for damage due to the following reasons:
Unsuitable or improper use, faulty installation or handling by the purchaser or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, as well as influences electrical or electrochemical which we cannot influence. Improper modifications or repair work carried out by the customer or third parties without our prior approval.
The claims for subsequent performance and damages shall expire one year after delivery of the purchased item.
The claims for reduction and the exercise of the right of withdrawal are excluded as far as the claim for supplementary performance is time-barred.
Place of performance and jurisdiction in all cases is Lemgo or Detmold.
German law shall apply exclusively.
Insofar as these provisions do not contradict the general terms and conditions of delivery and service recommended by the Zentralverband der Elektrotechnischen Industrie e.V. (German Electrical and Electronic Manufacturers’ Association), these shall also apply mutatis mutandis.
armatherm Fabrik technischer Messinstrumente GmbH & Co. KG
Status 01/2016