General terms and conditions

1. Deliveries and services
Our deliveries, services and offers are made solely on the basis of these terms and conditions. These conditions shall also apply to all future business relations even if the conditions are not expressly agreed upon again. These conditions shall be considered as accepted by the customer on receipt of our goods or services at the latest. Counterclaims on the part of the purchaser, referring to their own general terms and conditions, are hereby rejected.

2. Offers - orders
Our offers in any form are without obligation. Orders may be cancelled with our consent.

3. Packaging
Packaging shall be charged at cost price and shall not be taken back.

4. Prices
The prices confirmed by us in writing apply ex works, excluding VAT, and are based on current material prices and wage costs. With changes in market conditions, we shall be entitled to charge at the price applicable on the day of dispatch. For immediate deliveries, the invoice shall serve as order confirmation.

5. Delivery time
The delivery times stated are non-binding but shall be adhered to as far as possible. Non-adherence to the conditions of payment, subsequently discovered credit problems or unreasonable impediments to delivery shall entitle us to a complete or partial withdrawal of our services.

In such an event, claims for damages against us are excluded. The delivery time shall only commence when the details of the order have been settled to the mutual satisfaction of both parties and on issue of our written order confirmation. Any form of force majeure, such as fire, damage to machinery or any other interruption of operations, delays on the part of suppliers, industrial action, etc.) shall release us from any agreed delivery date or, at our discretion, from the obligation to deliver.

6. Quantity delivered and packaging
We reserve the right to make excess or short deliveries depending on the size of the item to be delivered by up to 15% for larger item quantities and by up to 30 % for smaller item quantities.

7. Shipping
The items shall be shipped at the risk of the customer even if delivered carriage paid. Where no specific requirements regarding shipment have been set out in the purchase order, transportation shall be effected at our best discretion but without any obligation on our part for the cheapest and quickest method of transport. We reject any liability for use of any specified shipping instructions and any claim for reimbursement of any differences in freight costs. We are liable only for the correct dispatch by our employees.

8. Notice of defects
Notices of defects and nil notifications shall only be considered within 8 days of receipt of the item by the customer. Prior to dispatch to a third party, the item shall be inspected but shall otherwise be considered as delivered according to contract on its dispatch from the works. In the event of justified and timely filed complaints regarding the quality of the parts manufactured by us, we reserve the right either to take the items back at the price charged or to deliver replacements. No further claims on the part of the customer shall be admitted.

9. Payment
Full net payment is due within 30 days. If the purchaser falls behind with a payment or we do not receive a satisfactory explanation for the delay, we have the right to refuse to fulfil the orders or to demand prepayment. A discount is only possible if all invoices due have been settled in full.

10. Retention of title
We reserve the right to retain title to the items supplied by us, irrespective of whether they have been machined or further processed or a combination of the two, up to the complete fulfilment of all receivables that are payable to us for whatever reason.

The purchaser is authorised to sell on the item subject to retention of title only within the ordinary course of business and under the following stipulations:
As security for us, the purchaser shall assign us his claim against his customer arising from the resale of the reserved item only on conclusion of the sales contract with the customer. No specific declaration of assignment to us is required in each individual case. The purchaser shall pursue recovery of the entitlement arising from the resale despite the assignment to us. We shall only recover the entitlements if the purchaser fails to fulfil properly his payment obligations to us. At our request, the purchaser shall be obliged to make the debtors of the assigned claims and the claim amount known to us and to inform the debtors of the assignment. Pledges or assignment of the items as security are not permitted.

11. Place of performance and jurisdiction
For all deliveries and payment, the place of performance is Herscheid, place of jurisdiction Plettenberg.

12. Additional agreements
All agreements made verbally or over the telephone shall not be valid unless confirmed in writing. Any conditions other than those above shall only apply if specifically acknowledged by us in writing.