GENERAL TERMS AND CONDITIONS
General Terms and Conditions for
Delivery and Payments
1. Scope of Application
All quotes, supplies and services by the Seller are made exclusively on
the basis of these General Terms and Conditions. The Buyer recognizes
and acknowledges the terms stipulated herein no later than with the
acceptance of the goods or services ordered. Seller hereby rejects all
general terms of business of the Buyer deviating from the terms
The Seller’s Terms and Conditions of Business remain effective for any
and all future transactions, even though the Parties do not specifically
make any renewed reference of the present Terms.
2. Technical Specifications
All technical specifications, data and dimensions are based on
information provided by the relevant manufacturer. The Seller is not
liable to verify the correctness and accuracy of such information.
All prices listed are understood “net ex place of consignment”, i.e.
exclusive of transport, insurance cost and value added tax.
Deliveries for goods in stock are made within the shortest period of
time. In the event that the goods are not in stock, the Seller shall
provide an expected delivery date. Such information is, however, non-committal.
Binding commitments to delivery dates are subject to written
confirmation in hard copy.
Partial deliveries and interim invoices are possible. Interim invoices
are payable pursuant to the terms stipulated herein.
Transport damages should be reported immediately to the responsible
haulier. The consignment is shipped cost and risk forward. Risk
transfers to the Buyer no later than the moment the consignment has been
entrusted upon the haulier or has left the Seller’s warehouse.
For deliveries to destinations outside of the Federal Republic of
Germany the Buyer shall bear all additional charges, e.g. bank fees,
customs duty, export documents, etc.
Payments are due within 14 days net (deductions not permitted) on
receipt of invoice. The Seller retains the right to determine the method
of payment if it differs from above.
In the event that the Buyer is in arrears with payment, the Seller is
entitled to charge interest of 5% over the standard rate charged by
German banks for open current account overdraft. The Buyer in arrears is
entitled to prove that the Seller experienced no or substantially lower
damages than demanded.
The Buyer may only set-off counter-claims if such counter-claims have
been largely proven, or are undisputed or have been duly acknowledged by
the Seller. The same is valid for the right of retention, which is based
on the same contractual relationship.
5. Retention of Title
The goods supplied remain the property of the Seller until the Buyer has
settled all Seller’s claims arising from the delivery.
6. Right of Return and Right of Exchange
The Buyer can return the purchased goods by arrangement with the Seller
within 8 days of original invoice date. The Seller will accept returned
goods if such goods show no sign of use, are fully operational, are
returned in the original sales packaging and the Buyer ships the goods
at its own expense.
Consumables, such as batteries, battery packs, books assembled
components, semiconductors, customized products and all products
produced by special order, software and software licenses and other data
media, labels, etc. are sold on a non-refundable basis.
Orders that have been submitted for non-storable products such as
software licenses cannot be cancelled.
The Buyer is responsible to inform the Seller in writing of any obvious
faults or defects within 8 days after delivery of the goods. If the
goods, at the time of passing the risk, are defective and the Seller has
been notified of such defect in due time, the Seller shall at its
opinion, be obliged to either rectify the defect or deliver the goods
free of defect.
All products carry the warranty policies of the respective manufacturer.
The Seller shall be liable for acts of wilful misconduct and gross
negligence by its legal representatives and employees.
10. Data Protection
The Buyer agrees to allow the Seller to electronically store personal
and company data required for the administration of the business
relationship. The Buyer may at any time request information on the
personal data compiled by the Seller.
11. Place of Jurisdiction and Applicable Law
Place of fulfilment and jurisdiction shall be the main seat of the
The Laws of the Federal Republic of Germany shall apply exclusively.
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