Sales and delivery terms

1. Validity of terms

The deliveries and offers of the seller are based exclusively on these terms. Should some single terms become ineffective, this will not affect the other terms.

2. Offers

Our offers are not binding. All orders will become binding upon our written confirmation only or, if this had been left undone, upon delivery of the ordered goods.

3. Terms of delivery

Terms of deliveries and performances are not binding, provided that they had not been expressively confirmed as „fixed dates“ in written form and they only indicate an approximate period. A noncompliance with the terms gives the buyer the possibility to withdraw from the contract, only if he granted an extension of time of one month before and if he had pointed out that he will withdraw from the contract in case of noncompliance with the extension of time. A claim of damages is not possible.

4. Transport

The transport is carried out for account and at the risk of the buyer by means of a despatch mode, which is usual from the commercial point of view and completely within our discretion. The risk of an accidental loss or deterioration of the goods passes over to the buyer as soon as the goods have have left our factory. Costs for packing and transportation insurance are for the charge of the buyer. Provided that the buyer has not given a contrary order, the transport is covered by an insurance, for which we charge a premium.

5. Guarantee

We assume the liability for faults, which are caused by material or manufacturing defects for a period of six months from risk assignment. Notices of defect and other claims must be indicated to us by registered letter within seven days after obviousness; otherwise they will be considered as not indicated. Also in case of errors in view of guaranteed features of the goods we only assume the liability in the way that we eliminate the faults or that we take back the goods by reimbursing the paid price. All other claims against us, especially replacement of indirect, direct or secondary damages are not possible. Also claims, due to impossibility of performance, to positive claim violation, to faults during conclusion of the contract and to unauthorized actions are not possible, neither against the seller nor against the  debtor‘s agent respectively performance agent, provided that no intentional or grossly negligent action is known.

6. Reservation of title

The property of the goods supplied by us passes over to the buyer only after complete payment of the purchase price.

7. Terms of payment

Provided that no other payment terms are indicated in our offers, confirmation of orders or invoices the following term is valid: Our invoices are payable after 30 days from date of invoice net without deduction. The payment must be credited to our bank account within this time. All bank charges for the payment also those of German banks have to be paid by the customer.

8. Relevant law, place of fulfillment and place of jurisdiction

For these terms and for the complete legal relations between seller and buyer the law of the Federal Republic of Germany is valid. The place of fulfillment is Kitzingen, provided that the buyer is a fully qualified merchant in the sense of the commercial code, a juristic person of the civil law or separate property under public law, Kitzingen is the exclusive place of jurisdiction for all indirect and direct disputes arising from the contractual relationship.

As of May 2002