Terms of Trade
1. Applicability of contract
1.1 These conditions apply to supplies of goods and the provision of work and services, and all other supplies and services provided by us to our customers.
1.2 Quotations are without obligation. Orders are only binding on us if they are confirmed by us or fulfilled by the delivery of the goods. Subsidiary verbal agreements are only valid if confirmed by us in writing.
All supplies of goods, including those made within the framework of manufacturing and cost-plus contracts, are subject to the following terms and conditions:
2.1 All supplies are consigned ex-store, Laupheim. All consignments are transported at the buyer's risk.
2.2 Delivery dates are only binding if they have been expressly confirmed by us.
2.3 We reserve the right to make part deliveries. In every case, we reserve the right to supply later versions of the ordered goods, provided they comply with the agreed specifications and are not dearer than the ordered goods.
2.4 If a delivery will be delayed beyond a fixed, agreed date for reasons for which we are not responsible, we will notify the customer accordingly without delay. In this case, both sides will be entitled to withdraw from the contract if we are unable either to supply the goods within two weeks of the date of notification or are unable to confirm a new, binding delivery date which falls no later than two weeks after the originally agreed delivery date
3. Changes to purchase orders
Any additional costs incurred as a result of retrospective changes requested by the customer are to be borne by the customer.
4. Prices, terms of payment
4.1 Unless otherwise agreed, our prices apply to goods ex-store, excluding packing.
4.2 Goods and services will be charged in accordance with the daily rate or list prices in effect on the date of receipt of the purchase order.
4.3 The offsetting and assertion of rights of retention will only be permitted if the underlying counterclaims are undisputed or confirmed as valid in law.
5. Guarantee and compensation for loss
5.1 We reserve the right to replace or repair goods supplied by us which prove to be faulty. If these measures prove unsuccessful, the customer will be entitled to a reduction in the purchase price of the goods or to rescind the order for the faulty goods, at his discretion.
5.2 Complaints will only be considered if notified in writing, accompanied by documentary evidence, within eight days of receipt of the goods or, in the case of hidden defects, as soon as they are discovered and in any case not later than six months after receipt of the goods.
5.3 In every case, an assurance of guaranteed characteristics requires our express declaration. The guarantee period is six months from the transfer of risk in the case of purchase order contracts or the date of acceptance in the case of manufacturing contracts. At the end of this period, even claims for compensation in respect of possible losses consequent upon defects will be barred as being out of time, in so far as they do not relate to claims arising out of actionable tort.
5.4 Unbreakable fencing blades, as such, do not exist. As a result, no liability under guarantee whatsoever will be accepted for a broken blade, even when used in a typically sporting manner, unless the customer can provide us with evidence of a material defect.
5.5 In so far as is permitted by law, our liability for the payment of compensation, irrespective of for what legal reason, will be limited to the invoice value of that quantity of our goods directly involved in the event underlying the claim.
5.6 With the exception of claims for compensation arising out of actionable tort, any claims against us for compensation arising herefrom will be barred as being out of time in accordance with the relevant official regulations, and in any case after two years at the latest from the provision of the service on which the claim is based.
5.7 Printed items and special ordered equipment according to customer’s request are non-returnable.
6.1 Our invoices are due for payment within 30 days of the invoice date, without any deductions.
6.2 If the period of grace for payment is exceeded, interest will be charged at the usual rate of bank interest on debits and at least 3% above the basic rate of the Central European Bank. The right is reserved to assert any other claims for loss.
6.3 If payment is delayed and a well founded doubt arises as to the buyer's creditworthiness or ability to pay, we will be entitled, without any of our other rights being affected, to demand securities or prepayments for any further supplies and to declare all debts arising out of the business relationship as being due for immediate payment. In such cases, we may also supply on a cash on delivery basis only.
7. Retention of title
7.1 Until debts arising out of the business relationship with the buyer have been paid in full, any goods sold will remain our property. The buyer is required to notify us immediately of any access by third parties to the goods to which we have title (reserved goods), particularly any measures enforcing a judgement or other attachments, and of any damage which has occurred to the reserved goods.
7.2 The retention of title also extends to the full value of products deriving from the processing, mixing or combining of our goods, whereby we are to be regarded as manufacturers. If our goods are processed, mixed or combined with the goods of third parties to which the latter have title, we will acquire co-ownership pro rata to the invoice values of the processed goods.
7.3 Any debts by third parties arising out of the resale of goods are to be immediately assigned to us as security, either in total or for whatever sum relates to our proportion of the co-ownership (cf. clause 7.2.).
7.4 The goods and any debts arising in their stead may neither be pledged to a third party nor transferred or assigned as a security until the debts owing to us have been paid in full.
8. Concluding provisions
8.1 All complaints, cancellations and notices of termination on the part of the customer are to be declared in writing.
8.2 If one or more of the provisions of the contract or these conditions is or becomes ineffectual or incapable of fulfilment, the effectiveness of the remaining provisions shall not be affected thereby; in such a case, moreover, the relevant official regulations will continue to remain in effect.
9. Choice of law, legal venue and place of fulfilment
9.1 The contractual relationships between the parties shall be subject to German law.
9.2 The place of fulfilment for delivery shall be the point of dispatch of the goods; for the payment thereof, the place of fulfilment shall be Laupheim.
9.3 In the event of any disputes arising in connection with the contract or these conditions, the sole court of arbitration shall be the County Court of Biberach or the District Court of Ravensburg if the domicile or usual residence of the customer is not located in Germany or is unknown at the time of the institution of legal proceedings.