Terms & Conditions from Edelstahl-Mechanik GmbH

I. Offer, order and delivery

1 offer
Our offers are subject to change. Documents included in the offer, such as illustrations, drawings, etc., are only to be regarded as accurate in terms of dimensions and weight if this is expressly confirmed. We reserve ownership and copyright to these documents. They may not be made accessible to third parties without our consent. If the order is not placed, they must be returned to us immediately.

2. Order by telephone
Telephone orders must be confirmed immediately in writing by the client. We assume no liability for the correctness of delivery based on telephone orders.

3. Scope of the delivery period
Our written order confirmation given on the basis of the order is decisive for the scope, type and time of delivery.

4. Delivery date
We endeavor to adhere to the agreed delivery dates, although partial deliveries are permitted. However, if we are prevented from meeting such deadlines due to the occurrence of unforeseeable circumstances which we were unable to avert despite taking reasonable care given the circumstances of the individual case, for example labor disputes, unrest, official measures, operational disruptions, delays in the delivery of essential raw materials and supplies - and operating materials, the delivery time will be extended to a reasonable extent without any claims being made against us.

If the above-mentioned circumstances occur to the client, the same legal consequences apply to his obligation to accept the goods.

II. Prices
Unless otherwise agreed, our prices apply unpackaged ex works. Freight, packaging and insurance are borne by the buyer.

III. payment
Payment for individual transactions is made against advance payment or cash on delivery of the invoice amount less a 2% discount.

Invoices for ongoing business transactions are payable within 14 days of receipt of the invoice with a 2% discount or within 30 days purely net cash. For payments received late, the usual national credit rates will be charged, subject to the assertion of other rights.

IV. Retention of title
The object of the delivery remains our property until all obligations arising for the purchaser from the delivery contract have been fulfilled. If our reserved property is resold or used for another service for a third party, e.g. B. used to fulfill a work delivery contract, our reserved buyer hereby assigns in advance an amount equal to our total claim from the claims arising from the third party or third parties in order to secure our claims, as long as any claims still exist, if not already for these full assignments exist. The buyer expressly agrees to this assignment by way of security. We accept this assignment.

If the third party makes partial payments to our buyer, the amount of the claim assigned to us will only be affected to the extent that these partial payments are made to us. The buyer irrevocably authorizes us to notify the third-party debtor of the assignment of the claim in his name at our discretion. If the third party's payment is made directly to our buyer, he will only receive the amount as our money in the amount of our claims in trustworthy hands.
Pledging or transfer of security is prohibited. Payment by acceptance does not cancel the above agreement. We reserve the right to make special agreements for extensive or long-term deliveries.

Until the delivery item is transferred as ownership to the purchaser and his purchaser, they must insure the delivered items against fire, water and theft.

V. Warranty
We provide the following warranty to the buyer:
We guarantee that the purchased item will be free of defects in materials and workmanship in accordance with the current state of technology for a period of 6 months, calculated from the date of delivery of the goods to the buyer. The warranty covers, at our discretion, repair of the faulty parts or replacement delivery of defect-free goods. If a replacement is delivered, the parts in question must be sent back to us.
If we expressly acknowledge a warranty claim, the costs of the cheapest shipping will be borne by us.
Further claims are excluded.
No liability is accepted for damage, incorrect assembly by the customer or third parties, natural wear and tear, incorrect or negligent handling, excessive stress.
For materials that we purchase from other manufacturers, we assume the warranty given to us by the suppliers.
The purchaser's right to assert claims based on defects expires 6 months from the time of the timely complaint, but at the earliest upon expiry of the warranty period.
Warranty claims will only be taken into account if they are made to us in writing immediately after a defect has been discovered.
VI. Shipment
The goods travel in all cases at the buyer's risk, even if the price is free of charge to the destination or if we are otherwise involved in the freight or shipping. Transport insurance is covered at the expense of the client.

VII. Place of performance and jurisdiction
For all rights and obligations arising from transactions, transactions and negotiations with us, both our customers and us, including non-merchants of the H.G.B., Göppingen is exclusively agreed as the place of performance and jurisdiction.

As of: February 2012