The following general conditions are applicable to all sales and deliveries unless otherwise agreed in writing. The customer’s general business conditions are binding on us only if we have agreed to them in writing.
Our offers are subject to change without prior notice. Binding contracts are concluded only by confirming our order in writing or by delivery. We can deviate from our representations with respect to volume, weight, composition and quality, as long as these deviations are insignificant.
Our representations as to delivery dates are approximate only, unless we have given a binding commitment in writing.
We sell and deliver only those products that are included in our attached price list that is valid at the time of entering into the contract. We can fulfill an order through deliveries in various terms. Each installment can be billed separately. Call forwarding notice orders will be executed on time if we receive the notice at least 14 days before the desired delivery date.
We will be exempted from our obligations to execute our sales contracts in a timely manner due to force majeure, work stoppages, labor disputes or other disturbances that affect us or our suppliers that are beyond our control and responsibility and that are not caused. By intent or gross negligence on our part, while the disturbances and their consequences persist.
a) Unless we receive express written shipping instructions from our customer, the shipping method is determined by us.
b) Shipments are made from our plant in Goettingen or from our stock in St. Louis, MO, USA, in the absence of any agreement to the contrary.
c) The risks of loss or damage to the merchandise sent a pass to the customer at the time of delivery of said merchandise to the freight forwarder.
Our prices include packaging costs, but not Value Added Tax. The customer bears the shipping costs unless otherwise agreed. Prices are subject to change without notice. If the price increase exceeds the general living costs, the customer may terminate the contract within two weeks.
a) Our invoices are payable net, within 14 days from the date of the respective invoice.
b) Payment by check or bill of exchange is effective only after these instruments have been cleared and paid. The discount on bills of exchange and any collection and other bank charges are borne by the customer.
c) In the case of our personalized services, we may demand 50% of the final agreed price before starting the service.
d) If the client is declared insolvent or if a bankruptcy or reorganization procedure is initiated
on your behalf, we may require payment of the purchase price in advance or the publication of a suitable warranty.
e) The client can only present a claim with uncontested claims, with a claim that has become res judicata, respectively, with a contested claim but ready for decision. In particular, the customer is not authorized to withhold or reduce the payment of the invoices owed, in case of the objection of the goods.
a) The ownership of the goods delivered by us does not pass to the customer until the customer has fully complied with all his obligations arising from his business relationship with us. As long as we retain ownership of these assets, they cannot be pledged or assigned under a security agreement. The customer may sell the merchandise only in the normal course of his business.
b) The client assigns us, as collateral, all accounts receivable resulting from the sale of our goods, up to the number of our unpaid invoices. This security interest must take precedence over all collateral in these accounts receivables that the client grants to his other creditors. The payments that the client receives on the accounts receivable resulting from the sale of our goods must first be credited to the part of the accounts receivable that is not covered by our security interest.
c) As long as we have a security interest on our assets or on accounts receivable resulting from their sale, the client must provide us with any information we need to protect our rights. This, in particular, applies to liens and other forms of seizure with respect to our property, or any accounts receivable assigned to us. The costs of the measures that we must adapt to protect our guarantee will be borne by the customer.
d) Without prejudice to our right to collect the accounts receivable that are assigned to us, the client is authorized, subject to revocation in applicable.