Terms and Conditions

Unless otherwise agreed in writing, the following terms and conditions of sale and delivery shall apply, supplemented by the latest version of the International Commercial Terms (Incoterms^®).

Our offers are subject to change without notice unless their binding nature has been confirmed by us in writing.

Our prices are exclusive of value added tax.

Orders shall only be deemed accepted upon our written confirmation. If the content of the order confirmation deviates from the order, the order confirmation shall apply, unless the buyer immediately objects to the order confirmation in writing.
In the case of a purchase based on a sample or specimen, the characteristics of the sample or specimen, as well as all other information about the goods, shall only be deemed typical for the goods in question.

Delivery dates confirmed by us are subject to the proviso that we ourselves receive the goods from our suppliers properly and on time. Force majeure of any kind and other disruptions beyond our control, in particular delivery and import bans imposed by authorities, strikes and disruptions at production and transport companies, and disasters, release us from compliance with confirmed delivery dates or from the obligation to deliver, without the buyer being entitled to claim damages from us.
We undertake to notify the buyer immediately upon becoming aware of the occurrence of force majeure. Failure to meet agreed delivery dates entitles the buyer to withdraw from the contract due to delay if he has previously set us a grace period of at least 2 weeks with the threat of rejection without success.

The delivery shall be deemed to have been effected upon handover of the goods to the carrier. The risk of accidental deterioration and loss of the goods shall pass to the buyer.
Transport insurance shall only be taken out at the express request of the buyer, on behalf of and at the expense of the buyer.

Customary deviations in quantity, either upwards or downwards, do not require the prior consent of the buyer. Complaints must be reported to us in writing immediately after discovery of the damage, at the latest within 7 days of arrival of the goods at their destination, unless the defects are not apparent. Rejected goods must be kept in the condition in which they were found at the time the defects were discovered for inspection by us or our representative. We will remedy justified defects at our discretion by means of a price reduction, exchange or return of the goods.

Our liability for damages resulting from the delivery of defective goods or incorrect delivery is limited to the reduced value or the purchase price of the rejected part of the delivery. Further claims of any kind against us, in particular for damages, including consequential damages, are excluded. We purchase and deliver in accordance with the quality and content specifications provided by our suppliers.

Expenses and costs of the payment transaction shall be borne by the buyer. We only accept payments by cheque if this method of payment has been agreed. For cheque payments, the date of payment shall be the date on which our banks credit the amount. We accept no responsibility for any loss of the cheque during transport. In the event of late payment, we shall charge interest at the standard bank rate.
Complaints do not entitle the buyer to withhold payment in whole or in part within the agreed payment period. If a significant deterioration in the buyer's financial circumstances becomes known and/or the buyer defaults on payment, we are entitled to demand immediate payment of all outstanding invoices, including those not yet due, and are only entitled to make further deliveries against advance payment.

We deliver only under retention of title until all our claims have been paid in full. The buyer undertakes to grant us or our agents access to the goods subject to our retention of title at any time. If the buyer is in default of fulfilling his obligations, we shall be entitled to dispose of the goods subject to our retention of title. The buyer shall have no claim against us for transport, storage or other costs incurred by him for these goods. As long as the buyer fulfils his obligations to us as agreed, he shall be entitled to further process and sell the goods subject to retention of title in the normal and proper course of business, but only subject to the following condition: If the buyer sells the goods delivered by us or if the goods are delivered to a third party – regardless of their condition – the buyer hereby assigns to us, until all our claims arising from these goods deliveries have been settled in full, the claim against his customers arising from the sale, with all ancillary rights, including the claims for damages arising from this legal transaction of resale or installation, in the amount of the invoice value of our deliveries, without the need for a special declaration of assignment in each individual case.
We may demand written assignment at any time. The purchaser is only authorised to collect the assigned claims on our behalf in a fiduciary capacity as long as he meets his payment obligations to us.

The place of performance for our deliveries is the respective loading location;
the place of performance for the buyer's services is our company headquarters.

The place of jurisdiction is Ludwigshafen. German law applies.