All offers are subject to change without notice. Oral, telephonic or multimedia documents shall only become binding for us upon our confirmation.
Delivery and invoicing shall be carried out according to the last conditions and prices stated by us to the purchaser before dispatch or collection of the goods. The prices stated in offers are insofar indicative prices. The prices are ex works. Unless carriage paid delivery has been agreed, the shipping costs shall be borne by the customer; expenses from the receiving station shall be borne by the customer. Freight reimbursements shall not be granted. Insurance shall only be taken out upon written request and at the expense of the customer. Shipment of the goods ex works or ex warehouse shall always be at the risk of the customer.
Our invoices are payable in Euro. Invoice amounts are payable free of postage and charges within 14 days after receipt of invoice minus 2% discount or within 30 days after receipt of invoice net cash. In the event of late payment, interest on arrears of at least 2% above the respective central bank discount rate shall be payable from the due date. Cheques shall be deemed to be cash payments, provided that they are sent to us in good time so that they can be cashed within the above payment periods. Bills of exchange and cheques shall only be credited with deduction of the corresponding interest and costs incurred by us, subject to correct receipt. Bills of exchange and cheques will only be accepted on account of payment. We do not assume any liability for the correct presentation and submission of protests. The handing over of our own or third-party acceptances, which we reserve the right to accept in any case, shall not be regarded as cash payment. Cash discount on payments by bill of exchange will not be granted. Discount charges and bill stamp tax shall be borne by the customer. No interest shall be paid on advance or a-count payments. We reserve the right to assess credit and to cancel the granting of credit at any time, even within the aforementioned payment periods, even after conclusion of the contract. We are also entitled to demand security which we deem sufficient at any time without giving reasons. If such security is not provided at our request, our claim shall become due immediately. The customer is only entitled to offset or withhold payments if his counterclaim is undisputed or has been legally established. Deductions shall only be recognised if they have been agreed. Payments made only at the place of performance shall have debt-discharging effect. Payments to employees of our company shall only be debt-discharging if they are provided with a power of collection.
Paper packaging will be charged at the cheapest rate. Boxes, crates, barrels, sacks and other packaging will be invoiced and credited at 2/3 of the invoiced value if returned carriage paid in good condition within 4 weeks after receipt of the delivery. The railway official note "defectively packed" shall never apply to our disadvantage.
Specified delivery periods are only approximate. Conflagrations, explosions, floods, official measures, strikes or other unforeseeable circumstances or cases of force majeure affecting us or the suppliers of the materials required for the manufacture of our products or the transport company shall entitle us to withdraw from the contract or to reduce the agreed delivery quantity without granting compensation and without any obligation to make subsequent deliveries and shall release us from the obligation to deliver on time.
Our information on the object of delivery and performance, on the intended use, etc. is to be regarded as approximate; they are not guaranteed properties. Deviations from samples or from previous deliveries will be avoided as far as technically possible; however, we reserve the right to deviations of 10% upwards or downwards depending on the article, including deviations in colour. No guarantee is given for compliance with specific weights and dimensions. Furthermore, the customary reservations apply in all cases.
For not insignificant defects in our deliveries and services, in particular manufacturing and material defects, we shall, at our discretion, remedy the defects by repair or replacement. In the absence of warranted characteristics, the customer may demand a reduction in payment or, at his discretion, rescission of the contract. Further claims, in particular claims for damages of any kind, are excluded as far as legally permissible. We assume no responsibility for consequential damages of any kind. The statutory limitation period of 24 months applies to all warranty claims. Time guarantee is not granted.
Complaints must be made in accordance with § 377 HGB (German Commercial Code) immediately after receipt of the goods, in the case of hidden defects in writing within 10 days of their discovery. In the case of returns, our consent must be obtained before dispatch.
Retention of title:
We reserve the title to all goods delivered by us until the invoice amounts have been paid in full. However, the purchaser is entitled to resell the goods to a third party in the ordinary course of business or to process them for him. Claims of the customer arising from the resale are hereby assigned to us with all ancillary rights. Before the invoice amounts have been paid, the customer may neither pledge the goods delivered to him nor assign them by way of security.
Place of performance for deliveries and payments as well as place of jurisdiction is Hamburg.
The above terms and conditions shall form the basis of all offers and agreements, shall be deemed to be accepted by placing the order or accepting the delivery and may be amended by us at any time. Any terms and conditions to the contrary shall be ineffective vis-à-vis us. The law of the Federal Republic of Germany shall apply exclusively to all contractual relationships with foreign partners.