All, also future deliveries and services subject to these terms. Verbal agreements, subsequent contractual changes, the recognition of business or purchase conditions of the buyer / tenant, as well as guarantee of the properties of the goods shall be invalid unless there is a written confirmation from the seller.
All offers are subject to change. Technical data, operating hours, operating and consumption costs, weights and dimensions are approximate, unless they are explicitly assured (written down) by the seller.
All contractual and non-contractual relationships refer to the law of the Federal Republic of Germany. Excluding the standard law on the international sale of mobile goods / items.
All prices are net cash, plus the valid VAT (at the time of delivery).
All additional costs, such as: loading, dismantling, packing, transportation, storage, use of replacement parts or accessories, mounting, forwarding, financing costs, enforcement of securities, are at the expense of the buyer, unless otherwise agreed (in written form).
Payment to the seller is due no later than upon delivery, or while loading, without deduction.
In case of default all liabilities will be charged interest by 1% per month. The interest rate will start no later than the last day of the month following to the date of the invoice.
Drafts and checks are undertaken to pay. Discount, protest and other charges have to be taken over by the purchaser.
Offsetting and retention by the buyer are excluded, even if the assertion of claims.
Delivery is from location of the machine, part deliveries are permitted. The transfer of risk to the buyer is with the announcement of the provision for loading. Latest with the shipment of the purchased goods, even then, if there is partial delivery. This applies even if the seller takes over the costs of delivery without delivery.
If the seller chooses the means of transport, this also excludes liability for damage or loss during transportation.
Place of performance for all deliveries and services is only Bad Woerishofen.
The seller is ready to meet all deadlines, as far as the buyer has fulfilled all contractual obligations. Otherwise, the delivery shall be extended accordingly. The delivery shall be extended upon the occurrence of events which are beyond the control of the seller, such as strikes, lockouts, stoppages and in the case of force majeure. Upon the occurrence of the circumstances described above the buyer is not entitled to cancel the purchase and / or to claim damages.
The Buyer will be in default if he does not take over the subject of the contract within two weeks after notice of readiness of delivery or completion. After a grace period, the seller shall be entitled to rescind the contract or claim damages for non-performance. The seller is entitled to either demand the actual damages or 15% of the agreed price as compensation.
The seller retains title to all goods and services until the buyer has paid all, including future claims .
The delivered item may only be sold to a third party with explicit written consent of the seller.
If the purchaser of the goods mixes the delivered part of its dedicated use with other items , then the property of the seller expires. The buyer shall already give the rightful ownership to the new owner or the goods to the extent of the invoice value of the goods to the seller. If a third party gets rights to the delivered items, so all the accrued rights of customer , additional, security and enforcement rights convey to the seller, at the moment of their accruement.
If the purchaser is in default of its obligations or violates his contractual obligations in a different way, or if he paid, the remaining debt is due, even if there is a draft with later maturity.
If the entire balance is not paid immediately, it will invalidate the use right of the purchaser of the reserved goods. The seller is then entitled to demand the immediate return of the exclusion of any right of retention. All associated costs takes over the buyer. Late payment and payment termination, as well as breaches of contract by the buyer , the seller can make demands or he has the right to cancel the ongoing contracts.
In case of delay in payment and payment termination, as well as breach of contract, the seller may give customer a period of grace of eight days, combined with the declaration that he refuses after that deadline compliance. After the unsuccessful expiration the seller is entitled to withdraw from the contract and to claim damages for non-performance.
The seller hires a public-appointed expert or an independent expert company that calculates worth of the object. If the purchaser does not agree to the valuation of the expert, the president of the district court, which is responsible for the buyer, will appoint the experts. The costs will bear the buyer.
The supplier is responsible for brand new products for the current state of the art (accuracy) for six months. For multi-mode for three months, after delivery.
The warranty covers the reasonable discretion of the seller replacement or repair. The replaced parts shall become the property of the seller. When failure of the repair, the buyer is entitled to rescind the contract or reduce the purchase price. Further warranty claims are excluded. The buyer is not entitled, without the written consent of the seller to make repairs or otherwise give to third parties in order. Used goods are not subject to warranty or guarantee, except by written down agreement.
The buyer has to check the delivered goods immediately upon acceptance and to report any defects within a period of eight days in writing. The failure of the hour meter is immediately in writing.
Exclusive jurisdiction is Memmingen. In accordance with German law.