Terms of delivery and return
1. terms of delivery
1.1 We deliver from our warehouse. The transfer of risk shall take place upon handover to the carrier.
1.2 Dates and delivery periods are not binding unless expressly agreed otherwise in writing.
1.3 Transport damage must be reported to us immediately, at the latest within 24 hours.
In the case of obvious transport damage, written confirmation by the carrier/parcel service driver is mandatory. The buyer must inspect the goods immediately upon receipt. Complaints (production errors, shortages, wrong deliveries etc.) must be reported in writing immediately, at the latest within 5 working days after receipt of the goods, but in any case before resale, destruction or disposal. In any case, we have the right to repair or replace the defective goods and to take them back.
1.4 Delays in delivery and performance due to force majeure and due to other unforeseeable events which make delivery considerably more difficult for us and for which we are not responsible shall entitle us to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up period. The delivery period shall also be extended by the period of time with which the purchaser is in default with the fulfilment of his contractual obligations. We are entitled to make partial deliveries and render partial services. In the case of supply contracts, each partial delivery and partial performance shall be deemed an independent performance. 5.1 The delivered goods shall remain our property until full payment of all claims including any interest has been made. 5.2 We are entitled to demand the return of the goods owned by us at any time if the purchaser is in default. 5.3 The Buyer shall notify us immediately of any access by third parties to the goods owned by us. 5.4 Transfer by way of security, sale by way of security, pledging and other dispositions of the goods owned by us require our consent. 6.1 In the event of a warranty claim, the buyer’s rights shall initially be limited to subsequent improvement or free replacement delivery against return of the delivery complained about. Only in the event of failure of the repair or replacement delivery shall the purchaser be entitled, at his discretion, to a reduction of the purchase price or to rescission of the contract. 6.2 Warranty claims do not exist if the purchaser has made or arranged for changes to the goods without our prior consent. 6.3 Warranty claims are only due to the direct buyer and are not transferable. 6.4 Warranty claims of the purchaser presuppose that he has properly fulfilled his obligations to inspect the goods and to give notice of defects in accordance with §§ 377 HGB. If there is a defect in the purchased item for which we are responsible, we shall be entitled at our discretion to remedy the defect or to make a replacement delivery. In the event of rectification of the defect and replacement delivery, we shall be obliged to bear all expenses required for the purpose of rectification of the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the object of sale has been taken to a place other than the place of performance. If we are unwilling or unable to remedy the defect or supply a replacement, in particular if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or supply a replacement fails in any other way, the customer shall be entitled, at his option, to demand rescission or reduction.
1.5 The sellers liability, for whatever reason, shall be limited to the amount of the purchase price. Unless otherwise stated below, further claims of the purchaser – for whatever legal reason – are excluded. We shall therefore not be liable for damage which has not occurred to the delivery item itself; in particular, we shall not be liable for lost profits or other financial losses of the customer. The above exclusion of liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer is entitled to compensation claims due to the absence of a guaranteed quality of the goods. Finally, it shall not apply if personal injury has occurred or claims exist under the Product Liability Act. Contractual claims of the customer due to delivery of defective goods are subject to a limitation period of one year after delivery. The regulation of § 479 para. 2 BGB remains unaffected. The shortening of the limitation period shall not apply in those cases in which we have unlimited liability under these terms and conditions.
2.1 In the case of goods which have been modified on behalf of the customer and individually adapted for the customer, we always charge 100% of the order value.
2.2 Returns of defect-free and originally packed shipments are excluded and will not be accepted by us for credit unless the return is made with our prior consent and subject to a handling fee of 10% of the value of the goods. The return must be made free of charge (“free domicile”) for us in the original packaging and in perfect condition. Returns will only be accepted with our written consent.
2.3 Sample shipments shall always be invoiced and shall not be taken back.