Article 1: GENERAL
These general conditions apply to all of our supply contracts and technical equipment.
This rule is only deviated from if special conditions have been agreed in writing for a particular transaction.
By the mere fact of the order, our contractual partner expressly recognizes these general terms and conditions, which regulate our relationships, unless there are contrary provisions that have been formally accepted by us in writing.
Article 2: CONCLUSION OF THE CONTRACT
Our verbal or written offers, our samples, the information included in our documentation and our tariffs are always sent as an example and without any formal obligation, until the final conclusion of the contract or until the parties have signed the order.
Our offers, orders, estimates, etc., even if they have been sent by our possible representatives, can only have an effect after formal approval by the person in our management who is authorized to oblige the company.
In all cases, our offers are only valid if they are accepted by the recipient (s) within 5 days of their issue.
Article 3: PRICE
Except in the case of special contractual provisions, our price lists are purely indicative and in no way bind us.
Our prices are subject to change without notice; they apply to products delivered ex works, plus costs, packaging and taxes.
The shipping costs are charged to the customer. The goods will be invoiced according to the conditions of the tariff valid at the time of the delivery date.
Article 4: DELIVERY DEADLINES
The delivery times are given purely for information and information purposes and are not binding.
Any delay in delivery cannot result in the order being canceled or compensation.
In the event of a random event or force majeure, AG R. WEISSHAUPT is released from the obligation to deliver, in particular in the event of a general strike or a partial strike, in the event of floods, fire, war, storms, etc.
If the delivery cannot take place at the agreed time due to circumstances that are the responsibility of the buyer, the resulting storage costs will be borne by the buyer.
Article 5: TRANSFER OF RISK AND RESERVATION OF TITLE
AG R. WEISSHAUPT remains the owner of the goods delivered until the price has been paid in full. Checks and transfers are only considered a means of payment from the time they are actually cashed.
The buyer is the guardian of the goods that have been sold under retention of title. He is liable for the risk of loss, theft or destruction of the material from the time of delivery and is obliged to insure said material at his own expense, the receipt being presented to the seller at the seller's first request.
If the buyer fails to pay even part of the price on the agreed due dates, AG R. WEISSHAUPT can demand reimbursement of the material supplied at the buyer's expense and risk, and AG R. WEISSHAUPT reserves the right to claim damages from the buyer claim the damage it would have suffered as a result of not performing its obligations and taking back the material.
Article 6: INTELLECTUAL PROPERTY RIGHTS
All our drawings, sketches, plans and technical data remain our full property and can under no circumstances be copied for the benefit of third parties.
Article 7: COMPLAINTS and warranty
Complaints are only valid if they are made by registered mail within 8 days of purchase or delivery for obvious defects affecting the material.
After this period has expired, the invoice is regarded as expressly accepted.
However, a complaint or dispute does not allow any suspension of payments.
We guarantee that our devices will function properly for a period of 12 months from the date of the invoice.
Any change or repair carried out by the customer or a third party releases us completely from our liability.
The warranty does not cover parts that have been damaged due to incorrect handling or incorrect operation.
Article 8: PAYMENTS
Any amount must be paid no later than 30 days from the invoice date, including all taxes.
Every unpaid amount bears by law and without prior notice of default, monthly contractual interest at the rate of 1,5%.
In the event of non-payment within 8 days from the sending of a notice of default by registered letter by our company, the amount due will be increased in addition to the contractual interest specified above by a penalty clause of 15% of the said amount excluding VAT and interest with a minimum of € 50 .
The purchase price is always payable at the headquarters of our company.
If the buyer fails to pay several bills, the payments he will make will be based first on any late payment interest and then on the debts which are not covered by any guarantee in favor of the obligee, especially those for which no bills of exchange have been issued.
All obligations entered into towards us are declared indivisible and accepted by the debtor, without prejudice to the usual or expressly defined solidarity.
The seller reserves the right to require advance payments or guarantees from the buyer.
Article 9: Validity
These general conditions regulate the relationships between the parties within the framework of all supplementary legal provisions.
For the clauses that are or could become void, the parties refer to the law in relation to these possible points without the contracting party being able to question the other provisions of these general conditions.
This text represents our usual general terms and conditions. We are, however, ready to make the changes that we would be asked to make as far as possible.
In this case, the deviations must be recorded in a separate contract.
Article 10: PLACE OF JURISDICTION
Every challenge is brought before the jurisdiction of the Aachen judicial district without our contractual partner being able to raise any objection in this regard, not even for linguistic reasons, because of the assertion of the warranty, because of an action for intervention or an action for a declaration of the judgment in common.
The same rules of jurisdiction apply to international business.
In all cases only German law is applicable.
ARTICLE 11: ACCEPTANCE
Any acceptance must take place in our factory prior to shipment.
The purchase costs are borne by the buyer. We formally disclaim any responsibility for acceptance tests carried out outside of our factory.
If the buyer does not accept the goods or does not have them carried out, these will be regarded as definitively approved or accepted in our factory.
WEP / RAW / 06-2009