General conditions

Device purchase

1. Placing of order
By placing an order, regardless of the form in which it is placed, the customer expressly recognizes our terms and conditions of delivery and service. All changes to these terms and conditions must be made in writing and are only valid if we confirm them in writing.

2. Payment
When placing an initial order, we only deliver after payment has been made in advance. Invoices relating to the maintenance of equipment, repairs or the supply of spare parts are due and payable immediately upon receipt of the invoice without any deductions. We are entitled to make the delivery and service dependent on concurrent payments. Offsetting or retention against our claims for payment are excluded. Additional costs for subsequently requested changes to the order placed with us shall be borne by the customer. The prices quoted by us are net prices plus the statutory VAT applicable on the day of delivery. Cash discounts are not permitted.

3. Notification of defects
Complaints about the equipment supplied by us, the repairs carried out by us and the spare parts supplied by us can only be considered if they are notified to us in writing within 8 days of receipt of the delivery and service. In the event of a complaint about equipment or spare parts, we must be given the opportunity to inspect the alleged defect. The devices or spare parts must be handed over to us in 40789 Monheim for inspection. In the event of justified complaints, we shall be entitled to choose between repair or replacement. An assignment of warranty claims is only permitted with our written consent.
In accordance with a long-standing practice in our branch of industry, claims for damages of all kinds, regardless of the legal grounds on which they are based, in particular claims arising from culpa in contrahendo, positive breach of contract and tort, are excluded against us, our vicarious agents and auxiliary persons to the extent permitted by law. Application, use and processing of the delivered goods is the sole responsibility of the buyer. Each buyer and user of the equipment supplied by us is therefore responsible for compliance with the applicable safety regulations and official regulations when using the equipment. The technical application advice provided by the seller, whether verbal or in writing, is to be understood only as non-binding information, also with regard to any third-party property rights.
It does not release the Buyer from the obligation to test the products for their suitability for the intended processes and purposes. Should the seller nevertheless be liable, this liability shall be limited to the value of the delivered goods, and in the case of repairs to the work wages. Further claims are expressly excluded. § Section 276 (2) BGB remains unaffected. Liability shall not apply to goods intended for immediate consumption. The supplier’s liability is limited to defects that occur within one year of delivery.

4. Reservation of title
The delivered goods shall remain our property until all claims arising from our business relationship have been paid in full. The default interest on late payments is 10%. The retention of title shall also extend to the processing or treatment or new items created which are deemed to have been manufactured for us and to which we acquire ownership or co-ownership in proportion to the value of our reserved goods at the time of processing or treatment or combination, without the need for a special declaration. The buyer assigns to us his ownership or co-ownership share in the newly created goods against his customer in proportion to the value of the goods delivered by us. We hereby accept the assignment. We are entitled to demand the return of the reserved goods if the buyer defaults on his payment obligations. The assertion of the retention of title shall not be deemed a withdrawal from the purchase contract. The recipient of our goods or services must inform us immediately of all measures taken by third parties that jeopardize our rights (seizures, etc.).

5. Miscellaneous
Collateral agreements or warranted characteristics of any kind are only effective if we have acknowledged them in writing. We are entitled to correct obvious errors in offers, order confirmations and invoices by written notification to the customer. The place of performance and place of jurisdiction shall be Langenfeld/Rhld. as far as merchants within the meaning of the German Commercial Code (HGB) are concerned.