The delivery time is always approximate. If there are any ambiguities regarding the details of the type and design of the goods to be delivered, the delivery time shall apply after complete clarification of these points by the customer. Should the customer request changes after this point in time, these can only be taken into account if they relate to catalogue goods or if work has not yet begun on goods which are based on drawings. Additional costs incurred by us in this connection shall be communicated to the customer and shall be borne by him/her. In this case, the delivery time shall begin after we have accepted the change request.
Our sales prices are quoted ex Walzenhausen. Shipping is carriage paid. Postage or freight, insurance and packaging will be charged to the recipient. For price increases of raw materials and finished parts, as well as general wage increases, we reserve the right to increase our prices accordingly.
4. Payment conditions
Unless otherwise agreed, all invoices are due within 60 days of the invoice date. In the event of overdue payment, interest on arrears may be charged. If payment is made within 10 days, 2% discount can be deducted.
5. Notice of defects
Complaints will only be accepted within 8 days after receipt of the goods. In the case of objective defects which are to be acknowledged by us, we shall, at our discretion, provide compensation, whether through replacement or repair. Any further claim for damages as well as the right of the customer to withdraw from the contract shall not be granted.
In the event of force majeure and a significant deterioration in the business circumstances, in particular the financial circumstances of the customer, we shall be entitled to rescind the order in whole or in part to the exclusion of claims for damages. This withdrawal must be declared by us within a reasonable period of time.
7. Retention of title
We reserve title to all goods delivered by us until payment of all our claims arising from the business relationship has been made. This shall also apply if the purchase price has been paid for certain deliveries of goods designated by the purchaser. The purchaser is obliged to notify us immediately of any access by third parties to the goods delivered under retention of title. The purchaser may only sell the delivered goods in regular business transactions. Until payment in full of all of our claims arising from deliveries of goods, he/she herewith assigns to us all claims he/she has against his/her customers resulting from the sale or other disposal of the goods delivered by us or based on any other legal ground. Such advance assignment is made in the full amount of the claim once such claim arises and, for reasons of security, has in rem effect with all ancillary rights. We are entitled to demand the immediate surrender of goods not yet sold in the event of default in payment or payment difficulties on the part of the purchaser.
8. Place of fulfilment
Place of fulfilment for delivery and payment as well as place of jurisdiction for both parties is Walzenhausen. With the release of the goods for shipment, the risk shall pass to the customer, even if carriage-paid delivery has been agreed. Losses and damage during transport shall be borne by the customer unless otherwise agreed.