General Terms of Sale and Policies
I. Area of Application
1. The following general terms of sale and policies are effective for all of our offers and contracts regarding goods and services. They apply to current as well as future business relations, event without express acknowledgment. Ifwe do not expressly agree to differing conditions of the other contractual party, those terms shall be not binding forus, even if we do not expressly voice our disagreement. The following general terms of sale and policies shall applyeven if we carry out an order having positive knowledge of opposing or aberrant terms of sale of the other contractual partner.
2. The contracts contain all the agreements in writing, that were reached between the other contractual party and us regarding the execution of the contracts. Supplements or modifications need to be confirmed by us in writing.
II. Offer and Conclusion of Contract
1. We can accept an order by the other contractual party, that is to be legally qualified as an offer to conclude a sales contract, within two weeks by sending a written order acknowledgement or by delivering the ordered goods within the same time period.
2. All our offers shall be subject to change and non-committal. An offer shall only be binding for us if we expressly mark it as binding.
3. During delivery period we reserve the right to modifications in construction or form, differences in color as well as variations of scope of delivery on the part of manufacturer, as long as the object of purchase is not substantially modified and as long as the alterations are reasonable for the client.
III. Terms of Payment
1. Our terms and price lists at the time of the order shall be relevant at all times, unless rising prices of preliminary products make it necessary to increase our prices at the time of delivery.
2. Our prices are ex works without packaging, unless confirmed otherwise in the order confirmation. Our prices do not contain the legal VAT. We will disclose the VAT separately in our invoice in its legally established percentage at the time of issuing the invoice.
3. Payments are due and payable, net, within 30 days of invoice date. We give our customers a 3% cash discount if payment is made within 8 days of invoice date and a 2% cash discount if payment is made within 14 days of invoice date. If a purchaser is unknown to us, if he is in default of payment regarding another order or if we receive a negative statement as to the solvency of an orderer, we will deliver only against payment in advance or against cash on delivery. In these cases there will be a 3% cash discount.
4. A payment is regarded as effective once we can dispose of the amount. In the case of payment by cheque payment will be regarded effective once the cheque has been cashed.
5. The Buyer shall be entitled to set-off, even if he claims defects or counterclaims, only if counterclaims have been established legally binding, if they have been accepted by us or if they are undisputed. He has a right of retention only if his counterclaim is resting on the same contractual relationship.