Terms and conditions of delivery and payments
§1 General
1.1 Our general terms of delivery and payment are
an integral part of all our quotations, order confirmations and contracts for
the deliveries of goods in the context of transactions with registered traders
or persons of equivalent status. They apply likewise to current and future
business relations. Also applicable are the "Allgemeine Lieferbedingungen
für Erzeugnisse und Leistungen der Elektroindustrie" (General terms of
delivery for the supply of products and services of the electrical and
electronics industry) in their respective valid version, on the assumption that
these terms are known and there is no need to send a printed copy. This can be
done on request.
1.2 Deviating agreements and business conditions
are only binding subject to our written confirmation.
1.3 Orders relating to projects are considered as
approval for the development provided that they are in accordance with the
quotations.
§2 Quotations
2.1 Quotations are not binding. All quoted prices apply to deliveries to the destination specified in the quotation and are exclusive of Value Added Tax.
§3 Prices
3.1 The prices are ex works prices, packaging not included. We reserve the right to increase these prices within reasonable limits in the event of a significant increase of the costs involved in executing the order, unless the delivery takes place within 4 months after the conclusion of the contract.
§4 Payments
4.1 Our invoices must be paid within 30 days
without deduction. For small orders (net value of goods below EUR 50) we will
invoice a handling charge of EUR 15. The date of payment is the date on which
we can dispose of the equivalent sum.
4.2 Default interest of 2% above the discount rate
of the German Central Bank will be charged.
4.3 Set-offs against counterclaims of the buyer are
not permitted unless they are undisputed or recognised by declaratory judgement.
4.4 Individual samples may be invoiced. They will
be taken back within a specified period and the purchase price will be
credited. Custom-made products cannot be returned or credited.
§5 Packaging and shipping
5.1 We reserve the right to choose the mode of
shipment unless specified in the order. Packaging is charged at cost price and
is non-returnable.
5.2 Returnable packaging must be sent back free of
charge within 2 days. In case of delayed return a rental fee will be charged.
5.3 Shipment takes place at the risk of the buyer,
even if partial deliveries are made or if other services are covered by us,
e.g. delivery or shipping charges. If a transport insurance is requested by the
buyer, it must be explicitly stated in the order. Any transport insurance will
be at buyer's expense.
§6 Liability of defects
6.1 Our goods must be inspected immediately upon receipt. Complaints will only be accepted within one week after receipt of the goods and must be submitted in writing. The buyer's right to claim for defects expires in all cases 12 months from the date of timely notice of defects.
§7 Retention of title
7.1 We retain title of ownership of the delivered
goods until full payment of all our claims arising out of the business
relationship has been fulfilled, for whatever legal reason, i.e. including also
contingent incidental claims, claims for damages, bills receivable and claims
acquired from third parties. In case of a current account, our securities are
deemed to be security of the fulfilment of any balance claim.
7.2 If the customer acquires sole or joint
ownership rights by combining, blending, mixing or processing our goods (with
others), we retain title to the new goods in proportion to the value of our
goods, subject to the retention of title to the value of the newly manufactured
goods. According to §950 German Civil Code, any processing for us takes place
without obligation on our part. In case of a collision of this clause with
those of other suppliers, the processing is done jointly for all and the
proportion of our ownership depends on the relation of our goods to the others.
Storage shall take place free of charge in either case. The value of our goods
is determined by our delivery price including VAT and discount deduction.
7.3 Until fulfilment of all payment claims of the
business relationship owed to us by the customer, the goods delivered by us
resp. the goods subject to retention of title may not be utilised or used as
security. Resale is also prohibited unless customer buys goods from us for the
purpose of resale. In this case, he is revocably entitled to resell the goods
subject to retention of title in its own name and in the ordinary course of his
business, provided the claim arising from the resale is assignable.
§8 Place of fulfilment and jurisdiction
8.1 The place of fulfilment and jurisdiction for both parties in the event of any dispute arising directly or indirectly from the contractual relationship, including actions relating to cheques and bills, regardless of the place of payment and amount in dispute, is
- the local court Riedlingen for Georg Schlegel GmbH & Co. KG; at seller's option also the district court Ravensburg
- the local district court Leipzig for Schlegel Elektrokontakt GmbH.
8.2 If one of the above provisions should be wholly or partially ineffective, the validity of the remaining provisions of the contract will not be affected.
