Terms and conditions
Your purchase conditions cease to be in force due to our terms and conditions.
Our following conditions are an essential part of our contracts of purchase and provisions of labour. All agreements which conflict with this or exceed them require our written consent. Deviating terms and conditions of the purchaser are non binding for us even if we do not expressly object to them.
2. Offers and contract conclusion
All offers are non-binding and apply subject to optional metal sheet covering. A conclusion becomes legally effective only with our written order confirmation whose content thus becomes the contractual basis. The drawings handed over to the purchaser as well as our suggestions are our intellectual property, they may therefore not be passed to third parties and can be demanded back from us at any time. With suggested materials, we do not give any warranty for the material's suitability for the purpose of the purchaser.
3. Scope of delivery
The scope of delivery is specified in the order confirmation. Delivery of plus or minus 10 % is permissible with special designs. Dimensions and weights in our figures, drawings and written material are only approximate values, whereas subsequent changes are subject to exceptions. We reserve the right to make changes to our models, such as design changes and the like, at any time. We are also entitled to deviate from dimensions and weights specified to the purchaser within the limits of commercial tolerances. If outturn samples are made on the basis of submitted drawings or samples, then these shall prevail for the execution of the order. The weights or quantities specified by us shall be binding for invoicing. Complaints about the delivered quantity must be made immediately, no later than 1 week after receipt of the goods.
Our prices are valid ex works. The purchaser has to assume the costs for packaging, loading, customs duties and the like. Our prices are based on the cost factors valid at the time of contract conclusion; if these are changed prior to delivery, then we reserve the right to adjust prices accordingly unless fixed prices were agreed upon.
With shipments made to third parties, an additional payment of € 8.00 (domestic) and € 16.00 (abroad) will be charged.
5. Delivery time
The delivery time specified by us shall be deemed to be approximate only. It starts on the day of order confirmation, however, not before all details of execution and all prerequisites to be complied with by the purchaser are clarified. Day of delivery shall be deemed to be the day of loading or readiness for dispatch. Changes to the design suspend the delivery date and require adjustment of the same. If we default on delivery, the purchaser may withdraw from the contract after a suitable extension in so far as work has not yet started. We are entitled to deliveries prior to expiration of the delivery time as well as to partial deliveries. Events of Force Majeure shall entitle us to postpone orders and delivery by the duration of the inhibition plus a reasonable lead time or to withdraw from the contract concerning the part not yet fulfilled. Force Majeure is understood to mean circumstances that considerably impede or economically preclude our delivery. Purchaser claims for damages due to late delivery or withdrawal from the contract are excluded.
6. Shipping and packaging
Shipment and carriage of goods will be at the cost and risk of the purchaser. Deliveries will always be made carriage forward. Packaging material and costs are charged at the lowest price and are not returnable. We may choose the type of packaging. The risk shall pass to the purchaser after the delivered merchandise has left the factory.
The purchaser has to examine the goods without delay and notify use of any defects in writing no later than 1 week after the receipt of the goods. Defects that cannot be detected within this deadline, even with the most diligent examination, are to be reported to us immediately, at least no later than one week after the defect has been determined. With unverifiable material or execution errors, we will be liable for a period of 6 months after the transfer of risk in such a way that we will replace or repair or make compensation delivery for all defective parts at no cost after carriage paid return. Additional claims of any kind, in particular damages, replacement costs, freight, lost profit etc. are precluded. If the purchaser has carried out rework, then these will be borne by the same. We also refuse any complaints in the case of own rework on the part of the purchaser. There is also no right of change or reduction. Defective parts that are being replaced become our property. We will not accept any liability for defects that can be attributed to faulty models or design provided to us. We will be liable for foreign products delivered by us only to the extent that our subcontractors warrant their makes to us.
8. Models and tools
With items differing from the catalogue, the purchaser has to provide models, core boxes and the like in the proper form free of charge and carriage paid. The models and the like, manufactured by our suppliers on behalf of the purchaser, become our property even if they are charged proportionally. The models shall remain the purchaser's property only if the purchaser bears all costs. The purchaser shall bear the costs for the maintenance and modification of the models. With serial production, the charge of pro rata costs for the production of dies and moulding plates is reserved for production that is not according to catalogue, likewise the pro rata calculation of tools for special models. Dies, model moulding plates and tools will not be sold.
9. Payment terms
Our invoices are payable immediately within 8 days of from the date of invoice at a 2% discount from the pure value of goods or within 30 days net.
Minimum domestic order value € 130.00
Minimum order value abroad € 255.00
Models must always be paid for in advance. We charge a minimum quantity surcharge for small orders (less than minimum order value). These orders are payable immediately without any discounts.
Payments will always be offset against the oldest outstanding invoice. Cheque payments are not considered payments until they are properly credited on our account. Any possible complaints do not release the purchaser from prompt compliance with the payment date. If the payment is late or deferred, we are entitled to charge interest and commission rates of 1% above the respective bank rate, without the necessity of a reminder.
10. Title retention
The delivered goods shall remain our property until all our demands, even future ones, have been paid in full, even if the purchase price for separately identified demands has been paid. For open accounts, the reserved title shall be deemed to be security for the outstanding amount.
All machining and processing of goods delivered by us, title to which is retained, shall take place on our behalf, but we shall not be under any obligation thereby.
If the purchaser processes or connects our goods subject to retention of title to other items, then the purchaser shall transfer its rights of ownership or co-ownership of new items and shall preserve these rights for us with commercial diligence.
The purchaser is entitled to resell the goods as part of ordinary business transactions. The purchaser is not permitted to pledge or grant security interests. The purchaser has to inform us immediately of the pledge or any other restriction on our rights by third parties.
If the purchaser sells our goods subject to retention of title, then it assigns to us all its claims arising from such a sale up to the value of our sum of invoices, whether it has sold the items unprocessed or processed together with other services, benefits or whether it has sold them to one or several buyers. The purchaser shall be authorized to collect the purchase price for us. On our demand, the purchaser shall inform third parties of its assignment made to us and provide us with the information needed to exercise our rights against the third party purchasers and with the documents for collection purposes.
11. Place of fulfilment
Place of fulfilment and place of jurisdiction for delivery and payments shall be Siegburg for both parts. The same applies to payments made by cheque. Business transactions only according to German law.
ARMATUREN-ARNDT GMBH - 53842 Troisdorf (Spich)