conditions

Terms and Conditions of Delivery and Payment

Our Terms and Conditions of Delivery and Payment are valid for all trade operations between us and our contracting parties (hereafter called Seller) at present time and in the future. By all contract works including mounting the contracting rules for award of public works contracts (VOB) are valid within the framework of the concluded contract.

When an order differs in amount and performance from the delivered propositions, a calculation is to be made according to the services or goods actually rendered. Thus a deficit or surplus amount can be figured out so that the Buyer must not point it out formally in the contract. In case that during the complete mounting of  building components an additional expenditure is required, which has clarified itself only after filling of the propositions, then an additional charge is to be counted accordant with circumstances. Under mounting of building components it shall be understood the installation into the structural openings supplied by the manufacturer.

Cancellation of a contract

The Buyer is authorized to cancel a contract only then if he such cases in written form on the expiry of the agreed term of delivery notifies, and then nothing is undertaken by the Seller within 6 month after the receipt of the reminder by the Seller.

Property rights

All goods stay property of the Seller until he receives the complete payment. The Buyer is bound to tell the Seller immediately in writing the distrainment of the retention of title and to inform the bailee about the retention of title. The contracting entity has no right to sell, to present, to pawn or to transfer collateral security of subjects delivered under the retention of title. It is to be formally agreed, that the goods are merely lent until the complete payment.

If the subjects of the retention of title are built in as constituent parts into the plot of land of the Seller, then even yet the Buyer resigns from selling of this land or assigns to the Seller outstanding debts according to the real estate property rights amounting to the price of the objects of the retention of title with all ancillary rights.

Warranty in accordance with VOB/B 1961

The warranty afforded by the preliminary supplier is valid as warranty for materials. Any further liability of the Seller for damages, indifferently of the legal ground, particularly redhibitory action, is impossible.

Claims

The Buyer has to examine the delivered goods immediately after delivery or mounting. Obvious defects are to be claimed in written form at once, not later than 8 days after delivery. Non-obvious defects are to be claimed within framework of legal or agreed warranty liability, but not later than 8 days after detection.

Transfer of risks

The Buyer is vested with the risk to pay the price despite damages or injuries since the beginning of installation.

Withdrawal of goods

In case of contract cancellation and withdrawal of goods the Seller has the right to compensation of expenses, devolution of usage and reduction of prices. 

Conditions of payment

When the contractual services are performed by the contractor, they must be paid strictly net and at once within 8 days from the date of invoice, unless another formal agreement is expressed in contract.  By orders, which are to be executed in partial delivery, the payment is to be made according to every delivered part.

Bills of credit and cheques can be partly taken in, but not in stead of payment. When concluding a contract it is presumed, that the Orderer is able to meet financial obligations or is creditworthy. If later on any reasonable doubts arise concerning economic circumstances of the Orderer or no on account payment is made, the Manufacturer is justified to perform delivery versus payment or to demand a security within one week. If the Orderer doesn't accomplish this demand or provides no security, the Manufacturer is authorized to cancel instantly the contract without any claim of damages for the Orderer. In case of delayed payment the Seller has a right to charge interest at the current banking interest rate and to exercise further claims e.g. credit surcharge.

Calculations of costs, projects, design drawings

They remain property of the Supplier and cannot be used, copied, handed over to a third party without a permission of the Supplier. In case of a not concluded contract they are to be immediately returned to the Supplier.

Jurisdiction

If both contracting parties are entered in the commercial register as merchants, then solely the jurisdiction of business location of the Seller is in force. If some of the statements of these delivery conditions are totally or partly illegal, they don't affect all other agreements thereby.

Alteration of contract

Additional agreements are to be made in written form and only thus became a component part of the contract. Any verbal agreements are not valid.