Terms and conditions
- Subject terms of contract
- Our offer is always subject to change. The order processing is carried out exclusively on the basis of our order confirmation as well as our general terms and conditions; other conditions are valid for us only if these are expressly confirmed by us in writing.
- Rights of the contract shall neither be assigned nor pledged by the Purchaser.
- Price setting
- Our prices are net ex works Denkendorf, excluding packaging and VAT, unless otherwise offered or agreed upon. We charge the prices of the confirmation of order. Orders under EUR 50.00 will be processed with a surcharge of EUR 15.00. If material- and labour costs increase, we are entitled to charge an appropriate mark-up for the cost increases.
- Our catalogue prices as well as the prices of offers and order confirmations are inclusive of copper base EUR 150.-/100kg and inclusive silver base € 300.-/kg. For the final settlement, the relevant stock exchange listings plus any associated purchase costs are received from the day after order placement.
- Tooling expenses are pro-rata costs, the customer does not acquire any rights on them.
- Unless otherwise agreed, the payment is due within 30 days from the date of the invoice. After the expiry of this period, the Purchaser shall also be in default without a reminder. If the buyer is in arrears, interest shall be calculated according to the respective bank rates for overdraft credits from the due date, but at least the interest rate according to § 288 BGB in the amount of 5% points above the base interest rate for legal transactions with consumers and 9% points above the base interest rate for legal transactions in which a consumer is not involved.
- If payment is made within 10 days after the date of the invoice, a 2% discount will be granted. At expiration of this payment target unauthorized deduction will be demanded in addition. Metal surcharges / freight / packaging are not subject to discount.
- The indicated delivery time determines approximately the shipping date from our factory. If we are prevented from the delivery by disturbance in the course of the business or by an unforeseen event or by our subcontractors, which despite their reasonable diligence cause a non-fulfillment of their delivery, our delivery period is extended within an appropriate limit. If the supply should become impossible by these circumstances, our obligation to supply is void.
- Partial deliveries, over-deliveries and under-deliveries of 10% and/or short lengths of the order quantity are permitted.
Disposable packaging, spools, etc. can be invoiced in individual cases at cost price. Borrowed drums, apart from drums of KTG-Kabeltrommel GmbH, Cologne (KTG drums) or other packaging will be charged with a deposit and credited after free return. Disposable drums and / or one-way packaging pass into the ownership of the buyer. If the delivery is carried out on KTG drums, the calculation of the drum rent is made directly by KTG-Kabeltrommel GmbH, Cologne according to their provisions. The corresponding guidelines are an integral part of the sales and delivery conditions and are sent on request.
- Passage of risk
Every risk passes to the customer at the latest, if the goods are reported pick-up or ready for dispatch or have left our company by handing over to a forwarder or freight carrier.
- Retention of title
- The goods remain our property until the fulfillment of all claims against the customer arising from the business relationship
- The purchaser is obliged to store the goods separately and to treat them with care. In particular, he is obligated to insure them at his own expense against fire, water and theft.
- The processing or conversion of the purchased goods by the Purchaser is permitted and always made for us, but without obligation for us. If the goods are processed with other objects which do not belong to us, then we acquire co-ownership of the new product in the ratio of the gross value of the processed product at the time of processing. If we do not acquire the ownership of the new product after the above, the purchaser is obliged to grant us co-ownership of the new product in the ratio of the gross value of the goods belonging to us to that of the other processed goods at the time of processing. The above sentence shall apply mutatis mutandis in the case of inseparable mixing or the combination of the goods with goods not belonging to us.
- In the case of the sale of the goods or of the new product, the purchaser herewith assigns to us his claim from the resale against his customer with all ancillary rights without the need for further special explanations. The assignment shall include any balance claims. However, the assignment shall only be valid in the amount corresponding to the price of the goods invoiced by us. The claim part assigned to us is primarily to be satisfied.
Third party access to the reserved goods shall be reported to us without delay
- Rights of third parties
The purchaser shall bear all risks if the supply according to design or other data provided by the purchaser violate third party patent rights.
- The Purchaser shall inspect the delivered goods immediately upon their arrival for external defects. These must be reported in writing within 2 days after the arrival of the goods, specifying the order and delivery note number together with a reference sample, otherwise no rights can be derived from them.
- Insofar as a defect of the purchased goods is to be represented, replacement delivery shall be made. Other claims, in particular to the replacement of consequential damages or a withdrawal from the contract are excluded.
- The warranty obligation shall be 2 years from the date of transfer of risk. This period is a limitation period.
- Returns of goods require our written approval.
Place of performance, jurisdiction and applicable law
- Place of fulfillment for the purchaser's obligation to pay as well as for all other contractual obligations is for both parties, Denkendorf.
- For all disputes arising from this contract, the Ingolstadt court of jurisdiction has been agreed, unless the law provides otherwise.
- The laws of the Federal Republic of Germany apply with the exception of the provisions of international private law and the UN purchase law.
The German version of the contract text shall prevail.
As of October 2016