1. Conclusion of Contract
Our offers are non-binding. Our deliveries are exclusively subject to our Conditions of Delivery and Payment. Side agreements and changes, especially by our sales representatives, have to be confirmed by us in writing. Terms and conditions of trade of the Purchaser are only binding for us in case we have acknowledged them in writing.
2. Prices, Packaging
Unless otherwise agreed, our prices are to be understood ex works, including packaging. They are non-binding within the context of the legal guidelines.
The delivery will be carried out after receipt of payment. The risk will be borne by the Purchaser as soon as the goods have been dispatched. This also applies in case no transport costs are charged. The means and the way of transport will be decided by us unless otherwise agreed. Should the Purchaser wish to have the consignment insured, we will at the expense of the Purchaser insure the consignment against damages by transport, breaking, fire and water. Also in our customers' interest we reserve the right to carry out partial deliveries. Each partial delivery has to be regarded by the Purchaser as the execution of a separate order with respect to these Conditions of Delivery and Payment. In case of delayed delivery and other delivery problems which are due to Force Majeure or due to circumstances which are equal to Force Majeure we are not obliged to pay damages.
5. Acceptance of the goods
The Purchaser undertakes to examine the goods immediately after receipt. Complaints concerning the delivery of a too small quantity and / or defaults can only be accepted by us if they are made within 10 days after receipt of the goods by the Purchaser, by presentation of the delivery note. Assured qualities of the goods are only those expressly mentioned as assured in the contract of sale, in the invoice or in the offer. Minor deviations in colour, quality, weight and measurements do not justify a complaint. In case of complaints which are made in time and which are acknowledged by us as justified, we may choose whether we deliver substitute goods or whether we take back the goods about which complaints have been made and reimburse the purchase price. More extensive claims, especially claims for damages, also in case of delivery not having been carried out or delayed delivery, are excluded as far as legally admissible. We have the right to inspect and check the goods about which complaints have been made.
6. Warranty and Liability
The Purchaser has to keep his contractual obligations. In case a complaint concerning a default is made by the Purchaser, about the justification of which there is no doubt, payments of the Purchaser may only be withheld to an extent which is proportionate to the arising defaults. Information concerning the possibilities of use and application of our products, advices and other tasks correspond to the best of our knowledge, but they are without obligation and any liability is excluded.
7. Place of Fulfilment and Jurisdiction
In case the Purchaser is merchant, the only place of jurisdiction in case of all disputes arising indirectly or directly from the contract shall be Amtsgericht or Landgericht Düsseldorf, according to our choice. For the contractual relationship the Laws of the Federal Republic of Germany shall apply.
8. Validity of the Contract
Also in case some of the clauses of the contract are legally invalid, the contract remains valid with the remaining clauses.