Delivery, payment and warranty terms

(As of August 2014)

1. General

Our delivery, payment and warranty terms exclusively apply for all deliveries and services if they are not confirmed by us in writing. Conflicting delivery, payment and warranty terms from the customer only apply if we have expressly acknowledged these in writing.

2. Prices and quotations

Our quotations and prices are subject to change without notice. Orders are only binding for us if we confirm them or execute the work commissioned in the order.

3. Delivery, charges and transfer of risk

All deliveries are made on a carriage forward basis and at the risk of the buyer from our company headquarters in Steinheim am Albuch. The freight costs as well as the carriage and/or storage costs incurred are charged in the case of express goods, postal despatch or parcel services. Any freight cost insurance for the transportation of the objects has to be arranged by the buyer themselves.

4. Delivery time

The non-binding delivery deadline begins when the order is placed, unless otherwise expressly agreed in writing. If we are to blame for exceeding an agreed delivery deadline, the delay in delivery comes into effect only after a reasonable period of grace if partial deliveries are permissible. Delivery delays of up to 3 months are not grounds for withdrawal. Cases of force majeure - including circumstances and events which cannot be prevented despite diligent company management - suspend the contractual obligations of the parties for the duration of the disturbance and the scope of its effect. Should the resulting delays exceed a period of 12 weeks, the delivery deadline is extended appropriately by mutual agreement. No other claims can be accepted.

5. Payment terms

Acceptance is deemed to have taken place when the processed goods have been collected from Rieger Metallveredlung GmbH & Co. KG or the goods have been received by the customer, in the case of a despatch. Our invoices are due immediately and payable net cash. Payment by bills of exchange requires our consent. Their expenses and costs as well as the risk regarding timely presentation and protest must be borne exclusively by the buyer. If the payment period is exceeded, interest amounting to the normal bank interest rate, at least 3% above the respective Federal Bank discount rate, is charged in addition to reserving the right to assert a claim for other damages. Deliveries to private or previously unknown companies are made only on a prepayment basis. In case of default of payment and reasonable doubt as to the solvency or creditworthiness of the buyer, we are entitled to demand securities or prepayment for outstanding deliveries and services and make all claims arising from the business relationship due immediately - without affecting our other rights. The buyer is only entitled to offset or withhold payment for undisputed or legally asserted claims.

6. Retention of title

We acquire ownership of the objects handed over to us for processing in accordance with § 950 of the German Civil Code (BGB). The objects handed over to us for processing remain our property until full payment is made for all of our claims arising from the business relationship with the buyer, if the objects are processed or further processed by the buyer. We have a right of retention and a right of lien over the objects handed over to us for processing for all claims arising from the business relationship with the buyer.

7. Warranty

All information on the suitability, processing and application of our machining, technical support and other information is provided to the best of our knowledge, but does not exempt the buyer from carrying out their own tests and trials. The buyer must inspect the delivered goods immediately upon receipt for defects regarding their quality and intended use, otherwise the goods are deemed to be approved. Complaints are only considered if they are made in writing within eight days after receipt of the goods - but no later than six months after receipt of the goods for hidden defects once they are discovered, enclosing supporting documents and samples. Rejected goods may only be sent back with our express consent. We accept no liability for quality finishing if inferior material is supplied. Any resulting additional costs must be borne by the buyer. Our warranty obligation is limited to a free repair after granting a reasonable period of time. No liability can be accepted for the waste generated during the machining due to shape changes, cracks or the like, an adverse effect on the dimensional or fitting accuracy of moving parts. Compensation for material, loss of profit or claims for damages from the buyer are excluded. No liability can be accepted for up to 3% waste and shortfalls for standard parts.

8. Damages

If statutorily permissible, our obligation to pay damages is limited to the invoice value of the goods directly involved in the event that incurred the damages, regardless of the legal grounds. This does not apply if we are obliged to accept unlimited liability in accordance with mandatory statutory provisions due to our deliberate or serious negligence..

9. Packaging

Packaging material shipped by us is charged at a reasonable price. A credit of 2/3 of the invoiced value is raised for boxes that are returned free of charge within 4 weeks on a carriage paid basis if they are in a usable condition. A credit note of 2/3 of the invoiced value is raised when these are used for the delivery of new goods.

10. Place of fulfilment and place of jurisdiction

The place of fulfilment for deliveries, services and payment is Steinheim am Albuch. The place of jurisdiction is deemed to be agreed as Heidenheim an der Brenz if the buyer is a business person, legal entity under public law or special fund under public. However, we are also entitled to take legal action at the buyer's place of business.