Our supplies and services exclusively take place according to the following conditions. Divergent purchaser conditions are hereby rejected, and are not recognized even if we do not reject them again after receiving the order. Through the placing of the order by the buyer, our conditions as seen as recognized.
Quotations, confirmation of the order and conclusion of the contract
The quotations we make are subject to change. Supply contracts and other ancillary agreements, especially those which differ from these delivery and payment terms only come about through written confirmation on our part.
The prices stated are in Euro and are apply for delivery from the Speyer factory site, they exclude packaging, freight, postage and insurance, plus the applicable tax. For orders over Euro 400.00 net, domestic deliveries are free of charge; for export consignments, free until the German border. Prices, discount rates and inflation increases are based on the production costs at the time of the offer and/or confirmation of the order. If the production costs up until the time of delivery, the supplier retains the corresponding adjustment. The minimum invoice amount is Euro 200.00 net. Orders under this amount can not be processed.
Delivery deadlines start with our confirmation of the order, but not before all design details have been clarified and all other conditions to be fulfilled by the buyer are met. Deliveries before the expiry of the delivery period and partial deliveries are allowed.
Supply on demand
If, in the case if supply on demand, demand or classification is not made on time, following a fruitless period of grace, we reserve the right to take on the classification ourselves and to deliver the goods or recind from the part of the supply contract which is still in arrears.
Force majeure and other impediments
Events of force majeure entitle us to postpone the delivery for the duration of the impediment as well as a reasonable start-up time or to recind from the contract, wholly or in part, on account of the part of the contract which is still unfulfilled. Force majeure includes strikes, lockouts or unforeseen circumstances e.g. malfunctions, exclusion and follow-up treatment in the same way.
The buyer may ask us within 2 weeks to declare whether or not we wish to recind or deliver within a reasonable time. If we do not provide an explanation, the buyer may recind from the unfulfilled part of the contract.
Test procedure, acceptance
If the buyer requests that the necessary examinations are carried out by us, he is obliged to let us know. The nature and extent of the tests are to be agreed up until the conclusion of the contract. If acceptance is desired, the scale and conditions are to be specified up until the conclusion of the contract. The acceptance must take place at the expense of the buyer immediately after preparation for acceptance has been reported by the works where the goods are to be delivered. If the acceptance is not made on time or not complete, we are entitled to dispatch the goods or to store the goods at the buyer’s expense and risk; with this the goods are seen as accepted.
Deviation from the dimensions, weight and amount
Diagrams, dimensions and weights, which are contained in catalogues, quotations, publicity etc. are only approximate measurements. We reserve the right to make changes at any time. In the case of custom orders, deviations in quantities of up to 10% above or below the ordered quantity are permitted.
For goods with a value greater than 400.00 Euro net, packaging is free of charge.
The choice of packaging is left to the supplier, wherein this follows the regulations stated in the packing order. We would like to advise you that we take back transport packaging in the case of free delivery (including freight carriage), but do not meet any disposal costs. If the packaging related to the crate pallets, euro pallets or wooden pallets are not returned within 2 weeks, the supplier retains the calculation of the costs incurred.
Up to deliveries for orders under Euro 400.00 net, delivery to the receiving party is free of charge within Germany and/or in the case of export, free to the German border, duty unpaid. For these orders, the shipping invoice amount is added. The additional costs for express dispatch and express items are borne by the buyer in any case.
The choice of shipping mode takes place at our discretion, but without any obligation for the supplier.
the exclusion of any liability, in the absence of specific instructions, the choice of means of transport and transport routes takes place by us.
Transfer of risk, transport insurance
The transfer of risk applies ex factory (Speyer). Goods are shipped at the purchaser’s risk. Transport insurance is provided by us only at the express request of the buyer and is concluded at his own expense.
If the shipment is delayed and this is not the fault of the supplier, risk is transferred on the day which the supplier informed him about the dispatch or readiness for collection.
We charge a restocking fee of 20% of the product value for returns of goods where fault is not attributable to us, which is at least Euro 15.00 The return delivery must take place free of costs on our part. Any cargo, packaging, postage or other charges which result shall be borne by the returning party. In any case, the return must only take place following our explicit approval.
Our invoices must be paid within 30 days from the invoicing date without deduction. We grant a 2% discount If paid within 14 days following the date.
If the payment date is exceeded, interest is charged which is calculated by the banks, in any case at least 4% above the reference interest rate set by the European Central Bank.
If the payment terms are not met or circumstances become known, which give grounds to doubt the creditworthiness of the purchaser, all our demands are payable immediately, including those for which we have discounted.
DThe payment our invoices has to be made so that we do not incur fees. Any bank fees or other cash transport charges shall be borne by the buyer. An invoice is only paid, if we have been credited with the full invoice amount.
Retention of title
All supplied goods remain our property (reserved goods) until all receivables, including the respective balance accounts, for whatever legal reason, are paid. This applies even if payments are made for specially designated receivables. In as far as the goods supplied by us are reprocessed or redesigned, we act as manufacturers within the meaning of sect. 950 German Civil Code (BGB) and acquire ownership of the newly formed products in proportion to the value of our products. The receivables to which the customer is entitled to from the resale are hereby ceded to us. The receivables serve as our security only to the amount of the value of each reserved good sold. The customer is entitled to collect the receivables himself as long as he meets his payment obligations towards us and is not issued any other instructions from us. Pledging or transfer of reserved goods is not permitted.
Defects, supply of non-conventional goods
We guarantee the flawless manufacturing of parts supplied by us in accordance with the agreed technical delivery requirements. The factor which is decisive for the conventional condition of the product is the date of transfer of risk. Upon receipt of the goods at the destination, the buyer must immediately complain in writing concerning hidden defects after the discovery of the fault, but no later than within 12 months after the transfer of risk. In the case of a legitimate, timely complaint, we shall improve the disputed goods or provide proper replacement as we see fit. Re-fitting / Installation costs and costs for the handling of defective goods which the buyer incurs will not be refunded.
Liability, damage claims
The buyer bears responsibility for proper construction in compliance with safety rules (especially in relation to the intended purpose) selection of the material and the required testing procedure. Furthermore, the buyer shall ensure that its data protection or other third party rights are not violated. If compensation for damages is claimed from us by a third party, where the cause lies in the area of responsibility of the buyer, the buyer shall indemnify us from such claims. Our liability is based solely on the agreements made in the preceding points. All contractual or legal claims which are not explicitly mentioned are excluded.
Place of performance and place of jurisdiction
The place of performance for payments is Speyer am Rhein.
For all other obligations, the place of delivery and jurisdiction is Speyer am Rhein. This shall also apply to actions filed under the summary proceedings based on bills of exchange and cheques. We are entitled to take action against the ordering party at his general place of jurisdiction.
Within the meaning of the Federal Data Protection Act (Bundesdatenschutzgesetz), we are entitled to process data concerning the customer which is obtained with respect to, or in connection with business relations, whether this data originates from the ordering party himself or from third parties.
All legal relations between the ordering party and ourselves are governed exclusively by the laws of the Federal Republic of Germany, excluding the Hague Convention on the Law Applicable to Contracts for the International Sale of Goods.
Should any provision of these supply and payment conditions be wholly or partially invalid or void, the contractors shall then commit themselves to agree to a settlement through which the sense or purpose of the invalid or void provision is largely achieved.
Feuer-Vogel GmbH & Co. KG
67346 Speyer, Germany