Conditions
1. General
The following conditions apply to all offers and orders placed with us and are accepted as binding by our customers without exception by placing an order and receiving the order confirmation. We expressly object to all conflicting conditions of our customers. Changes and ancillary agreements are only valid if they are expressly confirmed by us in writing.
2. Prices
The prices are in euros ex works, excluding packaging, insurance, freight, customs and excluding all other costs, plus VAT at the statutory rate. Any exchange rate risk that may arise is borne solely by the customer.
Our prices are based on the wage and material prices valid at the time the contract is concluded. Unless otherwise agreed, we are entitled to adjust the prices to wage and salary increases and material price increases with a period of notice of 4 months if more than four months have passed between the conclusion of the contract and the agreed delivery date.
3. Offer
Our offers are generally subject to change. Contracts and agreements only become binding with our written confirmation. Plans, drafts and drawings remain our property and may not be copied or made available to third parties. All technical and dimensional information is non-binding. We reserve the right to make minor design and dimensional changes and to use substitute materials. All technical information and dimensions in both the offers and the drawings are non-binding. These details are not guaranteed characteristics but descriptions or markings of our delivery or service.
4. Delivery and service
Our written order confirmation is decisive for the scope of the delivery and service. Deviating agreements must be in writing. Subsequent changes and additions to orders as well as additional services that are communicated to us after the contract has been concluded entitle us to an appropriate additional invoice. The customer is not entitled to assign or transfer claims against us or rights from the business relationship to third parties without our consent. If assembly is required, the buyer bears all costs. If the systems are installed by our fitters, all construction work must be sufficiently advanced before assembly begins so that assembly can be carried out without hindrance. All supply lines must be laid to the system on site in accordance with our specifications. The connections themselves must be made on site during assembly. All police regulations must be observed during construction work. The electrical connections must be made in accordance with VDE guidelines. Any fixed assembly price agreed only applies to the one-time dispatch of a fitter, provided that assembly can be carried out immediately after the fitter arrives and without interruption. If assembly or commissioning is delayed due to circumstances on the construction site through no fault of our own, the buyer must cover all costs for waiting time and additional travel required by our fitters. The assembly and completion dates we specify are approximate dates and are not binding.
5. Delivery time
The delivery period confirmed by us begins with the sending of the order confirmation. In the event of a necessary approval by the customer, the delivery period only begins when the approved documents are received. If a deposit has been agreed, the delivery period only begins when payment is received.
The delivery time is set so that it can probably be met if production runs smoothly. If our delivery time is exceeded, the buyer must set us a reasonable grace period. He cannot reject partial deliveries on our part. Delivery times and, if applicable, assembly periods are extended to an appropriate extent if the buyer subsequently requests technical changes, in the event of force majeure or obstacles that we cannot foresee, regardless of whether they occur in our factory or at our suppliers. These can include, for example, operational disruptions, strikes, lockouts and delays in the delivery of essential third-party parts or raw materials. If these events significantly change the economic significance or content of the service or have a significant impact on our operations, or if it subsequently becomes apparent that performance is impossible, the contract will be adjusted accordingly. If this is not economically justifiable, we are entitled to withdraw from the contract in whole or in part, excluding any claims for damages from the customer. We have met the delivery deadlines when the goods have left the factory.