Sales and Delivery Condititons
1.For all supplies, the "General Conditions for the Supply of Products and Services of the Electrical Industry" including the "Supplementary Conditions for the Extended Retention of Title" shall apply in addition to these conditions in their latest version which are attached as reprint. Further, the following own conditions will in addition apply:
II. Scope of Obligation to Supply
1.For the scope of obligation to supply, our written order acknowledgement is authoritative.
2.Subsidiary agreements shall be effective only, if they have been confirmed in writing.
1.Our prices are quoted for delivery without installation ex Duisburg works in EURO, packing excluded, and correspond to the cost situation at the time of submission of the order. We reserve the right to check our offer prices on changes in the salary and wage rates as well as on changes of the material prices.
2.On the request and at the expense of the client, we will insure the consignment against breakage, transport and fire damage.
IV. Retention of Title
1.All supplied goods - also complete lifting magnet systems - which are installed in mobile or stationary equipment of the client remain our property until all claims due to us from the client have been satisfied. Before this, transfer of property of the supplied goods or the installed systems by way of security is prohibited and only resellers are allowed to resell the goods in the commercial course of business. In the case of resale, the claims of the client against the purchaser take the place of the goods belonging to us without an express declaration of assignment being required. The costs for delay of payment are invoiced separately.
V. Terms of Payment
Unless otherwise agreed, our invoices are to be paid net cash within 30 days after date of invoice. If payment is effected within 10 days after date of invoice, we will allow a 2 % discount. Bills of exchange are accepted by us only when securities corresponding to the sum of the bill are made over to us until payment of the bill. Shipment of materials to clients unknown to us is only effected against cash on delivery, delivery of systems only after advance payment and by arrangement.
VI. Delivery Times
We will always make every effort to keep the promised delivery times. Compensation for damage due to late delivery is excluded.
VII. Passing of Risk
The risk shall pass to the client - even in the case of freight-prepaid delivery - when the consignment has left the factory, independent of whether installation is carried out by us or not.
VIII. Warranty Conditions
1.Period: 24 months from commissioning ex Duisburg works. Products of the MHM hydraulic magnet series and spare parts 12 months from commissioning ex Duisburg works.
2.The warranty of our components includes correction of the defects free of charge which are due to the use of faulty material or manufacturing defects as can be proved. This is not an on-site warranty. Return, travelling and shipping expenses are not included in the warranty.
3.Defects caused by improper installation, maintenance or handling of the components are expressly excluded from the warranty.
4.Warranty work performed by you or external personnel which is invoiced to us is subject to prior approval by us. Any further claims are excluded.
5.We do not assume any guarantee or liability for damage and/or consequential damage in connection with our components.
6.We reserve the right to carry out repair or rework, to supply spare parts or refund the purchase price.
7.Wear parts and mechanical damage are not covered by our warranty.
IX. Place of Jurisdiction
The place of jurisdiction for both parties is Duisburg.