1.1 Our general terms of payment and delivery are an integral part of all our quotations, order confirmations and contracts concerning the delivery of goods in the context of transactions with registered traders or persons of equivalent status. They apply likewise to current and future business relations. Also applicable is the currently valid version of the "General terms of derlivery for the supply of products and services of the electrical and electronics industry" copy of which is not included, on the assumption that these terms are already familiar to the Buyer. A copy can be sent on request, however.
1.2 Deviating agreements and business conditions are only binding subject to our written confirmation.
2.1 Quotations are without obligation. All quoted prices apply to deliveries to the destination specified in the quotation and are exclusive of VAT.
3.1 Prices are ex works and excluding packaging. We reserve the right to increase these prices within reasonable limits in the event of a significant increase of the costs involved in executing the order, unless the delivery takes place within 4 months after the conclusion of the contract.
4.1 Our invoices must be paid within 30 days without deduction. For payment within 10 days we grant 2 % discount. The date of payment is the date on which we can dispose of the equivalent sum.
4.2 Default interest will be charged, which is 2% above the discount rate of the German Federal Bank.
4.3 Set-offs against counterclaims of the Buyer are not permitted unless undisputed or recognised by declaratory judgement.
4.4 Individual samples may be invoiced. They will be taken back within a specified period and the purchase price will be credited. Custom-made products cannot be returned or credited.
§5 Packaging and Shipment
5.1 We reserve the right to choose the mode of shipment unless specified in the order. Packaging is charged at cost price and is non-returnable.
5.2 Returnable packaging must be sent back free of charge within 2 days. In case of delayed return, a lending fee will be charged.
5.3 Shipment takes place at the risk of the Buyer, even if partial deliveries are made or if other services are performed by us, e.g. delivery or shipping charges. If a transport insurance is requested by the Buyer, this must be explicitly stated in the order. Transport insurance will be at Buyers's expense.
§6 Liability for Defects
6.1 Our goods must be inspected immediately upon receipt. Complaints will only be considered within one week after receipt of the goods and must be submitted in writing. The Buyer's right to claim for defects expires in all cases within 12 months after notice of defect has been given in time.
§7 Retention of Title
7.1 The delivered goods shall remain our property until full payment of all accounts receivable arising from the business relationship, notwithstanding the reasons of their imposition, i.e. including contingent incidental claims, claims for damages, notes receivable and claims acquired from third parties. In case of a current account, our securities will serve as collateral for any balance claim.
7.2 If customer acquires sole or joint ownership rights by combining, blending, mixing or processing our goods (with others), we take title to the new goods in proportion to the value of our goods subject to retention of title to the value of the newly manufactured goods. According to § 950 of the German Civil Code, any processing for us takes place without any obligation on our part. Should this clause conflict with with clauses of the suppliers of other components used, the processing shall be performed jointly for all parties and our share shall depend on the proportion of our goods in relation to the others. Storage shall take place free of charge in either case. The value of our goods is determined by our delivery price including VAT and discount.
7.3 Until fulfilment of all payment claims from the business relationship, the goods subject to retention of title may not be disposed or used as security. Resale is also prohibited, unless customer buys the goods from us for the purpose of resale. In this case, he is revocably entitled to resell the goods subject to retention of title in its own name and in the ordinary course of his business, provided the claim arising from the resale is assignable.
§8 Place of Fulfilment and Venue
8.1 The place of fulfilment and venue for both parties in the event of any disputes arising directly or indirectly from the contractual relationship, including actions on a cheque or bill of exchange, regardless of the place of payment and amount in dispute, is
8.2 The legal invalidity of one or more provisions of this Agreement does not affect the validity of the remaining provisions.