Terms and Conditions of Sale
1. Offers / ordering
Our offers are non-binding. Orders and verbal agreements are only valid if confirmed by us in writing. Our customer's terms of purchase or general terms and conditions are not acknowledged by us even if we have not explicitly objected to such terms.
2. Prices
Base prices as given in the current lists are non-binding price recommendations excluding VAT. Prices valid from off Bad Homburg do not include costs for packing, shipping, postage, and value guarantee. Prices and surcharges are always calculated as valid on the day of the delivery.
3. Terms of payment
Payment to be made within 30 days after invoice date without reduction or within 10 days with a discount of 2%. Late payment entitles us to default interest of 5% above the respective reference rate. Exchange charges to be borne by the buyer.
4. Retention of title
a) We reserve the right of title with regard to all goods supplied by us until fulfilment of all claims resulting from the corresponding business relationship. In case of buying for current account retention of title covers the balance claim to be secured.
b) For reasons of security, buyer assigns all claims from a resale of the goods or any other business transactions with the goods to us. In case our goods are sold together with the goods of other parties, the assignment of the claims is valid only with regard to the value of our goods subject to the retention.
c) Buyer is entitled to selling of goods and to collection of assigned claims. We will not collect our claim as long as the buyer fulfils his payment obligations. As long as our claims are not satisfied, buyer must separately keep collected sums and transfer such sums to us. When required, buyer must disclose to us third-party debtors of assigned claims and the value of the claim; also, buyer must advise such third-party debtor of the assignment and must surrender all relevant documents to us.
d) In case of non-conformance with the terms of payment, in case of protesting of bills and dishonoured cheques, buyer's rights with regard to selling and collecting assigned purchase price claims become void. In this case, we are entitled to repossess goods supplied by us. This only constitutes a withdrawal from the contract if explicitly declared so by us. All costs with regard to the taking back of the goods to be paid by buyer. In case of distress, buyer must immediately advise us of such distress as well as of the attaching creditor. Intervening costs to be paid by buyer.
e) If required by the buyer, we will release fully paid goods at our own discretion, if the value of the security provided exceeds our claims for more than 20%.
5. Delivery times
Agreed delivery times are adhered to as reliably as possible; however, delivery times are non-binding.
6. Delivery, Transfer of Risk and Transport Costs
a) Delivery
The goods shall be delivered by dispatch to the delivery address specified by the buyer.b) Transport costs
All costs associated with the transport of the goods, including freight, ancillary, packaging, security and any surcharges, shall be borne by the buyer, unless expressly agreed otherwise in writing. Packaging shall be charged at cost price. If requested by the buyer, empty packaging may be returned after use. The costs of return transport shall be borne by the buyer.c) Transfer of risk
Notwithstanding Section 447 of the German Civil Code (BGB), the risk of accidental loss or accidental deterioration of the goods shall not pass to the buyer until the goods have been delivered to the agreed delivery location.d) Transport arrangements
The choice of means of transport and transport company shall be made by the seller. The seller is entitled to commission third parties to carry out the transport.e) Transport insurance
The seller shall bear the transport risk until delivery at the place of delivery and shall take out appropriate transport insurance for this purpose, unless expressly agreed otherwise in writing.f) The buyer’s obligations to cooperate
The buyer is obliged to provide the information required for delivery in good time and to take delivery of the goods properly at the place of delivery. If delivery is delayed for reasons for which the buyer is responsible, the risk shall pass to the buyer upon notification that the goods are ready for dispatch.7. Defect of quality
Claims with regard to defect of quality are not accepted in case of inappropriate or improper use, faulty assembly respectively initiation, normal wear and tear, incorrect or negligent operation or handling etc.
8. Liability
Seller is only liable for damages - regardless of the specific legal ground - in case of wrongful intent, gross negligence, negligent injuries of life, body, health, and in other cases of compulsory liability as e.g. in accordance with the laws regarding product liability.
9. Period of limitation
In case no other legally compulsory periods apply, claims resulting from defects of quality and all other claims of the buyer - regardless of the specific legal ground - become statute-barred after 12 months.
10. Return
We have no obligation to take back goods which are delivered correctly and without any defect or damage. In individual cases, we have agreed in written form that we take back the goods, we charge a service charge of 20% of the net sales price or minimum EUR 15,00.
Special tools or individual marked tools we will not take back.11. Place of performance, place of jurisdiction, general information
Bad Homburg, Germany is place of performance with regard to delivery and payment; place of jurisdiction is Frankfurt am Main, Germany. German law is applicable. Invalidity of individual provisions does not affect the validity of other provisions.
WEXO Präzisionswerkzeuge GmbH
Siemensstraße 13
61352 Bad Homburg
(GERMANY)
