Our offers are principally without obligation, unless we include a binding term of validity. All agreements, in particular, the acceptance of orders that have been placed must be confirmed by us in writing to attain validity.
The documents, depictions, drawings, statements on weights and dimensions pertaining to the offer are only approximate values and do not represent quality descriptions. As far as permissible deviations are not stipulated in the order confirmation and none are given in the customer’s specification, deviations customary in the industry are admissible in any case. The composition, suitability, qualification and function of our products are exclusively determined by our specifications and technical qualifications. Public statements, laudations or advertising by us or by third parties do not represent quality descriptions. We retain proprietary rights and copyrights to all documents; they may not be disclosed to third parties without our approval.
Guarantees regarding qualities or shelf life must be expressly declared as such in the order confirmation. If models and samples are delivered their qualities are not warranted unless expressly stated otherwise in the order confirmation. This shall also apply to data concerning the result of analyses.
Proposals regarding construction, which are made on the basis of the purchaser (e. g. oral information, drawings or other documents), are mere recommendations and do not represent descriptions of quality or use, unless otherwise expressly provided in the order confirmation.
For damage to or loss of drawings, samples, models, etc. which have been handed over by the purchaser we are liable pursuant to clause 6.
All prices shall apply ex dispatch warehouse exclusive of statutory value added tax and costs of consignment and packaging. In the event that the prices stipulated by our suppliers, or if consignment costs and/or public levies increase between conclusion of contract and supply, we are entitled to raise our price accordingly; in dealings with consumers this provision shall only apply where supply is due to take place in excess of 4 months after conclusion of contract.
The supply dates offered by us are only approximate dates insofar as not expressly agreed otherwise. The purchaser may set a reasonable and final time limit for delivery two weeks after expiry of the approximate deadline. We are only in default after expiration of such final time limit. Time periods for delivery do not begin to run until the customer has procured the documents he may be obliged to provide, e. g. approval or release of product drawings, or until he has paid an advance payment in case such payment has been agreed upon in writing.
In case of default or impossibility of performance we are liable for claims for damages exclusively pursuant to the provisions in clause 6 below. Our liability for damages according to clause 6 caused by default is limited to 0,5 % per completed week of the value of the delivery or partial delivery that is in default. Our maximum liability for damages caused by default is limited to 5 % of the value of the (partial) delivery in default.
In the event of force majeure, measures initiated in the course of employment disputes, in particular strike and lockout, and in cases of incorrect, delayed or non-delivery by our own suppliers, irrespective of its cause (reservation of self-supply), and other acts that hinder performance which are outside the scope of our responsibility, we are entitled to postpone supply for the duration of the hindrance and for a reasonable period thereafter required in order to reinstate operations. To the extent that the hindrance is an ongoing one, we reserve the right to rescind from the contract in whole or in part. In that case the purchaser is not entitled to any damage claims. He is no longer obliged to fulfil his contractually agreed counterperformance and any advance payments will be returned.
Except as otherwise agreed, the invoice amount is payable within 30 days of invoice date without deduction.
In the event that agreed payment deadlines are exceeded, we are entitled to claim interest on all sums due from consumers at 5 percentage points above the base rate of the European Central Bank p. a. and 8 percentage points above the base rate of the European Central Bank p. a. on all sums due from commercial businessmen, unless a higher is proven.
Our claims shall become payable immediately independently of the term of bills taken in on account of performance if the purchaser is in breach of contractual agreements or if circumstances become known to us that reduce the purchaser’s creditworthiness. Notwithstanding further rights, we are entitled in this event to demand prepayment for supplies that are still outstanding.
The purchaser is not entitled to set-off counterclaims against our claims unless these have been recognised by us in writing or established by a court of law. The purchaser is not entitled to a right of retention unless the purchaser is not a commercial businessman and the right of retention is based on the same contractual relationship.
All sales are agreed as from works Hamburg. If the purchaser is a commercial businessman, shipment shall be made at the purchaser’s cost and risk. In this event the risk shall pass to the purchaser, also in case of partial delivery, when the goods are handed over to the person in charge of its transportation – irrespective of whether that person belongs to our firm or not – or when the goods have left our works for shipment. If the purchaser is a consumer, the risk shall pass to the purchaser when the goods are handed over to him. If the goods are ready to be dispatched but are not dispatched for reasons within the scope of the purchaser’s responsibility, the risk shall pass, irrespective of whether he is a commercial businessman or a consumer, to the purchaser when his default in acceptance commences.
The purchaser shall examine the goods immediately upon receipt at the place of destination, also if models or samples were delivered in advance. The purchaser must notify us of a defect without delay at the latest 7 days after arrival at destination in writing or by telex or facsimile stating an exact description of the defect. If the defect was not discoverable despite careful inspection of the goods on supply, we must be notified of the defect without delay after its discovery, whereby this latter provision only applies where the purchaser is a consumer. The goods shall be deemed to have been accepted without any defects, unless the purchaser notifies us of any defect within these time limits. All such notifications of defects of goods must be addressed to us.
If a notification of defects is justified and has been made in due time we shall subsequent perform through remedying the defect or replacing the delivered goods according to our choice insofar as the purchaser is a commercial businessman. If the purchaser is a consumer, he shall decide whether our subsequent performance shall be fulfilled through remedying the defect or replacing the goods. We are, however, entitled to refuse the chosen subsequent performance if such performance can only be rendered at unreasonable expense and the other way of subsequent performance is still available to the purchaser without any substantial disadvantage to him.
If subsequent performance or replacement of goods does not remedy the defect, the purchaser may demand a reduction in the purchase price or rescission of contract. In the case of immaterial defects, the purchaser is not entitled to rescission of contract. If the purchaser chooses rescission of contract after such unsuccessful subsequent performance, he is not entitled to any additional damage compensation.
If the purchaser receives defective assembly instructions we are only obliged to deliver assembly instructions free from defects. This obligation only exists if the defect of the assembly instructions prevents the proper assembly of the relevant good.
The provisions above contain the final and complete warranty for our goods. For any further claims for damages caused by the delivery of defective goods, we can only be held liable pursuant to clauses 6.6 and 6.8 below, irrespective of their legal basis.