Sale, delivery and any other type of legal transaction will only take place according to the following terms and conditions, contradictory terms or customer terms that deviate from ours will not be recognized, unless we explicitly acknowledge their validity in writing.
Our terms and conditions also continue to apply if we, despite having knowledge of the existence of a customers’ contradictory terms or ones deviating from our terms and conditions, carry out an unreserved delivery to that customer.
Quotation and Contract Conclusion
Our quotations are subject to alteration. The contract is concluded through our written order confirmation, respectively its execution. Collateral agreements are only effective if they have been confirmed by us in writing. Placed orders are irrevocable and non-terminable. Contents of our printed material are only binding if this is explicitly stated. Alterations of technical data and designs due to technical progress remain reserved.
Sales to foreign countries
The customer undertakes to not directly or indirectly export any goods purchased from us without prior authorisation for each delivery, otherwise he shall be obliged to make compensation for the loss sustained.
The prices are subject to alteration if not stated otherwise, ex-works, excluding packaging, plus value-added tax at the currently valid rate. Price increases due to cost increase (material, salary, public charges and taxes) are permissible if the contract conclusion date and the negotiated delivery date are more than 4 months apart. In this case the valid price on the date of delivery applies.
The customer only has an offset right once his counter claims are stated either legally binding, undisputed or recognized by our company. The same applies to the right of retention. The customer is not entitled to assert claims due to late invoicing. Bills of exchange are only accepted after prior agreement and only on account of payment, as well as prevailing discount possibilities. If payments are made using bills of exchange or cheques, the customer is obliged to bear all costs for discounting and collecting. We provide no guarantee for timely presentation and protest of bills of exchange in Germany or any other country. Our invoices are payable within a period of 8 days as of the date shown thereon with a discount of 2%, or within a period of 30 days net. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for losses incurred. The right to assert further claims or rights remains reserved.
The statutory rules concerning the consequences of default of payment apply
Reservation of ownership
Until payment of all receivables, irrespective of the legal reasons involved, all delivered goods remain our property, even if payments for especially specified claims are made. In case of a running account the retained ownership is deemed as security of our balance claim. In the case of processing with other goods which do not belong to us, we shall acquire property in the outcome in the ratio of the value of the goods we delivered to the other goods at the time of processing.
The buyer may only sell our property in customary business transactions at normal business conditions and as long as he is not in default.
Claims of the customer from re-selling of the goods under retention of title are herewith assigned to us, irrespective of whether the goods under retention of title are re-sold before or after processing, or to one or several clients. The assigned claims shall only be securities in height of the value of the corresponding sold goods under reservation of title and outstanding balance. The buyer shall have the right to collect debts resulting from the resale, unless we revoke this right, which we are permitted to do at any time. However, he may not dispose of such receivables by way of assignment. Upon request by us, the buyer shall be obliged to provide all information and documents necessary for us to assert our rights. We are permitted to immediately notify clients buying the resold goods of the assignment. In case of an attachment or any other encroachment on our rights, the customer must immediately inform us. If the purchaser is in default of payment, we have the right to demand that the conditional commodity be returned, and the purchaser will be obliged to hand them over. The assertion of the reservation of ownership and the pledging of delivery objects are not regarded as withdrawal from the contract.
Are subject to change until final acceptance of the order, and begin with the date of our order confirmation, respective final determination of delivery scope, intermediate sale is reserved. Delivery times, which if not otherwise agreed are approximates (days are working days), which are subject to unforeseen circumstances during production or other obstacles, such as force majeure events, transportation delays, malfunctions at our facility or the facilities of any suppliers. We assume liability for a delay in delivery in accordance with statutory provisions. In case that events arise which are beyond our responsibility and render the contract performance non-reasonable, or if the customers financial situation changes, we shall be entitled to withdraw from the contract. Partial deliveries are permissible.
All obligations encompassed within §§ 377 and 378 of the Trade Law Book (HGB) are valid providing that the customer gives written notice of all identifiable deficiencies, shortfalls or incorrect deliveries within five working days after receipt of the delivery but in all events prior to further processing or assembly. We will correct all verified damages and deficiencies on the product resulting from faulty material or manufacture. Optionally, we are entitled to supply non-defective and conforming goods against return of the defective goods, or to take the goods back in exchange for a refund of all payments made by the customer, excluding assembly and other ancillary costs. If the rectification of defects or replacement delivery fails, the Buyer has the right to demand a price reduction or cancellation of the contract. All other warranty claims, especially claims for the compensation of direct or indirect damages, or damages to a third party, or damages to other objects, are expressly excluded to the extent permitted by law. Liabilities in compliance with product liability laws remain unaffected. The warranty shall not cover such objects and parts, which if used in the intended manner, are normally subject to wear and tear. The warranty will be considered null and void if our instructions for assembly and utilising are not respected, or if any modification was made to the product without our prior approval. Warranty period is one year upon transfer of risk.
We reserve ownership rights and copyright to illustrations, drawings, samples or other documents. Without our approval they may not be passed on to third parties and have to be returned on demand.
Place of fulfilment and place of jurisdiction
Place of fulfilment for all obligations arising from the contract is Kalbach unless otherwise stipulated in these Terms and Conditions for sale and delivery. The provisions of German law govern all contractual relations. At the business location of BELFOX Torautomatik GmbH, Fulda will be the competent court of jurisdiction for all disputes arising from or in connection with this contract. We are also entitled to sue at the customer’s location.
Return of goods
If ordered and delivered goods are returned, 10% of the value of goods, minimum 16,00 Euro, will be retained or charged as handling fee. A return of goods can only take place with our consent. Custom-made products are excluded from return.
For small orders with a value of less than 80,00 Euro, which are not paid immediately in cash, a cost participation of 10,00 Euro will be charged.
Should one of these terms and conditions be or become invalid, the remaining terms and conditions shall remain valid. The invalid terms and conditions shall be binding where in accordance with legal requirements or when becoming effective.
Produktions- & Vertriebs GmbH