Conditions of sale and delivery
1. Validity of our sales and delivery conditions Our sales and delivery conditions apply exclusively. We do not recognize terms and conditions of the customer that contradict or deviate from our terms of sale, unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we deliver to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or differ from our terms and conditions of sale.
2. Offers Offers on our part are always non-binding and can be revoked at any time until the customer has received the acceptance.
3. Order confirmations, changes to the scope of services Orders are only considered to be accepted after a written order confirmation. Our written order confirmation is decisive for the scope and conditions of the delivery. Deviations in the order confirmation from previously made agreements are deemed approved if the customer does not object in writing within two business days of receipt. We reserve the right to deviate from the agreed scope of services, which are due to the consideration of changes in mandatory legal or technical standards. We consider change requests of the customer with regard to the content of the services to be provided after conclusion of the contract (e.g. conversion or expansion work) within the scope of our operational capacities and only against separate payment in accordance with our separate offer or our prices valid at the time of acceptance of the change requests.
4. Commercial property rights We reserve property rights and copyrights to images, drawings or other documents that the customer receives prior to the conclusion of the contract. They must not be made accessible to third parties. Before passing them on to third parties, the customer requires our express written consent. Unless otherwise expressly agreed, we are not obliged to check the accuracy of the information and materials provided by the customer. We are not liable for any infringement of third party property rights in the case of machines that are manufactured according to specifications, drawings or sketches given by the customer. If claims are made against us for this reason by third parties, the purchaser shall indemnify us in full from such claims.
5. Prices Our prices do not include VAT. Unless otherwise agreed, the prices quoted apply ex works, without packaging, transport, transport insurance, assembly or commissioning. We reserve the right to calculate the prices valid on the day of delivery if delivery is to take place later than four months after the order confirmation. This applies in particular if material prices, wages or other cost factors have risen since the conclusion of the contract or if circumstances for which we are not responsible make production or sales more expensive.
6. Payment modalities Unless otherwise agreed, payment is to be made in cash without any deduction, namely: 1/3 of the delivery value when ordering, 1/3 of the delivery value when we inform us that the goods are ready for dispatch, 1/3 30 days after the invoice date. Only cash payments and transfers are considered cash payments. If the purchaser is in default of payment, we are entitled to demand default interest of 3 percent per annum above the statutory default interest rate. If we are able to prove higher damage caused by delay, we are entitled to assert this. The customer retains the right to provide evidence of minor damage. In the event of default in payment by the customer, all claims, including deferred claims, are due for payment immediately.
7. Set-off, rights of retention The customer is only entitled to set-off or retention rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is only authorized to exercise a right of retention if a counterclaim is based on the same contractual relationship.
8. Delivery time, partial deliveries The delivery period begins with the dispatch of the order confirmation. It is complied with if the delivery item has left the factory by the time it expires or readiness for dispatch has been notified. Changes to the service content agreed with the customer lead to the cancellation of the agreed delivery dates and deadlines, unless otherwise agreed. Compliance with our delivery obligation presupposes the timely or proper fulfillment of the obligations of the customer (e.g. timely receipt of agreed down payments, timely provision of the documents to be procured by the customer, permits, technical information on workpieces or workpieces