Place of delivery and jurisdiction, also for future claims from the business relationship and for grievances in the bill of exchange and deed proceedings is Bühl.
Our quotations are non-binding and subject to prior sale. All verbal and written statements about technical data and descriptions, as well as data about the condition, fixed and loose accessories, makes, models, years of manufacture, and performance are approximate and completely nonbinding for us. Delivery orders issued to us are irrevocable and are considered accepted only upon written or telegraphic confirmation and/or upon issuance of invoice. The reversal of orders is categorically excluded. In the event that an exception is made and the request of the orderer for reversal is granted, the orderer shall reimburse the incurred costs and lost profit. If machines are not offered by us ex-warehouse and the location, including address, is verified or announced to the prospective buyer, the recipient of the quotation is obligated to refrain from conveying the address to third parties; and for him/herself or via third parties to refrain from purchasing the confirmed machine from sources other than our company; he/she is also obligated to conduct any pricing or closing negotiations solely with us. In the opposite case, the quotation recipient must reimburse us in full the lost profit in the amount of the difference between our wholesale price and the quoted price.
Used machines and equipment will be sold by us as is. Accessories will only be provided as available. Used machines are considered conditionally accepted and confirmed at the time of completed inspection, pick-up, or loading, under the exclusion of any or all defect liability or obligatory damage compensation. The buyer has the right to view or inspect the goods prior to contract signing. If, for whatever reason, he/she uses this right only in part or not at all, he/she accepts the condition of the goods sight unseen. If in special cases the products are guaranteed to be free of tear and breakage, such guarantee pertains only to breakage that excludes usability. For defects on parts especially prone to wear and tear, such as cogwheels, bushes, levers, pans, etc., there will be no warranty given, even when they are guaranteed to be free from tear and breakage. Welded and sealed machines are considered to be tear and breakage free.
Shipment and delivery take place at the risk of the orderer. With shipment from the respective location, the risk is also transferred to the orderer, even if free delivery had been negotiated. Acts of God or nature, destruction, damage, and mix-up of the object of purchase will exempt us from the delivery obligation. Damage claims against us are excluded if they are due to non-delivery, exceeding the delivery timeframe, and/or delays. Unless otherwise expressly stipulated, payment is due in net cash, by SWIFT-transfer or irrevocable letter of credit prior to loading. Offsets with any counter claims and the rejection of a retention right are excluded. If, as an exception, we agree to a partial payment or payment after delivery of the machine, any complaints do not authorize a reduction or withholding of the agreed purchase price.
If trial delivery is negotiated, whereby transport to and fro is conducted with invoice and risk going to the buyer, the machine is considered conditionally delivered and approved with the expiration of the agreed trial period. Immediately upon the expiration of the trial period, the full purchase price is due and payable. Any repairs, modifications, etc. are exclusively debited to the buyer. In the event that the machine will not be taken over, we must be informed one day prior to the expiration of the trial period and the machine must be shipped back insured and freight-paid on the first day following the expired trial period. Acceptance of the return does not obligate us to provide a replacement shipment.
Until the complete payment of all obligations arising from the sales contract, all objects of purchase remain our unrestricted property. Until full payment of the purchase price, the buyer is obligated to take out sufficient insurance to cover all risks of damage to machines and accessory parts. As long as it continues to be our property, the object of purchase may not be sold to third parties, transferred, or be debited with rights of third parties. If after contract signing the buyer finds him/herself in an unfavorable financial position, we have the right to ask for a security and to cancel the contract, if such security is not offered within the set timeframe.
Even without the expressed refusal, buying conditions have no validity for us. The validity of a signed contract will not be impaired by invalid single contract stipulations.
These stipulations are based on all quotations and closed sales and are a major part of a negotiated sales agreement, unless deviating stipulations herefrom had been negotiated in the purchase-order confirmation and were confirmed by us in writing.
