Terms and Conditions of Sale, Delivery and Payment of the company Fritz JOBST e.K. - Technische Werkstätten
73529 Schwäbisch Gmünd, Albert-Einstein-Str. 4, Germany
1.
All offers are without obligation and subject to confirmation of the order. All subsidiary agreements, assurances and amendments are without obligation for us until they are confirmed in writing. Acceptance of orders is valid only if confirmed in writing.
2.
The buyer’s purchasing conditions are without obligation for us, even if we do not explicitly contradict them.
3.
We reserve the right of ownership and the copyright for all drawings, samples, cost proposals and documents created by us, as well as the right to make charges for these if an order is not placed. They are not to be placed at the disposal of third parties, nor may they be used for the purposes of the buyer’s own production. If required by us, or if an order is not placed, they are to be returned to us immediately.
4.
Delivery deadlines and dates are only approximate and non-binding, and are understood to mean outgoing despatches. Unforeseen events in production or at our suppliers’ premises, stoppages in railway traffic, delayed provision of freight wagon or delayed action by the forwarder, all authorise us to delay delivery. Notice of non-compliance due to delayed delivery is not possible. Compensation for late delivery or other claims for compensation are excluded.
5.
Our deliveries are made ex Works. Damage or loss during transit must be reported immediately to the forwarder. In the case of damage during rail transport, the event is to be investigated immediately. We reserve the right to decide on the mode of transport. Despatch is carried out at the risk of the purchaser, even if carriage-free delivery has been agreed or if despatch is carried out by one of our own vehicles.
6.
Complaints will be considered only if made by the purchaser within 8 days after receipt of the product in writing. We accept return of faulty goods, repair any defects or provide replacement goods in good condition. Alternatively, the depreciation in value may be refunded. Other claims, such as reimbursement for damage, wage costs, transport, cancellation, loss in value etc. are excluded. The purchaser is only entitled to carry out rework with our explicit authorisation. The return of goods may only take place with our approval. In the case of third-party products, our liability is limited to the assignment of liability claims to which we are entitled against the supplier of the third-party products.
7.
We guarantee to the purchaser a product free of defects in accordance with the technology currently obtaining at the date of delivery, the use of suitable materials, and careful and function-oriented production processes, within the period laid down by law (paragraph 477, BGB - German legislation). After reception by the purchaser of the goods, we undertake to repair free of charge any defects proved by the purchaser to have resulted from a faulty process or material faults and not from incorrect handling, use of the article contrary to instructions for use, or normal wear and tear. We reserve the right to determine whether we repair the damaged parts or replace them. Costs for despatch are to be borne by the purchaser. Further claims, in particular the right to require cancellation of the contract or a reduction in the purchase price, or any further liability for damage to persons or objects, are excluded.
8.
In order to avoid complaints, the purchaser undertakes to carry the assembly of the goods supplied in accordance with the relevant assembly instructions and following the hints provided on the goods themselves. The purchaser is particularly obliged to notify each user of our rear-facing washing units, including further users at a later date, that stop taps of a rear-facing washing unit must be turned off after the end of working hours.
9.
Deviations in colour of deliveries at a later date do not constitute a right of complaint. We reserve the right to make improvements to our models at any time.
10.
If wage or material costs increase after the contract has been concluded, we reserve the right to adjust our prices. If the purchaser does not agree to such an increase, we are entitled to withdraw from the contract.
11.
Payment is to be made, in accordance with the terms of the contract, without any compensation or retention.
Our terms of payment are:
Net cash within 30 days from the date of invoice, with 2% discount within 8 days of
the date of invoice except for payments by bill of exchange. Bills of exchange and
cheques may be returned at any time without disclosure of reasons for doing so, and
immediate payment required regardless of due date.
The minimum invoice value is EUR 20,-. For invoices under EUR 20,-, we make a
small order surcharge of EUR 10,-.
12.
Until all outstanding amounts have been settled by the purchaser, we explicitly retain rights of property for the goods, including those in respect of third parties.
13.
If goods once ordered are not accepted by the purchaser, if the latter’s financial situation deteriorates, or if outstanding invoices are not paid in accordance with contractual obligations, we are entitled to withdraw from the contract and demand compensation. If goods are returned (after previous discussion) carriage-free, we charge 5% of the gross value of the goods as a restocking fee.
14.
If payment is delayed, we are authorised to charge interest on arrears at a rate 3% above that currently charged by the Landeszentralbank. All payments are set off firstly against the costs, then against the interest, and finally against the main amount outstanding.
15.
If a deterioration in the purchaser’s financial situation occurs or becomes apparent, we are entitled to require cash payment before goods are despatched. If arrears of payment on the part of the purchaser occur, or if bills of exchange or cheques are not punctually deposited by the latter, the whole of the remaining amount becomes due immediately.
16.
If the purchaser delays receipt of the goods or notification of the address for delivery once requested for a period of more than 8 days, or if requests for delivery of firm orders are not made, we are entitled to sue without any time extension for acceptance of the goods and immediate payment, and to withdraw from the contract.
If payment is delayed, we are entitled to forbid use of the articles delivered by us. We
are entitled to retake possession of them at any time without relinquishing our claims,
whilst the purchaser relinquishes any claims of trespassing. The articles may be sold,
modified or auctioned by us. Any surplus from their sale in excess of amounts due to
us is credited to the purchaser after deduction all the costs incurred.
17.
Our goods must not be delivered to or sold in North America (USA, Canada), either directly or via any third party.
18.
Place of performance and jurisdiction for delivery and payment is Schwäbisch Gmünd.
State 06/2011