V. Passing over of risk, assurance
- The risk is passed over to the buyer as soon as the goods leave our works. All shipments including any possible return shipments are transported at the buyer’s risk if not agreed otherwise.
- If the goods are ready for despatch and despatch or acceptance is delayed for reasons which we are not responsible for, then the risk with the notice for despatch is passed over to the buyer.
- If not specifically agreed otherwise, we insure all shipments against break during transportation. In order to obtain the benefits from the insurance for a probable transport damage (break, crush, humidity damage etc.), the following documents must be submitted:
a) carrier’s report of the facts of the case (e.g. certificate from the railway company or post office, carrier receipt, shipping note etc.)
b) original bill of lading
Transport damages are to be reported immediately after receipt of the shipment. We reserve the right to claim the damaged parts back free works Sachsenheim-Ochsenbach. The damage is settled either by issuing a credit note to the appropriate amount or by supplying replacement. If the customer does not wish us to insure the shipment against transport break, he will in any case run the risk of transport break by himself.
VI. Return shipments
Return shipments which aren’t based on a legal claim are only permitted if the goods are originally packed and in a brand new condition and we have given our written consent for the return shipment. A credit note will be issued for goods which have been taken back by us. If we are responsible for the wrong shipment, we will carry the costs for the return shipment. In any other case the costs are to be borne by the buyer, plus an extra handling charge amounting to 15% of the net value of the goods to be returned. Special designs are in any case excluded from return shipment.
VII. Liability for faulty goods
- The buyer is obliged to inspect the shipment immediately. Complaints regarding obvious or visible faults can only then be considered if they are reported immediately, i.e. within 8 days after receipt of the goods at the latest. Complaints for hidden faults must be raised at the latest within 8 days after they have been noticed.
- We are only liable for faults which probably occurred due to a circumstance which was there before the passing over of risk, in particular due to a fault in production or material . There is no guarantee for damages which have occurred due to improper fitting or handling by the buyer or to unauthorized changes to the supplied goods. Upon our request the buyer must return the damaged items.
- For justified complaints because of fault, we grant warranty by improvement or by replacement depending on our choice. From the costs which occur due to the improvement or replacement delivery, we bear the costs for replacement parts including despatch.
- We only grant warranty if according to the operating manuals of the respective devices and units, maintenance jobs have been carried out by us or by persons who have been authorized by us. The warranty period begins after receipt of the goods.
- Parts subject to wear are excluded from warranty.
- We are not liable for damages which occur within the scope of warranty due to breach of contract obligations, to unauthorized handling, culpable infringement of delays for improvement or replacement or for any other legal reasons and especially as insofar these damages do not occur to the supplied item itself. This also applies to our legal representatives and partners.
- The warranty period is one year.
VIII. General liability
Claims for damages beyond warranty against us and our legal representatives and partners, especially for damages which do not occur to the supplied item itself and especially due to breach of contract obligations and unauthorized handling, are excluded.
IX. Marking of goods
Changes to our goods require our previous written consent. Any changes to our goods and any special stamping which are considered as a mark or origin of the buyer or any third party and which could give the impression that this is a special product, is excluded.
X. Place of performance, place of jurisdiction, applicable law
- Place of performance for the shipment is Sachsenheim-Ochsenbach.
- Place of jurisdiction for disputes with business people, legal entities of the public law or persons who don’t have a domestic place of jurisdiction, as well as for actions for letters of credit or cheques, is Vaihingen/Enz.
- The German law applies. The regulations of the UN purchasing law are excluded. As far as defined clauses of the Incoterms are agreed, then the latest version of the Incoterms 2010 apply.
If any single parts of these conditions – no matter for which reason – should be or become void, then the effectiveness of the other conditions is not affected thereby.