Conditions of sale, delivery and payment

These conditions of sale apply to entrepreneurs, legal entities under public law and special funds under public law. Our deliveries and services are carried out exclusively on the basis of the following conditions. Deviating purchasing conditions of the customer, which are not expressly recognized by us, do not become part of the contract even if the order is accepted.

1. Offer and conclusion of contract

Orders are only considered accepted if they have been confirmed by us in writing. If, for organizational reasons, you do not receive a separate confirmation for deliveries in stock, the invoice will also be considered an order confirmation. Dimensions and weights as well as illustrations, drawings and data are non-binding and can be changed by us at any time. Deviations cannot be ruled out. The basis of our delivery contracts is our latest version of our catalog. Changes to the dimensions and design of our products can be made without prior notice. 

2. Prices

The prices are in EUR ex works, exclusive of sales tax, packaging, freight, postage and insurance. Unless otherwise agreed, our list prices apply on the day of delivery.

3. delivery time

The delivery time is given to the best of our knowledge, but without guarantee. Agreed delivery periods begin on the day we accept the order and refer to completion in the factory.

4. shipping

The goods are delivered ex works. Shipping is at your own risk and expense, the latter also in the case of deadline, FOB or CIF delivery. In the absence of specific instructions for shipping, we will do the same to the best of our judgment, but without assuming an obligation for the cheapest and most expedient shipping. You agree that your order can also be delivered in partial deliveries, provided this is reasonable for you.

5. packagings

The packaging complies with the packaging regulations (WO). The packaging cannot be taken back.

6. Tool costs

Unless otherwise agreed, the tools made for the execution of the order remain our property in all cases, even if we have separately invoiced a portion of the tool costs.

7. custom made

require binding information on design, quantity, etc. in writing when ordering. For manufacturing reasons, we reserve the right to over- or under-deliver the order quantity by up to 10 %. Technical changes or deletions are only possible against calculation of the costs incurred.

8. Sample shipments / returns

Samples are calculated. Return of goods is only possible by agreement. Custom-made products cannot be returned.
For returns for which we are not responsible (e.g. incorrect order), we charge an administration fee of 10%, but at least EUR 9.50.

9. Transfer of risk

When the delivery item is handed over to the person, company or institution assigned to carry out the shipment, the risk is transferred to you. This also applies to partial deliveries or if we have taken over the shipping costs or delivery and installation. The risk passes to you even if you are in default of acceptance.

10. payment

Our invoices are payable within 8 days of the invoice date with a 2% discount, within 30 days net. Our credits or your debits reduce the amount eligible for a discount. If the target is exceeded, we are entitled to charge default interest at the rate that the bank charges us for overdrafts, but at least 6 percentage points above the respective base rate of the European Central Bank. In the event of default in payment, we can, after giving you written notification, suspend the fulfillment of our obligations until we have received the payments.

11. Offsetting prohibition

You can only offset against legally established or undisputed counterclaims.

12. Retention of title

The delivered goods remain our property until all claims have been paid in full or until the checks given for them have been redeemed. The setting of individual claims in a current invoice, as well as the balance drawing and its recognition do not affect the retention of title. You are entitled to resell the reserved goods in the normal course of business. However, you are not permitted to pledge or transfer ownership by way of security. You assign your claim from the resale of the reserved goods to us now. You are entitled to collect the claim as long as you meet your obligations to us. At our request, you are obliged to indicate the third party debtors and we are entitled to notify this and the assignment.

13. Right of withdrawal in the event of late payment and bankruptcy

If you do not pay for the goods after payment is due, we are entitled to withdraw from the contract and to demand the goods that have already been handed over after the unsuccessful expiry of a reasonable period set by us. Otherwise, Section 323 of the German Civil Code (BGB) remains unaffected. The application for the opening of insolvency proceedings entitles us to withdraw from the contract before the insolvency court arranges security measures and to demand the immediate surrender of the delivery item.

14. Guarantee

If you agree on the quality of the goods with us, we will base this agreement on our technical delivery specifications. If we have to deliver according to your drawings, specifications, samples, etc., you assume the risk of suitability for the intended use. The point in time of the transfer of risk is decisive for the contractual condition of the goods. The wear and tear of wearing parts in the course of normal use does not constitute a defect. If there is a defect in the delivery item, we will, after setting a reasonable deadline by you, deliver a replacement or repair it at our option. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. Further warranty claims are excluded. The discovery of such defects must be communicated to us in writing immediately, in the case of recognizable defects, however, no later than 10 days after receipt, in the case of non-recognizable defects immediately after they are recognized. The warranty is 12 months and begins with the delivery of the goods from the factory.

15. Impairment of performance or impossibility of performance

If we are prevented from fulfilling our obligation by the occurrence of unforeseeable circumstances which we could not avert despite the care reasonable in the circumstances of the case, e.g. operational disruption, transport delay, delay in the delivery of essential raw materials, the delivery will be extended if the delivery or performance is not impossible, the delivery deadline to a reasonable extent.

16. liability

With the exception of injury to life, body or health caused by a breach of duty by us, we are only liable in the event of willful intent or gross negligence.

17. Place of performance, place of jurisdiction

The place of performance for all obligations arising from the contractual relationship is D-52146 Würselen. The place of jurisdiction for all legal disputes arising from the contractual relationship is D-52075 Aachen. (All disputes arising from the contract or about its validity will be finally decided by an arbitration tribunal in accordance with the arbitration ordinance of the German Committee for Arbitration / Settlement and Arbitration Rules of the International Chamber of Commerce, excluding the ordinary legal process.) German law applies (BGB and HGB). The validity of the UN sales law (CISG) is excluded.

18. Severability clause

If individual conditions are not legally valid, the remaining conditions remain. The invalid conditions should be replaced by regulations that come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties. With the publication of these terms of sale, delivery and payment, all previous ones become invalid. This does not apply to contracts concluded before the announcement.

Technical support for WordPress and Joomla websites
as well as cleaning up hacked websites and shop systems
The nerve savers – www.nervenretter.com