Bearings, bearing items or spindle items are specified in the relevant catalogue in each case. Special models defined in the offer, designs, cost estimates, drawings and other supporting documents are all covered by the supplier’s ownership and proprietary rights, and may not be disclosed to third parties without the prior written consent of the supplier. The same applies to any documents issued by the buyer, mutatis mutandis. We consider ourselves to be bound by the offer for a period of 4 weeks. As a rule delivery deadlines (lead times) are subject to change. In the event that the details of the order differ from the offer in essential respects the offer is not considered to be binding.
Terms and conditions and the scope of the delivery are set out in our written confirmation of the order. Any other additional agreements pertaining to the order must also be set down in writing.
The prices quoted apply ex works, including loading at the works, excluding packaging. Prices apply as agreed or in accordance with the price lists that apply on the date of delivery. Prices are subject to value added tax at the statutory rate.
Payment is to be made to our appointed paying agent. Payment received within 10 days of the date of the invoice qualifies for a 2 % discount, otherwise a term of payment of 30 days net applies. Any sums not paid within the specified term will incur interest and costs in accordance with standard banking procedure. Bills of exchange and cheques will only be accepted as payment subject to collection. We are under no obligation to accept bills of exchange and cheques. In the event that the buyer is in arrears with respect to part of the payment, the entire remainder of the purchase price still outstanding, also any part of the payment covered by bills of exchange, is immediately due and payable. In the event that we are forced to collect payment, or in the event that the buyer is declared bankrupt or put into involuntary liquidation, or in the event that the buyer seeks judicial assistance, judicial or extrajudicial settlement, or in the event that a bill of exchange issued by the buyer is protested, or in the event that we have any other reason to doubt the buyer’s financial situation, the purchase price is immediately due and payable.
In the event that we become aware of circumstances that cast doubt on the buyer’s creditworthiness after the contract has been concluded, we are entitled to demand immediate payment or to demand that goods already delivered be returned.
We retain the title to goods delivered until such time as payment has been made in full. In the event that the buyer fails to comply with the terms of the agreement, and especially if the buyer is in arrears with regard to payment, we are entitled to repossess goods already delivered and the buyer is obliged to hand over the said goods. The buyer is obliged to notify us as the supplier in writing and without delay of any seizure by way of distraint or any other such intervention.
The buyer is entitled to resell goods delivered with the context of the buyer’s normal business operation. The buyer hereby undertakes to assign to us any claims to which the buyer is entitled as a result of the said resale. The buyer is also entitled to proceed to collect the said claim. As the supplier we undertake not to collect any claims assigned to us by the buyer as long as the buyer continues to comply with the payment obligations incumbent upon the buyer under the terms of the agreement. As the supplier we are entitled to demand that the buyer should provide us with all of the information regarding the debtor as is necessary for us to be able to collect the claim in question and also that the debtor is to be notified of the fact that the claim has been assigned to us. In the event that goods delivered are resold together with other goods, the claim to which the buyer is thereby entitled is to be assigned to us to the extent necessary to cover our claim against the buyer.
The lead time commences from the date on which the confirmation of the order is issued or from the date on which all of the necessary supporting documents, technical specifications, go-ahead and any agreed down payment have been issued by the buyer, whichever is the later. The goods in question are considered to have been delivered once the goods have left our premises or once the buyer has been notified that the goods in question are ready for collection.
The lead time will be extended accordingly in the event of a strike or lockout and also in the event of unforeseen circumstances, the consequences of which serve to impede production. The same applies to any sub-suppliers. In the event hat the buyer postpones delivery, the buyer is obliged to pay the corresponding storage costs of at least one percent of the amount of the invoice per month as from one month from the date on which the consignment in question was ready for delivery. Following the expiry of an appropriate extension of the original term, we are entitled to invoice the buyer for the goods in question or to otherwise dispose of the said goods as we see fit. Should we see fit to present the buyer with an invoice, the sum in question is immediately due and payable upon presentation of the invoice.
Observance of the specified lead time is subject to compliance on the buyer’s part with all of the obligations incumbent upon the buyer under the terms of the agreement. Partial deliveries are permissible.
Risk transfers to the buyer upon delivery. In the event hat the buyer postpones delivery, Risk transfers to the buyer on the date on which the buyer is notified that the goods in question are ready for collection. Transport insurance will be arranged if the buyer so wishes and at the buyer’s expense.
We accept liability for any defects or shortcomings in goods delivered and will repair or replace the goods in question at our own discretion, to the extent that the goods are established to be unusable or severely impaired within six months of delivery and provided that the defects or shortcomings concerned can be proved to have existed prior to the transfer of risk. We are also entitled to issue the buyer with a refund for any sums paid should we see fit. The buyer is obliged to grant us the time and occasion necessary to repair or replace the goods in question. The warranty ceases to apply in the event that the buyer refuses to do so! The parts in question are to be sent to us for inspection at the buyer’s expense. Replaced parts become our property.
In urgent cases we undertake to supply the buyer with replacement goods in exchange for payment. Once our obligation under the terms of the warranty has been duly established we will issue the buyer with a credit note. Any related claims, such as claims for compensation for losses incurred, or loss of use, are hereby expressly excluded.
Any disputes arising in connection with the agreement are to be brought before the district court in Berlin-Wedding. Any deviation from this stipulation must be confirmed in writing.
Any of the terms and conditions of purchase issued by the buyer that are in conflict with these terms and conditions of sale and delivery are not considered to be binding upon the supplier, even if the order was based on the said terms and conditions of purchase and we did not expressly refute the content of the said terms and conditions of purchase. These terms and conditions of sale and delivery replace all earlier terms and conditions of sale and delivery.