Terms of service
Art. 1
Unless otherwise agreed in writing, the legal relationship between the parties is governed by these general terms and conditions, which the customer declares to have read and which take precedence over any general terms and conditions of the customer's own.
Art. 2
The specifications and price offers are based on the currently valid values of wages and materials. If these undergo changes, we reserve the right to adjust the prices proportionately.
Art. 3
Orders accepted by our representatives are only binding after our written order confirmation.
Art. 4
In case of cancellation of the order, the buyer shall owe a fixed compensation amounting to 10% of the value of the order.
Art. 5
Delivery dates are given by way of information only and do not bind the seller.
Art. 6
Our liability for defects in the delivered goods does not exceed that of our suppliers.
Art. 7
The goods are shipped at the buyer's risk. Transport costs, unless otherwise stipulated, shall be borne by the buyer.
Art. 8
If the buyer does not collect the goods on the date communicated to him, we reserve the right, after the expiry of a period of fifteen days, to consider the agreement as dissolved and this without prior notice.
Art. 9
Storage of the goods pending delivery or collection takes place at the buyer's risk. Any costs associated with the storage of the goods due to the buyer's failure to meet the delivery date will be charged to the buyer.
Art. 10
If we are unable to execute the agreement due to force majeure, strike, lockout, etc., we reserve the right to terminate the agreement without any compensation being due.
Art. 11
We reserve the right to regard the agreement as terminated by operation of law and without prior notice of default in the event of bankruptcy, judicial reorganization, apparent insolvency as well as in the event of any change in the buyer's legal situation.
Art. 12
Complaints concerning the delivery must reach us within eight days after delivery and in any case before the use or pre-sale of the goods.
Art. 13
The protest against the invoice must be made in writing and by registered mail within eight days after the invoice date. It is requested to always mention the date and number of the invoice.
Art. 14
All invoices are payable in cash, unless explicitly stipulated otherwise.
Art. 15
In case of non-payment of the invoice within the stipulated term, interest will be due automatically, without prior notice, at a rate of 1.5% per month of the invoice amount. Likewise, a lump-sum compensation in the amount of 15% of the invoice amount (with a minimum of 50 EURO) shall be payable by operation of law and without prior notice of default as damages. Expenses related to unpaid bills of exchange or checks as well as other income are not included in this fixed compensation and will be charged to the buyer separately.
Art. 16
In case of non-payment, we reserve the right to stop further deliveries. We also reserve the right to regard the agreement as terminated by operation of law and without prior notice of default for the whole or the part not yet fulfilled.
Art. 17
As long as the delivered goods have not been paid for, they remain the property of the seller. Notwithstanding art.1583 of the Civil Code, the right of ownership over the sold goods is transferred to the buyer only after full payment of the agreed price. However, the risk passes to the buyer from the conclusion of the contract.
Art. 18
If any clause of these invoice terms should be invalid or unenforceable under applicable law, this shall not affect the validity or enforceability of the remaining clauses. In that case, the parties shall negotiate in good faith a new valid or enforceable clause that is not substantially different from the void or unenforceable clause. In case the parties fail to negotiate a new valid or enforceable clause, the competent court may moderate the invalid or unenforceable clause to what is legally permissible.
Last revision 13.03.2024