General terms and conditions,
H.J. Schewe Baugeräte & Software
1. General information
The following general terms and conditions are for all sales and delivery transactions with the Schewe building equipment & software company.
Customer´s conditions are only valid if both partys to a contract agree on it in writing. Otherwise, no explicit contradiction for our part is needed for their exclusion.
All collateral covenants and contract changes must have our written confirmation for their liability.
If some of the terms of trade were or become null and void, the rest of the contract will not be affected by this.
Our offers are without engagement until conclusion of contract.
We reserve the right to correct calculation and printing errors in the offer.
3. Conclusion of an agreement
The customer is bound to the contract application for three weeks.
The contract is concluded as soon as we have accept the order within this period of time or as soon as we have execute the delivery.
In case of a customer´s order cancellation we impose a cancellation fee of 30% of the order amount.
4. Prices, despatch, transfer of risk
We are bound to the prices agreed on in our contract for four months. If agreed upon a later date of delivery, or if the customer belongs to the circle mentioned in §24 AGB (general terms of trade), we deliver the goods to the current prices on the day of the transfer of risk without further notification of the customer.
The despatch (incl.possible return) is made at cost and risk of the customer, except the parties to the contract have other agreements. The despatch is made ex (to) H.J. Schewe Baugeraete & Software, Pfaffinger Str. 27, D-83533 Edling.
The risk of loss by accident transfers to the buyer, when the goods are transfered to the forward agency or carrier.
Insurances against all kinds of damages are only made at the explicit desire of the customer and at his expense.
5. Delivery period
Delivery periods and dates given by us are only binding, if they were confirmed by us in writing before .
Delivery periods start from the day of issue of the confirmation. The delivery period is kept when the goods have left our company by the end of the delivery period or if the customer has been informed that the goods are ready for despatch.
If we exceed the delivery period agreed upon, the buyer has the right to lay down an additional period of three weeks by registered post and after nonfulfillment of these period to withdraw from the contract.
Because of nonfulfillment the buyer is only entiteled to compensation if the delay in delivery was caused premeditated or careless.
If we cannot deliver in time because of government regulation or measures, circumstances beyond our control, strike, lockouts, hold-ups of traffic or because of delivery failures, the delivery periode or date prolongs by the length of the disturbance.
In case that the disturbance will last for longer, we have the right to reduce or to stop delivery or to withdraw fully or partly from the contract. Then the customer is not entiteld to claim compensation. In such a case we are obliged to inform the customer immediately. In case of a part delivery the customer has the right to withdraw from the contract, if the part shipment is worthless for him.
Possible complains about our goods can only be asserted within 8 days after delivery, as far as the defect is obvious, other defects can be asserted within six months (or only within a warranty period). Written form is absolutely neccessary. To proof the warranty the customer is obliged to present the warranty proof together with the invoice.
Returns have to be insured and franco domicile. In case of no franco domicile returns, we can refuse to accept delivery. We can also refuse to accept delivery of returns, if they were not sent directly by the customer (for instance by a final customers). Justified returns are sent back to the buyer franco domicile (within Germany)
In case of justified complains we have the right either of touching up or replacement delivery.
Only after the second failure, the customer can demand to reduce the price or to cancel the sales contract.
Compensation claims "especially for defect consequential damages", can only be made if the possible damage is based on a permeditated or careless breach of contract for our part.
7. Payment, delay in payment, compensation setoff
All invoice amounts have to be paid immediately after having received the delivery without any deductions, except other terms of payment have been made in written.
In case of a delay in payment, interest to the amount of 4% about the current discount rate of the German Federal Repulic Bank become payable. Towards business men, interest to the same amount are raised from receipt of goods or from a possible maturity date agreed upon, as far as there is a mutual commercial transaction.
Our claims become immediately due (also at deferment), as soon as the buyer gets in arrears with the fullfillment of one or more liabilities, e.g., bills of exchange or cheques have been protested, the customer stops payment, is deeply in dept, a composition or bankruptcy proceeding is filed or instituted, or the adjudication of bancruptcy was refused for a lack of funds. In the above given cases, we are legitimated to reclaim the goods or to withdraw from the contract.
Bills of exchange are only accepted after arrangement. The costs of the bill of exchange and discount costs are payable by the customer.
The customer can explain the compensation setoff towards our claims only then, when he has an uncontested or with the force of law established counter-claim.
We reserve the right to assign our claims to a third party.
If there are well-founded thoughts concerning the credit worthyness of the buyer or his financial backround after conclusion of the contract, we have the right to demand either cash with order or securities within one week from the buyer.
We have also the right to interrupt the execution of the order and to demand immediate payment. In case of refusal we are entitledwill to withdraw from the contract. In this case the customer has no right to claim compensation.
8. Retention of title
We retain the title to the delivered goods until all claims are paid from the business connection of two parties to the contract, also if the claims refer to past orders.
We can treat and process the goods without obliging us.
In case of a resell of the goods the customer automatically assigns his claims to us. We are entitled and the buyer is obliged to give the assignment to the customer in writing at our request. If necessary the buyer has to reserve us the right of property to the goods towards his customer because of the prolonged retention of title.
If the goods, which are under retention of the title, are seized, the buyer has to inform us fully and immediately and he has to inform reserved property is impounded. The customer has to inform third parties about our rights, as well as to place the necessary documents for our disposal. The costs which are involved from our intervention have to be paid by the buyer.
9. Place of fulfillment, legal domicile
Place of fulfillment and legal domicile is Traunstein (Germany) for both parties. That also applies for all liabilities resulting from bills of exchange or cheques.