The following conditions are obligatory on all orders. Deviations or verbal subsidiary agreements require our written confirmation. We cannot accept purchaser conditions, even if we do not contradict. The purchaser accepts our conditions when placing the order. Undeserved events and cases of higher force relieve us of received obligations.
All offers are not-binding. Our valid catalogues and/or price lists are a part of our offer. Samples are supplied against payment in general.
Orders are only considered as accepted if they were confirmed in writing by us. The acceptance of an order does not obligate us to the acceptance from follow-up orders to same conditions.
The prices are quoted in Euro, plus legal value added tax for deliveries within Germany. These are not-binding and apply to supplies ex works Wuppertal, without packaging. Packing is not taken back. We must reserve ourselves a change of the prices, in particular, if general price and wage increases or increases of the public charges occur after the purchase.
If not offered expressly differing by us in writing, the following applies: All deliveries take place on risk of the receiver. The deliveries are carried out for the account of the receiver. We supply on the mode of transportation which is the most favourable in our discretion. With small orders up to a net value of goods of € 500.00 we have to charge forwarding and handling fees of a value of € 50.00. For orders, which do not correspond with our packing units, we reserve ourselves the right to complete the orders in accordance with our packing units.
Usually we deliver all articles of our current delivery program from stock within a few days. Otherwise we confirm the delivery time caused by the manpower situation, which is however noncommittal for us. If this is exceeded by us, then the purchaser can withdraw the contract after expiration of an appropriate extension of time which can be determined by him. Further requirements are excluded, partial deliveries are permissible. If the proceeding of the order is delayed by default of the buyer, we are absolved from our dates of delivery. If the buyer does not find a remedy immediately, we can require substitution of the additional expenses or withdraw from the contract after an appropriate period.
TERMS OF PAYMENT
If not offered expressly differing by us in writing, the following applies: Our invoices are payable: 10 days after invoice date ./. 2% discount or 30 days after invoice date net.
We reserve ourselves the property and copyright of illustrations, designs and other documents, in particular of illustrations, designs and other descriptions in the internet. A use of our proprietary illustrations, designs and representations requires our formal written agreement and applies with trade partners exclusively to the period of a co-operation. With the change of the supplier for our products to a new supplier, the use of our illustrations, designs and representations is to be terminated immediately. This applies also to illustrations, designs and description of single parts of our delivery program.
RETENTION OF TITLE
We reserve ourselves the property of the supplied article up to the receipt of all payments from the supply contract. If the buyer does not follow his contractual obligations, in particular in the case of the delay of payment, we are entitled to take the supplied article back; the buyer is obligated to the hand out the article. In the cancelling demand no cancellation of the contract is to be seen, unless we this would expressly have affirmed in writing. The buyer is entitled to resell the supplied article in the tidy course of business. He already now assigns all claims to us amounting to the invoice value, which accrue for him towards a third party by the resell. We accept the assignment of this claim. After the assignment of the claim the buyer is authorized to the collection of the receivable. We reserve ourselves to collect the claim as soon as the buyer does not follow his liabilities duly and falls behind. The processing of the supplied article always takes place in the name and in the order of us. If a processing takes place with articles not belonging to us, then we acquire the co-ownership in relation to the value of the article supplied by us to the other finished articles at the new object. The same applies, if the supplied article is mixed with other articles, not belonging to us. If the supplied article is connected with a property, then the buyer assigns the claim as security, which accrue for him due to this combination towards a third party. We commit ourselves to release the securities which are entitled to us on demand of the buyer provided that their value exceeds the claims which have to be secured by more than 20%.
NOTICES OF DEFECTS
Each delivery has to be examined immediately for defects. Objections are to be made in writing latest within seven days after receipt of the goods. The same applies with hidden defects starting from determination of the defect. Also in case of objections the purchaser is obligated to keep the goods duly at his expense up to the completion of the notice of defect. Quantitative deviations within the commercial custom are permissible. We must be given the opportunity to examine a reprehended defect on the premises. Without our agreement the criticized goods may not be changed or used under loss of the warranty laws. The defectiveness has to be proven by the purchaser in general. With justifiable notices of defect, we can optionally mend free of charge, supply gratis replacement or give credit note about the complained material. Upon our request the defective material must be returned to us. Further demands, in particular on payment of damages, are excluded. In case however that rework or replacement is omitted or is impossible, the purchaser has the right to withdraw from the contract. We can refuse the guarantee for a lack until due obligations of the purchaser are fulfilled. For parts supplied by subcontractors we issue the guarantee only in the context of the guarantee of the subcontractor. Characteristics are considered as assured only if there is an explicit, written agreement. In principle, the warranty does not have the meaning to protect the purchaser against consequential damage. For damages, which result from inappropriate handling or processing or any other use of our goods, we do not assume liability. If and as far as the goods which are about to be delivered may be used or processed only in accordance with the technical information compiled and provided by us any liability for damages, which might arise due to non-observance of the technical information, is excluded. Guidance about the article of sale takes place to the best knowledge, however without recourse. The examination, whether the goods which were ordered or suggested by us are suitable for the intended application or the proposed procedure, is obligation of the orderer. No responsibility is taken for the suitability of the goods. Guarantee becomes time-barred after the expiration of six months starting from delivery of the goods.
Returns of perfectly packed goods, which does not require post-processing, can be credited with up to 80% of the order value, depending upon date of first delivery.
DIMENSIONS AND WEIGHTS
Dimensions and weights. The dimensions, drawings and illustrations, which are specified in product descriptions, quotations, brochures, catalogues and price lists, are without obligation and can be changed from us without any special notice. Complaints resulting from this cannot be derived.
For special productions we must reserve ourselves over- or short deliveries up to 10%. Orders about special materials cannot be withdrawn. This applies likewise to serially manufactured articles, if they were ordered with a special character or a special marking.
PLACE OF DELIVERY AND AREA OF JURISDICTION
To these terms of delivery and the entire legal relation between us and the buyer the right of the Federal Republic of Germany applies. The application of international purchase right is impossible. Place of delivery for supplies and payments is Wuppertal. Area of jurisdiction for all resulting controversies is the court responsible for Wuppertal.
TERMINATION OF AN AGREEMENT / CANCELLATION
If the contract is waived by the buyer or if an order/partial order is cancelled by the buyer, the buyer of the Stannol GmbH & Co. KG has to compensate all costs, which resulted from the cancellation of the agreement. This applies particularly for cancellation or withdrawal costs, which the Stannol GmbH & Co. KG is charged for by their suppliers, for costs of the purchase of goods, which cannot be returned, and for all other expenditures, which incurred to Stannol GmbH & Co. KG in the course of contract execution and its completion, like lawyer costs, transport costs etc.
We are not liable for the impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other unforeseeable events at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, Shortage of manpower, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the missing, incorrect or not timely delivery by suppliers), which we are not responsible for. If such events make delivery or performance significantly more difficult or impossible and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration.
APPLICATION TECHNOLOGY CONSULTATION
The advisory service of our application technology in word or writing is noncommittal, no matter whether it proceeds from the company from or of one of our commercial agents - also regarding any patent rights of third parties - and does not release our customers from the own examination of our products on its suitability for the intended procedures and purposes. But if a liability should be applicable on our part, then we pay compensation only to same extent as with lack of quality.