Terms of Sale and Delivery

1. General

Our deliveries and services are generally made only under the following terms and conditions.
Deviating conditions and side agreements always require our written confirmation.
If, in exceptional cases, partial deviations are agreed upon, the remaining terms and conditions remain unaffected.

2. Offers and Prices

All our offers are non-binding. Offers based on buyer specifications or drawings are always non-binding.
If measurements or agreements result in changes to dimensions or quantities, we are entitled to charge these additionally.

3. Delivery Time

Delivery times provided by us are approximate. Unforeseen events entitle us to postpone or cancel the delivery obligation.
In both cases, the buyer has no claim for damages.

4. Installation

Before installation begins, the client must ensure that the installation site is clear and that our installers can work unhindered.
Electricity, water, scaffolding, protective structures, barriers, and cranes must be provided free of charge.
Any additional costs due to installation interruptions caused by the client (waiting time, travel time, transport costs, etc.) are borne by the client.

5. Payments

Unless otherwise agreed, our invoices are payable within 8 days of the invoice date with a 2% discount, or within 4 weeks net.
If our invoices are not paid on time, we are entitled to charge default interest in accordance with § 288 para. 1 BGB in conjunction with § 352 para. 1 HGB from the due date.
Bill payments are accepted only by prior agreement.

6. Retention of Title

For the delivery of industrial brushes:

The delivered goods remain our property until full payment is made.
In the case of resale of our unpaid goods, we must be notified immediately.
The goods may neither be transferred nor pledged.

For the delivery of wire from our fine wire drawing workshop:

We retain ownership of the goods supplied until all payments arising from the business relationship with the customer have been received. The retention of title also applies to a recognized balance if we book claims against the customer in ongoing accounts.
In the event of a breach of contract by the customer, particularly default of payment, we are entitled to repossess the delivered goods; the customer is obliged to surrender them. Repossession by us does not constitute withdrawal from the contract unless expressly stated.
In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file a third-party objection according to § 771 ZPO. If the third party cannot reimburse us for the court and out-of-court costs, the customer is liable for the resulting loss.
The customer is entitled to resell the delivered goods in the ordinary course of business. However, the customer hereby assigns all claims (including VAT) arising from the resale to us, whether sold unprocessed or after processing. The customer is authorized to collect these claims. Our right to collect the claim ourselves remains unaffected. We will not collect the claim as long as the customer fulfills payment obligations properly and is not in default. We may demand that the customer provides details of the assigned claims and debtors, hands over the necessary documents, and informs the debtors of the assignment.

Processing or transformation of the delivered goods by the customer is always carried out on our behalf. If the delivered goods are processed with other goods not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered goods relative to the other processed goods at the time of processing. The same applies to the new item as to reserved goods.
If the delivered goods are inseparably combined or mixed with other goods not belonging to us, we acquire co-ownership in proportion to the value of the delivered goods relative to the other combined or mixed goods at the time of combination. If the customer’s item is considered the main item, it is agreed that the customer transfers proportional co-ownership to us. The customer holds our sole or co-ownership for us. We undertake to release securities to the customer on request, to the extent that their value exceeds the secured claims by more than 20%.

7. Complaints

Complaints must be submitted to us in writing no later than 8 days after delivery or installation.
Complaints do not exempt the buyer from timely payment of our invoices.
Minor deviations, especially changes serving technical progress, cannot be considered defects.

8. Place of Performance and Jurisdiction

The place of performance for all obligations arising from the contract is the registered office of our company.
The place of jurisdiction is Iserlohn, NRW.

Status: 11.12.2019