General terms of delivery and payment of DRUCK & TEMPERATUR Leitenberger GmbH
1. Validity
The following general terms and conditions of delivery and payment apply to all current and future business relations with us. Any terms and conditions of the customer are hereby expressly rejected. These are deemed to be excluded.
2. Offer and conclusion of contract
Our offers are always subject to change and non-binding. A contract with us shall only come into existence upon our order confirmation to the customer. Verbal agreements shall not apply unless they are confirmed by us in writtten form.
3. Prices and terms of payment
We only deliver against advance payment. If other payment agreements have been made in written form, we shall be entitled to demand immediate payment of outstanding claims if we subsequently become aware of circumstances which reduce or worsen the creditworthiness of the customer. If agreed payment terms are exceeded, all outstanding claims shall become due. If our claims are not settled immediately, we shall be entitled to refuse further fulfillment of the contract. We expressly reserve the right to assert further claims.
4. Delivery
The delivery period shall commence upon receipt of our order confirmation. It shall be deemed to have been met when the relevant consignment has left our premises. All shipments shall be at the expense and risk of the customer. It is the responsibility of the customer to insure his delivery of goods. Delivery times are not binding. In the event of non-compliance, claims for damages due to delay are excluded, in particular in the event of force majeure and unforeseen circumstances affecting us.
5. Warranty provisions
The warranty period is one year (unless any another period is expressly stated in the data sheet applicable to the product (latest version)). Incoming deliveries must be inspected immediately for completeness and defects. Complaints must be reported to us immediately in written form, at the latest within eight days of delivery. Otherwise the delivery shall be deemed to be in accordance with the contract. In the event of justified defects, the defective parts shall be repaired or replaced free of charge at our choice. Defective parts shall become our property. If the defect is not remedied despite repair or redelivery, the customer shall be entitled to the statutory warranty rights. Further rights are excluded, in particular claims for damages, irrespective of the legal grounds, except in the case of intent or gross negligence.
6. Retention of title
All goods delivered by us shall remain our property until all claims have been paid in full. This shall also apply if goods supplied by us are combined with other items. In this case, we shall acquire proportional co-ownership in the ratio of the value of the goods subject to retention of title to the other material values. The customer is authorised to sell the goods delivered under retention of title in the ordinary course of business. In this case, the purchaser hereby assigns to us his future claims against his customer. At the request of the customer, we are obliged to release securities to which we are entitled if their value exceeds 20% of our claims.
7. Place of fulfillment / place of jurisdiction
The place of fulfillment and jurisdiction is Kirchentellinsfurt. German law shall apply exclusively, with the exception of the standardised UN Convention on Contracts for the International Sale of Goods (CSIG), which is expressly excluded.