Terms of Trading
Our offers are without obligation and without engagement until our final order confirmation is received. Each sales as well as deals with our representatives are only obligatory after the receipt of our written order confirmation. Verbal agreements are not valid until they are confirmed by us with a written confirmation. The Terms of Trading are also valid for future deals between Buyer and Seller, even if it is not referred to it in each single case.

 

Delivery time and Delay
a) All delivery times quoted are estimates only and are without obligation. Each kind of trouble in manufacturing and difficulties in delivery – also by our sub-suppliers – release us from the obligation of the quoted delivery time and we shall be entitled to extend the delivery time as well as to deliver the goods in instalments. In the case of eventual delays in delivery the Buyer is not entitled to cancel the contract or to claim against us for delay.
b) Supposing we or our sub-suppliers are unable to perform our obligations because of force majeure, strikes, troubles in manufacturing, lack of raw material, war, delivery stops, including any Government intervention, or similar circumstances beyond the reasonable control of either party the obligations are inapplicable for the time of troubles. In this case the Seller may cancel the complete or partial contract with immediate effect, without liability. In this case the Buyer has no right for claims against the Seller.
c) If the Buyer has any loss due to a delay of delivery caused by one of our sub-suppliers, the Buyer is engaged to demand an indemnity. For each complete week of the delay there might be demanded a maximum of 5th of hundred of the value of that part or the total delivery, which could not be used in time or as agreed due to the delay. Any further losses are not indemnified.

 

Price and Packing
a)  The prices are ex works, excluding packing. We are engaged to effect a price adaptation if the prices increase in the period between the agreement of contract and delivery caused by additional costs of raw material, wages, energy or other costs.
b)  Packing is charged as purchased and cannot be taken back.
c) A surcharge of 10,- € is charged for orders of catalogue products below 50,- €. The minimum order value for temperature probes which are not in the standard range mentioned in the catalogue is 250,00 €. Orders placed for these non standard items below € 250,00 will be charged an extra € 30,00 to cover administration costs.  For orders below 100,- € we deliver only cash on delivery, bank collection or advance payment (less 2% discount).

 

 

Delivery
Delivery is effected when the carrier takes over the goods – latest by leaving the premises – at the Buyer´s risk and account even if paid carriage is agreed. Additional charges for dispatch by Express are at the Buyer´s expense, even if we have take over the transport charges in single cases.

 

Tooling
a) If tooling is necessary for the production of goods we charge for the tooling that part of our costs which is mentioned in the order confirmation.
b) Models, moulds and tooling which are manufactured on our behalf, will become our property without indemnity, even if they are paid by the customer. On no account are we obliged to hand them over to the customer

 

Terms of payment
a)  Our invoices are payable – irrespective of the date of receipt of goods and without prejudice to the right of claims – within 10 days from date of invoice on with 2% discount or within 30 days net. Manufacturing work on behalf of our customers have to be paid immediately without deduction.
b) If the payment is overdue, we are engaged – without futher reminder – to charge interests of minimum 3% p.a. additional to the rate of interest of the Central European Bank from the due date on.
c) If the solvency of our customers gets worse in the period between receipt of order confirmation and delivery or if we get to know that there are doubts about the solvency of our customers we are engaged to ask for payments before the due date, to hold back outstanding deliveries or to cancel the contract.
d)  The due dates agreed have to be kept even if claims under the warranty or in respect of goods defective upon delivery are made.
e)  The risk of transmitting the payment has to be borne by the customer. The customer´s obligation of payment is only fulfilled after the receipt of payment in our premises or after receipt on one of our bank or post bank accounts.

 

Title
All goods supplied by us remain our property in main or secondary matters until all debts are paid. The Buyer is revocable engaged to use the goods in the ordinary course of the business or to connect them to other goods. If we lose property by working on the goods the Buyer´s transfers already today the property of the new product, originated by working on it. The Buyer is revocable engaged to sell the business. The Buyer transfers already today all debts from these sales to us. The Buyer has no right to make other agreements on these goods. The Buyer has to collect the debts on our behalf until we revoke this authorisation explicity.

 

Claims and lieability
a) Claims in respect of goods defective upon delivery have to be made in a written form one week after receipt of the goods and before the goods are used or it is worked on them except of the examination for the claim. Hidden defects, which cannot be discovered in an immediate examination, can only be claimed if we receive the claim within two months after the dispatch of the goods.
b) If the goods are defective the Buyer is engaged to reduce the price or to get new goods free of defect if the buyer returns the supplied goods. Any further claims are excluded.
c) Supposition to claim liability is to use the goods as determined. These guides from the functional specification agreed with the customer before delivery. In order to state the determined usage of the goods the customer is obliged to inform about the detailed usage of the defective goods as well as to submit the delivery note number and invoice number.
d) Usage of the goods in applications where, in case of damage, it could be dangerous for the life and health of human beings is not allowed. Also the usage of the goods in applications where in case of a defect it could cause exceptional great economical damages is forbidden. In this case the user is responsable for the avoidance of all possible consequential damages.

e) All contractual claims are subject to a limitation period of six months after receipt of delivery.
 

Place of performance and legal domicile
a)  Place of performance for all liabilities coming from this business is the company´s premises.
b)  Exclusive legal domicile for all disputes concerning this commercial business is Donaueschingen
c)  German law is applicable to any contract made under these terms.

 

Validity of the regulations
Even if single regulations of these Terms of Trading are invalid or become invalid the other regulations will remain valid.

 

07/2008