I. Recognition of these terms
All agreements and offers are subject to our conditions. They are deemed accepted by placing an order or accepting the delivery. Deviating conditions of the customer, which we do not expressly recognize in writing, are not binding for us, even if we do not expressly object to them.
II. Confirmation of order
All agreements and orders as well as their subsequent amendment require our written confirmation for your liability.
III. Delivery and delivery times
For the scope of the delivery, our written order confirmation alone is authoritative.
The delivery date is only approximate agreed. The delivery period begins on the day the order confirmation is sent and is deemed to have been met if the goods have left the factory / warehouse or the respective manufacturing plant by the end of the delivery period or if the goods are ready for dispatch. In case of early delivery, this is not decisive as originally agreed date. Partial deliveries are permitted. Correct and timely self-supply is reserved.
We are prevented from fulfilling our obligation by the occurrence of unforeseeable, extraordinary circumstances, which we in any case hindered according to the circumstances which we could not avert in all cases of reasonable care, whatever the circumstances of the case - whether in our factory or at a subcontractor - eg Operational disruptions, official intervention, strike and lockout, delay in the delivery of raw materials and building materials so the delivery period is extended to an appropriate extent. If the delivery or service becomes impossible due to these circumstances, we shall be released from our delivery obligation.
If the delivery time is extended or if we are affected by our delivery obligation according to para. 3, any claims for damages derived therefrom and rights of withdrawal of the purchaser shall cease to apply.
IV. Prices and payment
The prices are ex works Ludwigsburg in EURO plus the statutory VAT, costs for packaging, shipping, customs and handling costs. Orders for which not expressly fixed prices are agreed will be charged at the list prices valid on the day of delivery.
All changes in the prices agreed in foreign currency or the exchange rate to the EURO occurring after conclusion of the contract shall be borne by the customer.
Payments are only to be made directly to us. Representatives and traveling employees are not entitled to receive money.
Invoices are payable from the date of invoice within 10 days less 2% discount or within 30 days net. We reserve the right, however, to make deliveries only against cash in advance, cash on delivery or cash on delivery, in particular for initial orders or after payment due dates. If invoices are not settled in accordance with the contract, the performance obligations of LB-Prägetechnik described in the contract do not exist.
The purchase price shall in any case be payable immediately if the customer becomes insolvent, if his assets are subject to court settlement or bankruptcy proceedings, or if his business is sold or another owner takes his place. If the target is exceeded, interest of 8% above the statutory base rate will be charged (§288 II, BGB).
Bills of exchange are only accepted by agreement and on condition of their discountability. Discount charges will be charged from the due date of the invoice amount.
The customer can not offset with a counterclaim, unless it is undisputed or legally determined.
V. Passing of risk, dispatch, freigth
If the goods are sent to the customer at the request of the customer, the risk of accidental destruction and accidental destruction of the goods is transferred to the customer upon delivery to our shipping agent, at the latest when leaving the factory or warehouse, irrespective of whether this shipment is from Place of fulfillment or who bears the freight charges. If the goods are ready for despatch and the shipment or acceptance is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for shipment.
For breakage, damages or loss of the goods on the way of transport is not liable. Shipments are insured by us at the expense of the customer.
The cost of shipping is - unless otherwise agreed - always the customer.
VI. Retention of title
The delivered goods remain our property until full payment of all claims arising from the business relationship, including any current account balances. With the settlement of all claims still outstanding at the time of the payments and covered by the extended retention of title, this (retention of title) expires definitively. By the later emergence of further demands between the parties he does not live up again.
The purchaser is entitled to resell the reserved goods in the normal course of business, but pledging or transfer by way of security is not permitted. The customer is obliged to secure our rights on resale of the reserved goods on credit.
The customer hereby assigns the claims from the resale of the reserved goods to us. However, the customer is entitled to collect the claims as long as he meets his obligations to us and does not fall into financial collapse. At our request, the customer must provide us with the information required for collection about the assigned claims and notify the debtor of the assignment.
Any processing or processing of the reserved goods shall be carried out by the customer for us without any obligations for us. In the case of processing, combining and mixing or mixing the reserved goods with other goods not belonging to us, we are entitled to the resulting co-ownership of the new object in the ratio of the value of the reserved goods to the other processed goods at the time of processing, combining, mixing or blending. If the customer acquires the sole ownership of the new item, the parties agree that the customer grants us co-ownership of the new item in proportion to the value of the processed or combined, mixed or blended retained goods and stores them free of charge for us. If the goods subject to retention of title are resold together with other goods, whether without or after processing, combining, mixing or blending, the advance assignment agreed above shall only apply to the value of the reserved goods which is resold together with the other goods.
The customer must inform us immediately about the execution of third party enforcement measures in the goods subject to retention of title or the claims assigned in advance by handing over the documents necessary for an intervention.
In all other respects, we undertake to release the securities to which we are entitled according to the above provisions at our discretion upon request of the purchaser insofar as the value exceeds the claims to be secured by 20%.
VII. Warranty and notice of defects
If the delivery item is demonstrably defective or if it becomes defective within the warranty period due to manufacturing or material defects, we shall at our discretion provide replacement or rectify it to the exclusion of further warranty claims of the customer. The detection of obvious defects must be reported in writing without delay - at the latest within 10 days of receipt - by giving us access. In case of failure or repair or replacement, the customer may choose to withdraw from the contract or demand a reduction of the purchase price.
The warranty does not cover damage caused by improper handling, use of force and the like.
The warranty period is 12 months from commissioning, but max. 15 months after delivery. Excluded from any warranty are wearing parts and all embossing tools. In the case of possibly necessary service operations on site in Germany and abroad, the client also bears all personnel and travel costs associated with the assignment during the warranty period.
For computers (PC's), complete computer accessories and control components, which we procure ourselves, optical and electro-optical components, aggregates etc. warranty claims exist only to the extent and to the extent that they are granted LB-embossing technology by the respective suppliers.
We are liable to the same extent for replacement deliveries and repair work as for the original delivery item. For replacement deliveries, the warranty period begins to run again. Eliminating faults on the subject matter of the contract requires the use of LB embossing technology original replacement and wear parts.
If it is impossible to return the replaced or unneeded parts to the behavior of the contracting party, then LB-Prägetechnik is entitled to invoice these parts.
VIII. Claims for damages
The amount of compensation claims of the customer in the event of impossibility of performance or delay in performance, which are based solely on negligence, shall be limited to a maximum of 5% of the net order value for each contractual relationship. Liability in this case is also only for direct damage into consideration.
Any claims for damages of the customer in the event of a positive breach of contract (in particular for accompanying or consequential damages) and in case of breach of obligations during the contract negotiations, which are based solely on negligence, are excluded.
Damage claims of the customer from tort are excluded even in case of gross negligence.
The provisions of §309 No. 7 BGB remain unaffected.
IX. Compensation for cancellation of contract
If an order is canceled for reasons for which the customer is responsible, it must pay us compensation of at least 25% of the net order value, without prejudice to the possible assertion of a higher actual damage.
X. Other provisions
Illustrations, dimensions, weights, performance and power consumption, etc. are given as accurately as possible in the brochures and lists, but they are not binding. This also applies to pattern embossing, especially if it was or could not be made on original material in the final state.
For assembly, commissioning, training and production support special provisions apply. LB embossing technology generally guarantees a reaction time of 48 hours for the final location Germany in the agreed service period. The service period is Monday to Friday from 8:00 am to 5:00 pm (holidays within one working week excluded).
For deliveries abroad, the above provisions apply, unless otherwise agreed in writing. At the request of the customer, we can also give weight specifications, which are always non-binding. Also we can give no guarantee for the compliance with foreign packing and customs regulations.
Should individual provisions be or become ineffective, the validity of these conditions of sale, delivery and payment shall not be affected.
XI. Place of performance, jurisdiction and applicable law
Insofar as the customers are merchants, legal entities under public law or special funds under public law, Ludwigsburg shall be deemed to be the place of fulfillment and Stuttgart as place of jurisdiction.
The contractual relationship is subject in all cases to German law.