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All our sale transactions are subject to the following conditions. Our customers` own divergent purchase conditions are not binding for us, even if we have not expressly contradicted them.
In principle, our offers are non-binding regarding quantity, price, delivery time and availability, unless otherwise agreed in writing. Offers of our agents are valid only with our written confirmation.
Orders – also such via our agents – and oral collateral agreements shall become binding only after we have confirmed them in writing. In case of immediate delivery, our invoice replaces order confirmation and dispatch note.
Our prices apply ex Albstadt, packing included, according to the currently valid price lists unless otherwise agreed in individual cases. Should a significant change in the price of raw materials, wages, freight costs, taxes or public charges arise, we are entitled to agree upon a corresponding price change with the buyer.
We are obliged to deliver only if we have confirmed the order in writing. Cases of force majeure or other events occurring through no fault of our own entitle us to postpone the delivery for the duration of the hindrance or to withdraw from the contract; in such case, we will inform the buyer immediately. Notice of default and contract cancellation due to exceeding the time of delivery are permissible only if agreed in writing. Claims for damages due to non-delivery or delayed delivery or any other reason connected to the contact are excluded. Our shipments always travel at the risk of the buyer, even in case of postage paid deliveries. The buyer thus bears the transport risk including breakage, leakage, confiscation or other dispositions of higher authority. The transport insurance is covered by us – transport damages must be immediately reported to the respective transport company including application for a damage certificate. Compensation is claimed by the consignee or by us on request. We ship at our best discretion without liability for the cheapest shipping method. Partial deliv-eries are permissible.
Legitimate notices of complaints may be considered only if they are announced within 5 days after receipt of the shipment. Goods that are the object of a complaint must be in the same condition in which they were delivered. In case of legitimate notice of defect, we are only obliged, at our discretion, either to offer a reasonable price reduction or to take the goods back in whole or insofar as defective. The purchase price for the quantity taken back is either subtracted from the total or we deliver non-defective replacement for the returned goods. Further claims, in particular claims for compensation, are excluded. Goods may be returned only with prior written agreement. In the event that goods are transferred to a third party, the goods are considered to have been unconditionally accepted. In addition, the corresponding warranty conditions apply for devices. Our written and verbal information and recommendations represent the best of our knowledge; however, we assume no warranty. We are liable for uncompromised quality of the goods until delivery. Since use is outside of our range of influence and we cannot foresee all circumstances of use, we accept no liability for possible direct or indirect damage that are the result of application for whatever reason and which may also occur when the goods are used in compliance with our instructions. In addition, we do not accept liability for damages caused by transport, handling and storage. To the extent that the use of our goods is subject to legal provisions, the buyer is responsible for considering all related issues. Assurances on characteristics and possible uses of our goods apply only if made in writing.
Unless otherwise agreed, the payment is due no later than 30 days after date of invoice, independent of goods receipt and notwithstanding the right to compensation. Payments are to be made without any deduction. In case of payments within 10 days from the date of invoice and for advance payment, a discount of 2 % may be deducted. Failure to keep the agreed term of payment entitles us to charge, without prior notice of default, corresponding default interests equal to the currently valid basic interest rate (www.basiszinssatz.info). In case of check payments, the goods remain our property until the check is cashed. Retention or set-off of payments due to any claims or counterclaims of the buyer are excluded. In the event of doubt about the solvency of the buyer, we are entitled to withdraw from all pending delivery contracts or to demand advance payments for all executory contracts. If we assert one of these rights, all invoice amounts outstanding at that time are immediately due for payment.
The European Commission set up an internet platform for online dispute settlements. The platform serves as a contact point for the out-of-court settlement of disputes on contractual obligations arising from contracts of sale and service concluded online. Click the link below to find the platform: http://ec.europa.eu/consumers/odr.
The Frowein GmbH & Co. KG Company does not participate in consumer arbitration according to the Act on Alternative Dispute Resolution in Consumer Matters.
The delivered goods remain our property until complete payment of the purchase price and all ancillary costs and until any and all previous deliveries have been paid in full. They may only be resold or processed in the proper course of business. All claims due to the buyer through sale or processing are considered to be assigned to us until full payment of all deliveries. The buyer has the right to collect the assigned claims, as long as we do not revoke this authorization. This authorization also lapses without express revocation upon suspension of payment of the buyer. At our request, the buyer shall immediately inform us in writing to whom he has sold goods or for whom he has carried out services and which claims arose from this for him. If the value of the securities existing for us exceeds our claims by more than 20 %, we will release securities at our discretion at the request of the buyer. Pledge or chattel mortgaging to third parties before payment is inadmissible and legally invalid. In case of access by a third party, the buyer is obliged to object immediately and to inform us by registered letter. We can assert the reserved ownership at any time if the buyer is in default of payment or if there is a substantial deterioration in his asset position. In the event of insolvency proceedings over the assets of the buyer, we may request selection of the goods still on hand.
Packaging is not charged and not taken back by us, unless otherwise agreed. Packaging is carried out according to our discretion.
The place of performance for delivery and payment is Albstadt. Court of jurisdiction for both parties is Albstadt.