Terms of delivery

These terms correspond with the already known former terms of the German Precision Tools Association (DPV).

All our deliveries - even those in future - are only effected on the basis of the following terms. The purchasing terms of the buyer are herewith contradicted. Even if we do not contradict them explicitly after arrival, they are not accepted. These terms of delivery and payment apply to be accepted with the acceptance of our goods at the latest.

I. Placement of order
An order first applies to be placed, when it is confirmed in writing by the supplier. Additions, changes or oral sub-arrangements depend on written confirmation by the supplier to become efficient. Placed orders are irrevocable.

The records included in the printed matters of the supplier like specifications of length and weight, illustrations an descriptions are only approximately binding, without any obligation to inform about effected changes.

The supplier reserves the right of property and the copyright for illustrations, drawings, sketches and other records; they may not be handed over to others without the permission of the supplier and they have to be send back immediately if asked for.

The orderer is absolutely responsible for the records, which have to be delivered by him, such as drawings, calibres, samples or similar records. Oral indications about dimensions have to be confirmed in writing.

Samples are only supplied against invoice.

II. Prices
Prices are to be understood ex works or ex shop, according to the supplier`s choice, and do not include packing, freight, postage and insurance. These terms are also valid for parial deloveries and express deliveries.

Packing and despatch are executed with the utmost care, but without any responsibility on the supplier`s part.
In case of return of crates free works or free shop, half of their sales price is paid, if the crates are in an un-damaged condition.

Tools which are not up to the list or tools with special measures are subject to a price surcharge caused by the specified production, which has to be determined before placing the order. If such an agreement is not made, or if the exact fixing of the price os not possible, it will be fixed on the basis of the cost price plus an adequate profit surcharge.

Prices are subject to changes in case of common increases of production costs.

III. Terms of payment
Payments have to be effected within 30 days from date of invoice in Euro and in cash without any deduction free payments office of the supplier. - also valid for partial deliveries -

Cash discounts cannot be granted in case of delayed payment, in accordance with the law.

In case of delayed payment, we charge interest at interest cost for short-term bank loans plus an handling fee of 3%. Bills of exchange are only accepted as a means of payment.

Deliveries to companies which are unknown to the supplier are only effected against payment in advance or as a registered consignment, carriage forward. Tools made to specification are only delivered to such companies against adequate deposit, whereas the settlement takes place with the delivery.

A decrease of the customer`s ability to pay or the non-compliance with the payments agreement allow the supplier to change the terms.

If payments are stopped or if the customer gois bankrupt, the selling price falls due immediately.

It is not allowed to withhold payments or to set payments off against any demands of the customer.

The supplier reserves the property right of the supplied goods until all his demands are settled, it does not matter for which kind of legal reason.

At this point the buyer hands over the demands, which result from the resale of the goods belonging to the re-servation of property rights, to the supplier.

IV. Delivery Time
The observing of the delivery time takes the fullfilling of the contract by the customer for granted. The delivery period is observed if the goods to be delivered have left the factory or if the despatch advice has been sent before the delivery period runs off.

In case of unforeseen obstacles, which are beyond the supplier`s control (i.e. breakdowns, becoming rejections, delays in the supply of raw material etc.), the delivery period is extended. The supplier does not take any responsibility for these obstacles in delivery, even if they appear during a delay, which has already happened.

The supplier must inform the customer about the beginning and the end of such obstacles.

Hereby partial deliveries at the customer`s cost are allowed.

V. Despatch
The despatch is effected at the customer`s risk. Goods which have been damaged in transit are only replaced by the supplier on the basis of a new order against the charging of the valid price.

The supplier arranges at the customer`s cost for the best possible insurance to cover damages during transportation if he has explicitla been ordered to do so.

The supplier has to be informed in writing immediately after the goods have been received about deviations from the despatch advice or from the invoice.

VI. Return of shipment
Returns from wrong ordered products is possible during 30 days after delivery date. We need a restoring-charge of 10 %.

VII. Liability for defects
Faulty tools are replaced within the legal period of limitation free of charge.

Liability cannot be granted for tools, which are subject to warly wear and tear because of their type of material or because of the way of usage; furthermore not for damages resultingfrom natural wear, faulty or careless handling, extreme using, unsuitable operational material, chemical, electro-technical or electronical influences, effects of the weather or other natural effects.

Liability cannot be granted for the reaction of tools, which have been sent in for final manufacturing, reconditioning or reworking, during processing and hardening. If the material gets damaged during processing, a certain part of the price agreed upon has to be reimbursed to the supplier.

In the job processing 3% of the production scrap at cast-by-standing have to be beared by the customer.

Further demands of the customer of any kind, especially for transformation, reduction or replacement are not allowed.

Unfounded complaints, which cause extensive investigations. It is possible to charge the customer with the cost of the examination.

VIII. Special Tools
If special tools are ordered in larger quantities, it is allowed that the consignment differs about an adequate number of pieces, i.e. approximately 15%.

IX. Contrary terms of purchase
Delivery terms of the customer, which are in contrast to these terms are without engagement for the supplier, even if they have not been stipulated in the order and the supplier has not explicitly contradicted their content.

X. Place of jurisdiction
The place of jurisdiction for alkl disputes directly or indirectly resulting from the contract, even in cases of protesting a bill of exchange, is Dorsten.