General Terms and Conditions
Terms & Conditions
By placing an order, our following delivery and payment conditions belong, unless otherwise agreed, to a contractual part and exclude conditions of purchase of the buyers. For contracts with companies, within the meaning of the applicable debt law since 01.01.2002, modifications of these conditions must be agreed in written form. For contracts with consumers, within the meaning of the applicable debt law since 01.01.2002, the following conditions do not apply, except they are inconsistent with the law of obligations in the new mandatory provisions.
2. Offers and prices
Our offers are without obligation. Our price lists are subject to the alterability. Samples and patterns are considered as average failure. Illustrations, graphs, analyzes, information on weights and measures, freight and so on are without commitment.
3. Delivery and delivery time
The delivery also happens at the buyers risk if the delivery is free of charge. The delivery period starts after clarification of all details. Unforeseen events that are beyond our influence, extend the delivery time. The claim for compensation can not be derived therefrom.
4. Claim and warranty
Buyer has to check whether the good is suitable from the contractually agreed quality and for its intended purpose. If this examination refrains, or is not executed in the need for extensive or identifiable defect, wrong deliveries or quantity variance is shown us not immediately, but not later than within 14 days after receipt of the goods, the goods are deemed as approved. Unrecognizable deficiencies are deemed as approved if they are not shown to us immediately after their discovery, but not later than 6 months after delivery of the goods of dispatch. Complaints must be claimed in written form indicating the invoice or delivery note number. Defective goods have to be returned only with our explicit agreement.
5. Liability and damages
Duly submitted and justified claims we will comply with discount, repair, replacement or withdrawal of the goods with refund of the purchase price. For any consequential harm caused by a defect we adhere to the following provisions: claim for damages of the purchaser because of delayed delivery or failure, that was not delivered on time, are limited on the value of the quantity of the goods. Claim for damages because of postive breach of the contract or deliberate act are excluded. This does not apply if we adhere for bodily injury or for damage to private property under the Product Liability Act, as well as intent or gross negligence or careless breach of contract. Insofar our liability shall hereafter be excluded or limited, this also applies to our employees.
Invoices are, unless otherwise agreed, due strictliy net for payment immediately after receiving the goods. In case of late payment we are entitled, without the requirement of a law of default, to a default interest at the rate of 2, available via the base rate of the ECB. In case of delay in payment are all outstanding loans ( including those which are not falling due yet) payable strictliy net immediately.
7. Retention of title
We retain the ownership to all by us supplied goods to the completed settlement of all our claims. By manufacturing of the goods in the normal fabrication process of the buyer, he assures us the maintaining our retention of title to the manufactured items in the appropriate value. Forfeiting and cession by security to others are not allowed during the contract period of our retention of title. By the payment in exchange or check our reservation of title will disappear after encashment of the papers.
8. Place of performance and jurisdiction
Place of performance for our deliveries and for the payment of the buyer is Hohr-Grenzhausen/ Germany. Court of jurisdiction for merchants as soon as they are not small merchants, legal persons of public law and special fund of public law, is the for the seat of the company for the Carl Jager responsible court.
9. Partial repeal of these terms
Should any of the above delivery and payment conditions be eliminated by law or by special contract, the validity of the remaining provisions will not be affected.