Terms of service
Art. 1
Unless otherwise agreed in writing, the legal relationship between the parties is governed by these general terms and conditions, which the customer declares to have read and which prevail over any general terms and conditions of the customer's own.
Art. 2
Estimates and quotations are based on the wage and material costs currently applicable. Should these change, we reserve the right to adjust the prices proportionately.
Art. 3
Orders accepted by our representatives are binding only after our written order confirmation.
Art. 4
In the event of cancellation of the order, the buyer shall owe fixed-sum damages amounting to 10 % of the value of the order.
Art. 5
Delivery times are given for information purposes only and are not binding on the seller.
Art. 6
Our warranty obligation in respect of defects in the goods delivered does not extend beyond that of our suppliers.
Art. 7
The goods are shipped at the buyer's risk. Unless otherwise stipulated, transport costs shall be borne by the buyer.
Art. 8
If the buyer fails to collect the goods on the date notified to the buyer, we reserve the right, after the expiry of a period of fifteen days, to consider the agreement dissolved, without prior notice of default.
Art. 9
Storage of the goods pending delivery or collection is at the buyer's risk. Any costs associated with the storage of the goods as a result of the buyer's failure to respect the delivery date shall be charged to the buyer.
Art. 10
If, as a result of force majeure, strikes, lockouts or the like, we are unable to perform the agreement, we reserve the right to terminate the agreement without any compensation being claimable.
Art. 11
We reserve the right to consider the agreement dissolved by operation of law and without prior notice of default in the event of bankruptcy, judicial reorganisation or manifest insolvency, as well as in the event of any change whatsoever in the legal status of the buyer.
Art. 12
Complaints concerning the delivery must reach us within eight days of delivery and in any event before the goods are used or resold.
Art. 13
Any objection to the invoice must be made in writing by registered letter within eight days of the invoice date. Please always state the date and number of the invoice.
Art. 14
All invoices are payable immediately, unless expressly stipulated otherwise.
Art. 15
In the event of non-payment of the invoice within the stipulated period, late-payment interest of 1,5 % per month on the invoice amount shall be due by operation of law and without prior notice of default from the due date. In addition, fixed-sum compensation of 15 % of the invoice amount (with a minimum of 50 EURO) shall be due as liquidated damages by operation of law and without prior notice of default. Costs relating to unpaid bills of exchange or cheques, as well as other income, are not included in this fixed-sum compensation and shall be charged to the buyer separately.
Art. 16
In the event of non-payment, we reserve the right to suspend further deliveries. We also reserve the right to consider the agreement dissolved by operation of law and without prior notice of default, in whole or in respect of the part not yet performed.
Art. 17
As long as the goods delivered have not been paid for, they remain the property of the seller. By way of derogation from art.1583 of the Civil Code, ownership of the goods sold shall pass to the buyer only upon full payment of the agreed price. The risk, however, passes to the buyer from the conclusion of the contract.
Art. 18
Should any provision of these invoice terms be invalid or unenforceable under the applicable law, this shall not affect the validity or enforceability of the remaining provisions. In that case, the parties shall negotiate in good faith a new valid or enforceable provision that does not differ substantially from the void or unenforceable provision. If the parties fail to negotiate a new valid or enforceable provision, the competent court may reduce the invalid or unenforceable provision to what is legally permissible.
Last revised 13.03.2024