Terms of sale, delivery and payment

These general conditions of sale, delivery and payment apply to the total duration of the business relationship with the buyer, even if they are no longer referred to in later transactions. They shall also apply if the buyer refers to other conditions, unless we had expressly agreed in writing. The delivery conditions will be only valid after our written order confirmation. By accepting our goods and services, the buyer agrees in any case out terms and conditions.
Our offers are always free.
Our prices are in Euro ex works, excluding VAT, customs duty, freight and packing. The minimum order value for re-seller is € 100.00 . Smaller values may be delivered, but with a minimum surcharge of € 10.00 . The customer accepts expressly our minimum packaging unit. Unless otherwise agreed, we reserve the right to carry out deliveries as partial deliveries, always with freight and packaging costs.
The packaging will be charged at cost price.
The delivery dates indicated by us are without obligation. We are, however, endeavored to meet specified delivery dates. We expressly refuse claims for damages and cancellations for late deliveries, in particular if they are products, manufactured according to customer requirements.
We warrant that the products supplied by us are free from technical defects and processing errors. Complaints of any kind must be communicated to us immediately in writing, at the latest within 8 days after receipt of the goods. For justified complaints, we shall immediately exchange or repair them. We are not liable for consequential damage caused by technical defects or processing defects. On equipment, warranty is one year against manufacturing defects. On accessories and welding torches warranty 1/2 year against manufacturing defects. Basically, our warranty covers exchange or free repair of the defect parts. Warranty for defects as a result of normal use will be excluded. The repair of defective devices is done exclusively in our workshop under consideration of working and shipping costs. On request, we can determine the estimated cost (+/-10%) in advance against a fee of € 20.00 . This fee we will charge against the actual repair cost. We do not provide any warranty for non-repaired or non-replaced parts in a complex repair order, even if the entire device does not work. All Technical specifications concerning the products supplied by us are given in our best judgment and according to our manufacture´s work. We reserve the right to modify these specifications without notice. Under no circumstances shall we be liable for the consequential damages.
We will only accept return shipments after our expressly written consent. Parts manufactured in our workshop can not be taken back. Returns of common stock items can be returned after our explicit accordance against deduction of 20%. Order cancellations also require our written consent in the case of delayed delivery times. In any case, the customer is liable for compensation for cancellations.
For established customers, the invoices are payable within 10 days minus 2% cash discount or net within 30 days after the invoice date. For new customers, our invoices are to be paid in advance. Repair invoices are due immediately upon receipt and are payable without deduction. If the payment targets are exceeded, we charge default interest (1,5%) and dunning charges (€ 2.50 per reminder).
The deliveries are exclusively subject to reservation of title. The merchandise remains our property until all our claims are fulfilled. The buyer is entitled to sell the reserved goods only in ordinary business, and only if the claim is passed to us. The purchaser is liable for damages and impairment of the reserved goods. After payment of all our claims, the property is transferred to the purchaser.
Consignment goods shall always remain in the consignee's premises and may under no circumstances be left to third parties. Any damages, sales, wear and consumption will be borne entirely by the consignee. Consignment deliveries will be delivered for the account and risk of the Consignee and returned to us free of charge.
Should individual provisions of these terms and conditions of sale, delivery and payment be or become invalid, the contracting parties undertake to agree to a provision by which the meaning pursued by the invalid or void provision is largely achieved.
Court of Jurisdiction Mönchengladbach, Germany.