1. General
Orders are accepted and completed in accordance with the following terms and conditions. Different or contrary terms and conditions of purpose only apply if they are explicitly acknowledged by us in writing. Brochures, drawings, advertising brochures, catalogues, etc. issued by us are only decisive if we explicitly state that they are binding. We reserve the right to make changes to the work or services, provide these are reasonable for the customer to accept.
2. Offers & quotations
Our offers are made subject to confirmation and are not binding.
3. Orders
Orders are deemed to be accepted following written confirmation or completion of the order and sending of our invoice. In the case of small orders, we reserve the right to increase the quantity of items to packaging standards or production quantities or to charge a supplement for small volume purchases.
4. Prices
Our prices are subject to confirmation. They are given in Euro, ex-works, plus VAT, customs duty unpaid. Please also note our bonus scales.
5. Payment
The invoices are due for payment, net and without deduction, within 30 days of the invoice date. If this payment period is exceeded, the purchaser is in default without reminder. The interest on arrears then incurred is 8 % above the respective base rate; for so-called consumers, 5 % above the respective base interest rate. A 2% discount will be granted in case of payment in full within 10 days of invoice date. We grant 3% discount for direct debit payments. All discounts are subject to fulfilment of all obligations for previous deliveries. Our payment notes on the invoice apply to customers abroad. Payments must be made in cash, by cheque or bank transfer free of bank charges to the bank branch of the seller. Bills of exchange will only be accepted as payment following prior arrangement. Discount and bank charges are borne by the purchaser.
6. Delivery and dispatch
Delivery periods given by us are approximate and non-binding. Partial deliveries are allowed at our discretion. Unforeseen obstructions, for which we are not responsible, release us from the promised delivery without the ordering party being able to base rights and claims against us on this. Dispatch is at the cost and risk of the purchaser. Risk is transferred to the purchaser with the dispatch of the goods or notification of readiness for dispatch - including for part deliveries and agreed carriage prepaid or transport. Unless agreed otherwise, the seller chooses the type of dispatch and dispatch route with customary care. Transport insurance will only be taken out at the request of the purchaser; the purchaser pays the insurance costs. Packaging will be charged at cost and will not be taken back.
7. Development samples, designs, catalogues
We reserve all rights of ownership and copyright to these documents and objects. They may not be copied or made accessible to third parties without our prior consent and are to be returned on request.
8. Retention of ownership
All delivered goods remain our property until all claims have been fulfilled. The goods may not be pledged or transferred by way of security until full payment has been made. We must be immediately notified of any attachment by third parties. In the event of selling on, processing or mixing with other goods, the retention of ownership of the conditional goods continues to exist. On signing the Contract the purchaser assigns claims to the new object created, if applicable partial claim to the processed object, to the seller. Exercising rights of retained ownership is not deemed to be a withdrawal from the Contract. The purchaser shall bear any costs for interventions and return of goods. Abroad the purchaser must respect the seller's retained ownership rights; if applicable they must provide equivalent security interest in the delivered goods.
9. Guarantee
The purchaser must examine the goods immediately following delivery, provided this is possible as part of the proper business, and if they find any defects they must notify us immediately in writing. If the purchaser fails to notify us the goods are deemed to be approved, unless it is a defect which was not detectable during the examination. In case of further processing of defective goods the seller is not responsible for any consequential costs incurred. In case of defects, we are initially entitled to choose whether to correct the defect or to deliver defects-free goods (following fulfilment § 439 Para. 1 BGB - German Civil Code). Claims for compensation made by the purchaser due to a defect in the sold item are excluded. Losses due to fatal or physical injuries or health damage are excluded from this, if we are responsible for the breach of duty and other losses which are due to deliberate intent or grossly negligent breach of duty by us are also excluded. This also applies to breach of duty by our legal representatives or vicarious agents. The limitation period for further rights is one year.
10. Medical devices
Standard, mass-produced products are CE-marked. Standard raw materials conform to the SG (safe, tested contaminant-free) criteria. Special colours and other leathers fulfil the German 2nd consumer goods regulations ("Bedarfsgegenstandsverordnung") dated 5.7.96 with respect to PCP, chromium VI and azo dyes.
11. Jurisdiction, applicable law
The place of performance is Höchstädt/Do. All disputes arising out of the business relationship are subject to the jurisdiction of Dillingen/Do. The laws of the Federal Republic of Germany apply, the Hague Uniform Law on Sales is excluded. The invalidity of individual terms or conditions does not affect the validity of the remaining terms and conditions.
