GENERAL TERMS AND CONDITIONS
I. General information
The following General Terms and Conditions apply
exclusively, unless differing conditions have been agreed in
writing on a case by case basis. These specified conditions
take precedence over the following General Terms and
- The General Terms and Conditions of the client are not
recognised and are therefore not part of any agreement .
A contractual client's confirmation in regard to his business
conditions or conditions of purchase is hereby expressly
- The delivery terms of the Zentralverband der deutschen
elektrotechnischen Industrie [Umbrella organisation of the
German electrical industry] apply to electrical accessories
and mounting parts. The conditions of the Verband
Deutscher Elektrotechniker (VDE) [Association of German
Electrotechnical Engineers] are decisive for the design of
4. The following General Terms and Conditions are
acknowledged by the client, as soon as the client receives
our quotation documents.
II. Quotation and Conclusion
All quotations are non-binding with regard to price, delivery
time and delivery possibilities.
- Oral agreements and agreements by telephone are only
valid, if they were acknowledged in writing.
III. Prices and terms of payment
The prices are in EURO, ex factory and excluding
applicable VAT, packaging, shipping, transportation and
handling costs and customs duties.
- New devices: excluding 3 ‰ transport insurance.
- Repairs are generally not insured.
- The contractor is entitled to correction of price errors and
calculation mistakes, even if they are not obvious.
- Our invoices are payable within 30 days after the invoice
date net cash.
4. Default interest amounting to the common interest rate for
open credit facilities is charged, if the payment terms are not
IV. Scope of delivery
The written order confirmation of the contractor is decisive
for the scope of delivery. Subsidiary agreements and
modifications require the written confirmation of the
contractor; partial deliveries can be made at any time.
- If it becomes impossible to deliver the object of the
agreement before the passing of the risk, the agreement is
unwound to the exclusion of possible damage claims and
expense damage claims.
V. Delivery term
The delivery term is specified in the order confirmation.
- The delivery possibility always remains reserved.
- The delivery terms are prolonged respectively if failures
occur due to no fault of the contractor as a result of force
4. Damage claims cannot be asserted in any form by the
VI. Passing of the risk
The contractor bears the risk for loss or damage only until
the loading of the objects of the agreement unto the vehicle
that carries out the transport ex factory. From this moment
on, the client bears the price variation risk.
- This regulation is also applicable in case the client
authorises a freight forwarder or the delivery is made by train
or by air plane
VII. Acceptance delay
If the client declines the acceptance or has declared
explicitly prior to delivery that he does not want to accept the
goods, the contractor has the right to withdraw from the
agreement and claim damages amounting to 25% of the
order price without reduction due to non-fulfilment of the
- We have the right to demand immediate acceptance or
withdraw from the agreement in case of call orders that are
not claimed within 12 months. Both cases require a reminder.
- The contractor may only cancel the agreement, if the client
made false statements concerning personal information or
his creditworthiness or stops his payments or bankruptcy or
reorganisation proceedings were filed concerning his assets.
- The client may only cancel the agreement after the
contractor did not remedy a defect caused by him during a
notified adequate extension of time. The adequate extension
of time only starts after the defect or the admission of guilt of
the contractor have been acknowledged or proven.
IX. Withdrawal of the object of the agreement
If the object of the agreement is withdrawn, effected
advance payments are refunded.
- The actually accrued expenses of the contractor that were
generated due to the agreement must be borne by the client.
- The contractor has the right to demand a depreciation
compensation amounting to 35% of the order price within the
first six months due to the utilisation of the object of the
agreement by the client and may set off such a
compensation against possible claims of the client.
X. Warranties, Notice of defects, Storage requirements
The warranty for our devices is 24 months and exclusively
includes proven production defects of the manufacturer.
- Notices of defects can only be allowed for if such
notification has been made in writing within eight days after
the receipt of the goods. It is left to our discretion to replace
the device or give a discount, if the claim is justified.
- Generated services do not prolong the warranty for the
repaired device nor for the spare parts.
- Further claims cannot be made, in particular concerning
claims for reduction, conversion or damage claims and
consequential damages of any kind.
- The contractor may refuse to remedy defects, as long as
the client does not fulfil his obligations.
- The storage requirements of the quality relevant test
reports are directed to the VDA QM volume 1.
XI. EG declaration of conformity
Bareiss hardness tester are manufactured according to the
EG machine/-device guidelines and are supplied with
declaration of conformity and CE marking.
If Bareiss testers are to be altered or integrated into an
automatic process line, the EG machine-/device guidelines
still need to be followed.
XII. Retention of title
- The contractor reserves the right to retain the ownership of
the delivered devices until the complete payment of the
purchase price; the prolonged retention of title applies to this
- The client has the right to sell the conditionally delivered
goods in proper business dealings.
The goods may not be mortgaged or assigned as securities.
As a precautionary measure, receivables caused by the further sale or any other legal ground with regard to the
conditionally delivered goods are already transferred from
the contractor to the client.
The contractor authorises the client to collect the transferred
receivables in his own name and for his own account. The
authorisation can be revoked at any time.
XIII. Place of delivery and court of jurisdiction
Place of delivery for all mutual claims will be
- The laws of the Federal Republic of Germany are
The court of jurisdiction for both parties is the competent
court for Oberdischingen.
- Should the contractor act as plaintiff, he has the right to file
his claims with the court at the business location of the client.
XIV. Final clause
The invalidity of individual clauses does not affect the
validity of the remaining clauses.
- The invalid clauses are replaced by the legal provision.