Terms and Conditions of Uwe Steingross Feinmechanik GmbH & Co. KG
- General
Unless otherwise agreed in writing, the following terms and conditions apply, to which the purchaser expressly agrees upon placing an order.
- Offer and Conclusion of Contract
All orders, agreements, supplements, amendments, and ancillary agreements – including telegraphic and telephone ones – shall only become binding on us once they have been confirmed in writing by us, unless an order has been tacitly executed in individual cases.
- Prices
Unless otherwise agreed in writing and confirmed in writing by us, our prices are ex works Berlin, including packaging. These prices are based on the cost factors valid at the time of order confirmation, especially raw material prices, wages, taxes, freight, and the like. If these change between the conclusion of the contract and delivery, we are entitled to adjust our prices in accordance with the cost factors applicable at the time of delivery.
- Shipment
Unless otherwise agreed in writing, shipment shall be made at our discretion either by rail, post, or other means of transport or shipping. In any case, the risk of transportation shall be borne by the recipient. Unless otherwise agreed and confirmed in writing by us, the purchaser shall bear the shipping costs. Generally, delivery and invoicing are made in full. However, we are also entitled to partial deliveries upon completion of the goods with corresponding invoicing and the right to demand payment.
- Payment Terms
Unless otherwise agreed in writing and confirmed in writing by us, payments are due net and without deduction within 30 days from the invoice date. The delivered goods may not be pledged or otherwise transferred as security before payment. If the purchaser is in default with acceptance or payment, we are entitled to refuse further performance of the contract. In the event of changes in the purchaser’s economic circumstances, we are entitled to demand payment in advance or cash on delivery. The purchaser may not withhold payments or assert offsetting claims due to any defects contested by us. If installment payments are approved or payments are deferred for various deliveries, all our claims become due if the purchaser is in arrears with one installment or deferred payment for more than 4 weeks. Until full payment is made, the goods remain our property.
- Delivery Deadlines
The delivery deadlines specified by us are non-binding but will be adhered to wherever possible. The buyer has no claim for damages or right to withdraw from the contract due to exceeding the delivery deadline. Operational and traffic disruptions, difficulties in the supply of electricity and materials, machinery breakdowns, labor shortages, accidents, strikes, and other cases of force majeure release us from the agreed delivery deadline and from the obligation to fulfill the order in full, without giving rise to any claims by the purchaser against us of any kind.
- Warranty
Complaints about defects must be raised immediately in writing, but no later than 10 days after receipt of the shipment by the purchaser. We must be given the opportunity to inspect or have inspected the alleged defect. Without our express consent, nothing may be changed in the item subject to the warranty before inspection, otherwise the warranty claim will be forfeited. Parts subject to complaint must be returned to us immediately upon request. In the case of defects acknowledged by us as justified, free rework will be carried out, for which a reasonable period must be granted to us. Compensation for loss of profit, dismantling costs, or any other claims for damages by the purchaser are excluded. There is no obligation to remedy defects as long as the purchaser has not fulfilled its payment obligations. The purchaser must address any damages that occurred during transportation or due to improper handling during transportation to the respective transport company and assert its claims there. Improper unloading or handling by the purchaser during goods receipt is at the purchaser’s expense.
- Manufacturing Documents, Corrections, or Changes
If not explicitly specified in the construction documents provided by the client (e.g., fits), all dimensions are manufactured according to general tolerance mean. When 3D data is provided in exchange format without technical drawings, no tolerances, fits, or threads are manufactured. Verbal requests for changes or corrections require written confirmation.
- Miscellaneous
The documents belonging to the delivery offer and to be prepared by us, such as drawings and the like, are only intended for manufacturing. They remain our property and will not be delivered. The purchaser’s documents will be treated by us with due commercial care and will remain with us together with the corresponding order as archive material. The passing on of both documents prepared by us and documents supplied by the purchaser (drawings, etc.) to third parties is prohibited by us or is excluded by us. No liability is assumed for lost items. Tools for which the purchaser bears a share of the tooling costs remain uncompensated in our company. Upon full payment of the tooling by the purchaser, it becomes the purchaser’s property.
If not otherwise agreed in writing, the following applies to call-off orders: A reasonable period applies for call-off and delivery. In such orders, the goods must be accepted within the calendar year in which the order and order confirmation were issued. The agreed prices for call-off orders are not valid for the remaining quantity if not taken. Prices for the actually accepted quantity replace them.
- Place of Performance
Berlin is expressly agreed as the place of jurisdiction for delivery and payment.
As of: January 2014
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