Laser-welding-wire // Laser welding additives

Terms and Conditions of Sale

The conditions of sale following herewith shall be deemed exclusive. Purchasing conditions of the buyer or any other amendments shall be valid only if they have been agreed upon by us in writing. Should the buyer either in his initial request or in his order state conditions differing from ours, these shall be considered herewith as being objected to.

Our offers are valid for the duration of 90 days, unless another period is stated, starting with the date of the offer. For subsequent orders the prices quoted are not binding.

Your orders will become legally binding through our confirmation, the contents of which alone form the basis of the contract. Telephonic or verbal agreements as well as arrangements with our representatives become legally binding only with our written confirmation.

Our prices are quoted ex factory exclusive of additional charges (freight, postage, packing, insurance) also in case of partial deliveries. VAT, where applicable, is added to the price.

Interest on overdue invoices shall be calculated at the customary bank lending rate for current account debts. In case of payment by bill of exchange, cheque or other remittance orders, the cost for discounting and collection shall be charged to the buyer.

Moreover, bills of exchange and cheques count as payment only after encashment. If the buyer fails to honour his payment obligations or if we are informed of circumstances that make us doubt the buyer’s creditworthiness, all our outstanding amounts shall become immediately due and payable. We are entitled to rescind the contract or to require securities resp. prepayment for further deliveries. Charges arising from collecting outstanding money are to be borne by the buyer.

Cost and risk of transport shall be borne by the buyer. After our handing over the goods to mail, rail or forwarding agents the risk shall pass to the buyer.

Notification of defects must be made to us within 14 days after the goods have been received. If the goods delivered by us were demonstrably faulty, we will accept the return of the faulty items, in their original state and adequately packaged, and replace them at our cost, incl. freight charges. All further claims of the buyer shall be excluded, especially those related to annulment or reduction, or related to compensation for damages of any kind, incl. damages that were incurred by the buyer outside the delivered goods, so-called indirect damages to persons or property, or damages caused through loss of production or profit.

After the order has been accepted by us, cancellation or changes are possible only with our written approval. We will invoice any items that have already been produced, items that are in production, and objects that were manufactured especially to execute the order.

Our delivery dates rely upon good will, taking into account the actual possibilities of production and delivery. If delivery is not made from goods ex warehouse, specific delivery dates have to be agreed upon, for which our written confirmation is essential.

Deliveries may be delayed as a result of causes beyond our control, such as strike, fire, or lack of raw materials; these and other interruptions in production, which can make it impossible or very difficult for us to fulfil our contractual obligations, shall be deemed to give us the right to extend the delivery date for the duration of the delay.

On call orders which are not called within three months entitle us to ask for immediate acceptance, or to cancel the contract. A reminder is required in both cases.

Delivered goods remain our property until full payment of the purchase price as well as other claims from previous deliveries. The goods may not be mortgaged nor transferred. If the delivered goods are connected with other objects, the buyer shall assign to us his ownership or partial ownership of the new object from the time of origin. If the purchaser sells the delivered goods, he shall yield his rights on these goods from the time of origin until full payment is made.

Place of fulfilment for all obligations arising from this contract is 58119 Hagen. Place of jurisdiction incl. lawsuits connected with bills of exchange or cheques, is the court of justice appertaining to Hagen.

This contract is based upon German law alone.

If any part of these terms and conditions is changed by written agreement or for other reasons has no legal force, this will not affect the validity of the remainder of these terms and conditions. A legally unenforceable term shall be substituted by one that is legally valid, in analogy with the interpretation of the contract.

Issued: January 2004