Terms and conditions

Vaihinger GmbH, D-65520 Bad Camberg

  1. Orders are accepted exclusively on the basis of the following terms and conditions, unless wholly or partially modified, supplemented or waived by us in writing.
  2. Our offers are subject to alteration. Only our written order confirmation is binding
  3. Descriptions of the articles and technical specifications are not binding. We reserve the right for technical alterations
  4. Estimates are not binding. Printing errors, obvious mistakes, spelling and calculation mistakes are invalid. This applies also to our offers.
  5. Prices are ex works excluding packaging. If, between the order day and day of delivery production costs increase by more than 5%, we reserve the right to adjust the price accordingly. This is not superseded by delivery delays. Prices do not include VAT.
  6. Payment within 10 days of invoice date = 2% discount, within 30 days of invoice date = net.
  7. It is not permissible to set the invoiced amount off against own demands or invoices due.
  8. In cases of orders consisting of separate part shipments the individual part shipments are considered as separate orders with regards to payment.
  9. Bills of exchange are accepted only by special agreement and only as payment. Discounting charges are born by the issuer.
  10. In case of payment in foreign currency the buyer bears the risk of currency fluctuations from the day of contract.
  11. For orders valued less than € 25,00 (minimum order value) a charge of € 7,50 is levied.
  12. In case of delayed payments, interest on the arrears at a rate of 8% above the then current european central bank rate will be charged according to § 247 BGB.
  13. The delivery period is calculated on the basis of normal production procedure.
  14. Delivery is deemed to effected when the goods have left the works or the readiness for shipment has been notified.
  15. We are not bound by the stated delivery period if the buyer does not fulfil his obligations.
  16. If the agreed delivery period is exceeded by more than 8 weeks, the buyer has the right to specify an extended delivery deadline of 4 weeks. If delivery has not taken place in that period the buyer has the right to cancel the order. The cancellation must be in writing and immediate, not later than 2 weeks after expiration of the extended delivery deadline. This right does not apply if missing the extended delivery deadline was beyond our control, in which case the buyer may cancel the order 6 months after expiration of the extended delivery deadline. All claims, especially claims for damages, are excluded.
  17. In case of events which are beyond our control preventing us from delivery, our obligation to deliver is suspended. In this case we also have the right to partially or wholly withdraw from the contract. In such case the buyer has no claims against us.
  18. If special arrangements for acceptance of the goods have been made, the buyer must undertake these measures at his cost at our site within 4 weeks after production. If the buyer fails to take these measures or carries them out only incompletely, we reserve the right to ship the goods or place them in store at the risk and cost of the buyer. The goods are then deemed delivered in accordance with the contract.
  19. In cases were we considered special packaging necessary for the goods but the buyer refuses this, no claim may be made on the basis of  insufficient packaging. Unless stated otherwise, we choose the manner of packaging.
  20. If desired we will accept back the packaging, if returned to us free of charge.
  21. All consignments, also those freight paid, are shipped at cost and risk of the consignee. We are not responsible for damage or loss during transit.
  22. Goods delivered by us are insured only upon express instructions. This requires our express, written confirmation. The costs are born by the buyer.
  23. If, in case of loss of goods in transit, the buyer requests a replacement consignment, we are not obliged to accept the consignment if it is later found again.
  24. The buyer must inspect the goods immediately upon receipt and notify in writing any defects not later then 14 days after arrival at destination.
  25. Hidden defects must be notified immediately, not later than 7 days after their discovery.
  26. We must be given the opportunity to check the notified defect locally. Alterations to the goods claimed to be defective without our consent lead to loss of warranty/guarantee.
  27. In case of proven material or production faults we may choose to either remove the defect at our cost or replace the goods free of charge ex works upon return to us or to credit the value of the returned material. Further claims, especially change of contract, deductions and damages are excluded.
  28. We are not obliged to repair, supplement or credit for as long as the buyer has not fulfilled his contractual obligations.
  29. Guarantee claims expire 12 month after delivery.
  30. Rejected parts which we are contractually obliged to repair or replace must be returned to us by the buyer. We are not obliged to repair outside our repair shop. If the buyer requests specialists and it is found that no rights to warranty exist, the buyer must bear the relevant costs.
  31. Warranty in connection with the use of our machines exists only if placement and installation is in accordance with the regulations of TÜV, VDE and equivalent, respectively in accordance with the “technical guidelines” of such control organisations and with our instructions for use and, if the goods were properly stored, treated and operated.
  32. In case of improper installation or operation of the device the guarantee/warranty becomes void. The liability for third party products is limited to the liability of the supplier of such third party product.
  33. The return of goods, for whatever reason, is only permissible if agreed by us in writing.
  34. The delivered goods remain our property until the complete payment of all our outstanding amounts. For all present and future deliveries of goods rights of property reservations in extensive form are valid (simple, extended and prolonged reservation of property with account- and balance clause).
  35. The buyer has the revocable right to resell and process the delivered goods. Revocation is reserved for the case that the buyer does not perform his contracted obligations. Mortgaging or transfer in surety is not permitted. The buyer must notify us immediately of an impending or execution of seizure or any other impairment of our rights through third parties.
  36. Any rights of our buyers resulting from the reselling of the goods are immediately transferred to us until their complete payment, irrespective of whether the goods are processed or not.
  37. The buyer must store the goods with care and insure them sufficiently against theft and fire. On our request proof of insurance must be provided.
  38. Place of performance for all duties arising from the contract is Bad Camberg.
  39. In case of companies, the place of jurisdiction for all disputes arising from the contract shall be district court in Seligenstadt or the county court in Darmstadt.
  40. If no private or legal persons, or public bodies are involved, the definition of the place of jurisdiction is only relevant regarding summary proceedings for the payment of debts.
  41. The contractual relationship is based upon German law. The UN-resolution about contracts of international purchase of goods (CISG) from 11.04.1980 is excluded.
  42. If individual items of these terms and conditions should be void, the validity of the remainder of the these terms and conditions shall remain valid. The contracting partners agree to replace the void item with one that is closest to the void item.
  43. The order from the preceding page will be handled by our branch in Bad Camberg-Erbach.

 

Vaihinger GmbH

D-65520 Bad Camberg