Article 1 – Arrangements concerning the contractual relationship The contractual relationship shall be governed exclusively by the specific provisions of any written agreement and, insofar as they do not conflict with those specific provisions, by these general terms and conditions, to the exclusion of the customer’s terms and conditions.
Article 2 – Quotations and orders Our quotations shall be binding on us for a period of one month from the date of their dispatch to the customer. Unless there is some stipulation to the contrary in writing, our quotations are provided for information purposes only. The prices indicated in our catalogues and/or price lists are not binding, and may be changed without prior notice. Quotations provided by our representatives shall only be binding once they have been confirmed in writing by us. Orders sent off by our representatives shall be binding on the customer, but shall only be binding on us after we have provided written confirmation. The customer should check the terms of our order confirmation as soon as he has received it, and shall not be entitled to raise any objections once the goods have been delivered.
Article 3 – Technical data Unless stipulated otherwise in writing, our samples, measurements, weights and other items of data represent approximate descriptions of our products only. The customer may not use any discrepancies, regardless of their nature, as grounds for refusing the delivery, for non-payment or for demanding the cancellation of the order or the payment of compensation. Unless agreed otherwise in writing, we shall not accept any liability whatsoever in connection with the use of our products for particular purposes.
Article 4 – Prices and payment Our goods shall be invoiced in accordance with the price in force on the date of the order. Our prices are given ex-works, and do not include any other services such as transport. Any disputes regarding the invoice must be addressed to us in writing within ten days of its issue. Complaints addressed after this period or by other means will not be considered. Invoices still outstanding by their due date shall automatically and without further notice be increased by late-payment interest at the official rate plus three percent. Moreover, in the event of non-payment by the due date, the amount of the invoice shall be increased, without prior notice, by a fixed penalty of 10% or EUR 100, whichever is the greater, without prejudice to our right to claim the amount of any loss actually incurred by us as a result of the non-payment. It is expressly stipulated that the drawing up of bills of exchange or the acceptance of other modes of payment shall not constitute the novation of the invoice, nor lead to any dispensation from the present clause.
Article 5 – Delivery times Delivery times are approximate only, and shall not constitute a binding commitment on our part. Delays in delivery shall not under any circumstances entitle the customer to claim compensation or cancel the order.
Articles 6 – Delivery and transport Regardless of the destination of the material, the mode of transport and the details of payment of the transport charge, delivery shall be deemed to have occurred at our warehouse. Accordingly, all transport, insurance and customs operations shall be undertaken at the risk and peril of the purchaser, who should check deliveries on arrival and make any complaints within 48 hours.
Article 7 – Retention of ownership and transfer of risk The delivered goods shall remain our property until the price for them has been paid in full, even if they have been rendered immovable by incorporation or use. In the event of the failure to pay an invoice by its due date, we have the automatic right to take goods back, without the intervention of the courts. The customer shall bear the risk of loss of or damage to the goods once they have been delivered in conformity with Article 6.
Article 8 – Settlement of complaints Complaints regarding non-conformity or apparent defects must be addressed to us by the customer by registered letter or fax within ten days of the date of delivery at our premises. If the goods are acknowledged to be non-compliant or to have an apparent defect, we may choose either to replace/repair them or to issue a credit note for the amount of the invoice in exchange for the return of the goods; claims for compensation to cover any loss incurred are ruled out.
Article 9 – Guarantee and latent defects Any action must be undertaken by the customer within two months of the discovery of the latent defect. The right to commence such action shall lapse two years after the delivery date. The guarantee is restricted to the free replacement of the defective item, and does not include the payment of any compensation. Transport, labour and travel costs shall be borne by the customer.
Article 10 – Jurisdiction and applicable law Any disputes shall fall within the jurisdiction of the courts in the district in which our registered office is based. The law in force at the location of our premises shall be the only applicable law.