Conditions of sale
The following terms and conditions of delivery and business are applicable to orders from enterprisers.
All offers are subject to change until receipt of a written confirmation of order. Our scheduled prices current at the time of conclusion of contract are applicable, unless a particular price has been agreed upon.
2. Rights in objects of the purchaser
The purchaser declares to own all required rights (ownership, copyright etc.) in the apparatuses, parts, or layouts (“objects”) to be processed for him and therefore bears the sole responsibility for possible infringements of rights. The purchaser indemnifies us from all claims by third parties for infringement of rights in connection with objects supplied by him.
||Shipping is made on a freight collect basis at the purchaser’s risk. Packaging is calculated at minimum price. Unless determined by the purchaser in writing, the mode of shipment is freely chosen by us. Deliveries that are delayed through shipment do not entitle to raise complaints, to refuse acceptance, or to reduce invoices, even if expedited manufacture or delivery was ordered and a supplemental express fee paid.
||In case - unlike in a) - collection through the purchaser has been agreed upon, the handing over of originals and goods is effected without checking the authorization of the collector against submission of the collection ticket to be issued upon request at the time of order. Claims raised on the basis of handing the goods out to an unauthorized collector cannot be derived, unless wilful intent or gross negligence is given.
||In the case of sample or prototype manufacture (e.g. in the POOL method) we need to reserve the right of short or excess delivery by up to 50 percent for technical reasons. In the case of production lots of more than 10 pieces slight short or excess deliveries are customary in the trade and do not entitle to raise complaints or to refuse acceptance.
4. Transfer of risk
The risk is transferred to the purchaser upon the goods leaving our house.
||Even with the utmost care exercised slight deviations in material quality, shading and the like may occur. For this reason we need to reserve the right of such modifications. For work to scale exact adjustment is guaranteed. We reserve the right of differences in measurement due to shrinkage or extension of the materials used. We will be liable for late changes due to external influences (weather, light, humidity and the like) only insofar as these are caused by improper work. For work rendered unusable due to material faults or improper processing, replacements are provided free of charge. Further reaching claims for replacement are excluded.
||Claims for damages due to faulty printed circuit boards or templates are excluded, unless these are due to wilful intent or gross negligence. Excluded therefrom are claims due to violation of life, body, and health.
||In the case of justified complaints we reserve the right to rework the delivered goods or provide replacement. Replacement deliveries are made within the ordinary delivery time. In the case of failure of the supplementary performance, the purchaser may choose to demand a reduction or withdraw from the contract.
6. Notice of faults and defects
Obvious faults and defects are only considered, if immediately reprimanded in writing, within eight days as from delivery, at the latest.
7. Retention of title
All goods delivered remain our property until all our due claims against the purchaser have been met. Upon compounding the delivered goods with other goods, the retention of title extends to the newly created object.
Invoices are payable due net immediately upon receipt of the goods, unless other payment conditions have been agreed upon.
9. Place of jurisdiction
Place of performance and jurisdiction is our company domicile, as far as the purchaser is merchant or is based abroad.
If individual provisions contained in these terms and conditions are invalid, the remaining contract and the remainder of these terms and conditions remain effective. For replacement of the invalid provisions regulations are agreed upon that come closest possible to the desired purpose in consideration of the mutual interests of the parties to the contract.