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General Terms and Conditions


§ 1 Scope

All deliveries and services by Alfred Neudert GmbH are made exclusively on the basis of the following sales conditions. Our terms of sale apply exclusively; We do not recognize any conditions of the customer that conflict with or deviate from our sales conditions, unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we carry out the delivery to the customer without reservation, knowing that the customer's terms and conditions conflict.
All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract. Should any regulation of these delivery and payment conditions be or become ineffective or impracticable, this does not affect the effectiveness of the general terms and conditions.

§ 2 Offer - offer documents

Verbal information and promises, brochures and advertising statements of any kind, in particular descriptions, illustrations, drawings, samples, information on quality, quality, composition, performance, consumption and usability as well as dimensions of the contract goods are subject to change unless they are expressly binding are designated. They do not constitute an assurance or guarantee promise of any kind, unless they are confirmed by us in writing. We expressly reserve the right to make changes according to the latest state of the art.

§ 3 Prices - Terms of Payment

1. Unless otherwise stated in the order confirmation, our prices apply “ex works, excluding packaging; this will be invoiced separately at cost price. By accepting packaging units (PU), lower prices can be achieved.
2. The statutory value added tax is not included in our prices, it is shown separately on the invoice at the statutory rate on the day of invoicing.
4. The minimum order value per invoice is EUR 20.00 net.
5. Unless otherwise stated in the order confirmation, we grant a 2% discount for payments within 10 days of receipt of the invoice.
6. Unless otherwise stated in the order confirmation, the purchase price is due net (without deduction) within 30 days after receipt of the invoice, unless deviating payment agreements have been agreed with the customer.
7. The purchaser is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The purchaser has no right of retention due to contested counterclaims.

§ 4 Lieferzeit

1. The delivery time results from the respective order confirmation. If delivery cannot be made by this date, the customer will receive a new delivery date.
2. If there is no agreement regarding the delivery date, delivery times are not guaranteed.
3. In the event of delays in delivery due to force majeure, sovereign interference, natural disasters, war, riots, strikes in our own factories, supplier companies or with carriers or due to other circumstances for which we are not responsible, Alfred Neudert GmbH is entitled to make up for the delivery after the reason for obstruction ceases to exist , However, both parties can withdraw from a contract in whole or in part if one of the aforementioned events leads to a delivery delay of more than three months beyond the agreed period. Further claims of the contracting parties are excluded.
4. We are liable according to the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; A fault of our representatives or vicarious agents is to be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.

§ 5 Transfer of Risk

Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.

§ 6 Warranty

1. The notice of defects must be reported in writing to Alfred Neudert GmbH.
2. Insofar as there is a defect in the purchased item for which we are responsible, we are initially entitled, at our option, to repair the defective item or to deliver a replacement. The resulting packaging and shipping costs will be invoiced to the customer, as well as cash discounts. In the event of rectification, we will only bear the expenses up to the amount of the purchase price and will acquire ownership of the removed components upon removal. In the case of a replacement delivery, we shall become the owner of the products and / or components to be exchanged upon receipt of the replacement product or components by the customer. If the rework or replacement delivery fails, the statutory provisions apply. If a credit is issued in deviation from this, we are entitled to withhold 15% of the net goods value.
3. The guarantee does not include the elimination of errors caused by external influences or operating errors. Furthermore, there is no guarantee if the detected error is due to the fact that the customer did not follow operating or maintenance instructions from us, or that the customer or third parties not authorized to do so intervened in the purchase item or made changes to it.
5. We are also liable according to the statutory provisions if we culpably violate an essential contractual obligation; in this case the liability for damages is limited to the foreseeable, typically occurring damage.
6. Moreover, the liability for damages is excluded; In this respect, we are particularly not liable for damage that has not occurred to the delivery item itself. This exemption from liability does not apply insofar as we are able to obtain cover for the personal injury or property damage that we are responsible for within the scope of the existing business liability or product liability insurance; Machine downtimes are fundamentally excluded.
7. The mandatory provisions of the Product Liability Act remain unaffected.
8. The warranty period is generally 6 months from the transfer of risk, unless there is something else to be found in the Alfred Neudert GmbH brochures and if a different product-specific agreement has been made with the customer. The deadline is a limitation period and also applies to claims for compensation for consequential harm caused by a defect, insofar as no claims based on tort are asserted; the statutory limitation period applies to these.

§ 7 Liability

1. Any further liability for damages than provided for in § 6 is excluded - regardless of the legal nature of the claim made. This applies in particular to the replacement of indirect damage (this includes, for example, consequential loss of profit as well as pecuniary loss) and claims for damages arising from negligence when concluding the contract, positive breach of contract or tort claims in accordance with § 823 BGB.
2. Claims for damages due to impossibility or inability remain unaffected.
3. The same applies insofar as liability is mandatory based on the provisions of the Product Liability Act.
4. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.

§ 8 Retention of title

1. We reserve ownership of the delivered objects and rights until all payments from the delivery contract or from the business relationship with the customer have been received. In the event of behavior contrary to the contract, in particular in the event of late payment, we are entitled to take back the purchased item. The withdrawal of the purchased item by us does not constitute a withdrawal from the contract unless we have expressly stated this in writing. The attachment of the goods by us always means a withdrawal from the contract. After taking back the object of sale, we are authorized to sell it, the proceeds from the sale are to be deducted from the buyer's liabilities - less reasonable costs of sale. If there is a current account relationship with the customer, we reserve ownership of the purchased item until all payments from the existing current account relationship (business relationship) have been received; the reservation relates to the recognized balance.
2. The customer is not entitled to pledge the reserved goods before the transfer of ownership or to transfer them as security. In the event of attachments or other interventions by third parties, the customer must immediately notify us in writing.
3. The customer is obliged to treat the purchased item with care; in particular, he is obliged to adequately insure them against fire, water and theft at their replacement value at his own expense. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
4. The customer is entitled to resell the purchased item in the ordinary course of business; however, he assigns all claims to us in the amount of the final invoice amount (including VAT) to our claim, that arise from the resale against its customers or third parties, regardless of whether the purchased item is without or has been sold after processing. If there is a current account relationship with the purchaser, the claim assigned to us by the purchaser in advance also relates to the recognized balance and, in the event of the customer becoming insolvent, to the "causal" balance that then exists. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, the company Alfred Neudert GmbH undertakes not to collect the claim as long as the customer meets his payment obligations from the redemption received, does not fall into arrears and, in particular, no application is made to open insolvency or settlement proceedings or payment is suspended. However, if this is the case, we can request that the customer inform us of the assigned claims and their debtors, provide all the information necessary for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.
5. The processing or transformation of the purchased item by the customer is always carried out for Alfred Neudert GmbH. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. For the thing resulting from processing, the same applies as for the purchased item delivered with reservation.

§ 9 Export

The delivered goods are subject to the export control regulations of the Federal Republic of Germany applicable to them. The customer undertakes to observe these provisions and any other provisions of the country to which the goods are delivered.

§ 10 Place of jurisdiction - place of performance

1. If the customer is an entrepreneur, our place of business is the place of jurisdiction; however, we are entitled to sue the customer at his place of residence.
2. Unless otherwise stated in the order confirmation, our place of business is the place of performance.

§ 11 Law of the Federal Republic of Germany

All legal transactions concluded by Alfred Neudert GmbH with the buyers are subject to the laws of the Federal Republic of Germany with the exception of the United Nations Convention on the International Sale of Goods.

Moos, 1.1.2007