Delivery service / terms of supply and service

Delivery service

  • Orders are accepted by telephone, fax and e-mail between 7:00 and 17:00 from  Monday to Friday.
  • Express and special deliveries are available (chargeable)
  • Daily delivery service by our own vehicles at cost price.
  • Shipment by all available parcel services and our contract carriers
  • Save money: We offer bonus systems, additional discounts, and a settlement  discount for prompt payment

   
General terms of supply and payment

Our terms of supply and payment apply to all current terms of business unless they have been amended with our written consent. The orderer's terms of purchase shall not be binding on us, even if we have not expressly objected to them. Our general terms of supply and payment shall be deemed to have been agreed upon our confirmation of order, however at the latest upon receipt of goods.

1. Offers

Our offers are non-binding and without engagement. If nothing else has been agreed they are valid for three months. Offers do not become legally valid until an order has been confirmed.

2. Confirmation of orders

Confirmations of order are issued for both verbal and written orders. Our confirmation of order becomes binding if it has not been rejected within five working days of receipt. Verbal supplementary agreements are not valid unless they have been confirmed in writing by us. The buyer's terms of purchase are only valid if they have been confirmed in writing by us.
9. Final terms
The place of performance for all deliveries and services as well as liabilities shall be Arnstadt. The contractual relationship shall be subject to German law. The legal invalidity of individual parts of the contract shall not release the orderer from the contract. The rights of the orderer under the contract shall not be transferable.

The place of jurisdiction shall be Arnstadt.

Ingenieurbüro + Technikhandel Wagner

3. Prices / terms of payment
Unless otherwise expressly agreed, our prices are in euros ex works excluding packaging. We are entitled to pass on to the orderer unforeseen additional charges which have arisen between conclusion of contract and delivery in the form of price increases. Unless otherwise agreed in writing, the following terms apply: The pricing of all deliveries is "ex works", invoices are to be paid within 14 days of date of invoice with 2 percent settlement discount or net at the latest within 30 days.

4. Delivery

Goods are shipped from the distribution warehouse. Unless otherwise expressly agreed, all consignments are dispatched on account of and at the risk of the ordering party. This also applies to "carriage free" deliveries. Transport is only insured at the express request and cost of the orderer. The delivery times stated in the offer and confirmation of order refer to the time at which the goods are ready for dispatch in our company. These shall be considered as approximations and non-binding. Partial deliveries shall be considered to be agreed unless something to the contrary has been expressly specified. Differences of up to five percent to the quantities ordered shall be permitted. This shall also apply to partial deliveries and call quantities. The delivery period shall be extended if unforeseeable events, in particular shortage of raw materials, delayed supplies and similar, cause a delay for which we are not responsible. This failure to meet a deadline on account of force majeure shall release us from the obligation to meet the delivery time and shall entitle us to extend the delivery period or to withdraw wholly or partly from the contract without becoming liable to pay damages.

5. Packaging
We endeavor to keep the costs of packaging down. We have to continue to charge for unavoidable packaging, and cannot take it back.

6. Retention of ownership
6.1 All goods supplied shall remain our property until all outstanding accounts arising from the business relationship have been paid. In the event of delay in payment we shall be able to demand the return of these goods subject to reservation of ownership at the expense of the purchaser.
6.2 The goods subject to reservation of ownership shall be processed and handled within the meaning of section 950 of the BGB (German Civil Code) without our incurring obligations as a result of this. Processed and handled goods shall be regarded as goods subject to reservation of ownership. If the customer processes or mixes the goods subject to reservation of ownership with goods that are the property of third parties to form a new object, then we shall be entitled to joint ownership.
6.3 Resellers may sell goods subject to reservation of ownership in the proper course of business. At this point, they shall already assign to us the rights to current and future accounts receivable resulting from their resale. Pledging or transferring goods subject to reservation of ownership as security is forbidden.
6.4 The customer shall be obligated to resell goods subject to reservation of ownership only under reservation of ownership if the buyer does not pay for them immediately.
6.5 The customer must inform us immediately of distraint of property or any other impairment of our rights to the goods and claims by third parties.
6.6 If the law of the country in which the object of the delivery is located does not permit reservation of ownership or only in a restricted form but permits the seller to reserve other rights to the object of the delivery then we shall be able to exercise all these rights. The customer shall be obligated to take all actions, such as registration, to enable valid agreement to our reservation of ownership and to assist in all actions that we intend to take in order to protect our right of ownership or, in its place, another right to the object of the delivery.

7. Warranty and Liability
Complaints concerning the agreed scope of delivery and obvious defects must be made in writing within 8 days of receipt of the delivery. The condition for the warranty on our products is their proper use according to the permissible conditions of use (load, frequency of load, type of load, temperatures and environmental conditions. The liability for defects shall not apply to improper use or normal wear and tear. The warranty claim shall lapse if our products are modified or improperly repaired without our written consent. We must be given an opportunity of examining any defects that occur. This shall include a reasonable period of time as well as examination on site. Return of the goods subject to complaint after prior consultation, and subsequent examination on our premises are normally adequate. If the customer does not give us an opportunity to assess the defects, all claims for defects shall lapse. Our warranty takes the form of a replacement delivery free of charge and carriage paid. Compensatory damages and/or further reaching claims of any kind against us and our agents and employees shall be excluded. This shall apply in particular to indirect and consequential damages going beyond the damage to the delivered goods. Should we fail to remedy the defects, then the customer shall have the right to reduce the payment or cancel the purchase contract. Goods which are the subject of complaint and which have been replaced shall automatically become the property of Ingenieurbüro + Technikhandel Wagner and must be returned on request.

8. Documentation, drawings, calculations

Technical documentation made available for the customer to examine remains our property. It must not be reproduced or made available to third parties by the customer without our express consent. Misuse and contraventions shall result in liability for damages.

9. Final terms
The place of performance for all deliveries and services as well as liabilities shall be Arnstadt. The contractual relationship shall be subject to German law. The legal invalidity of individual parts of the contract shall not release the orderer from the contract. The rights of the orderer under the contract shall not be transferable.

The place of jurisdiction shall be Arnstadt.

Ingenieurbüro + Technikhandel Wagner