General
Terms and Conditions
Terms of Supply: We sell and
manufacture exclusively at the subsequent terms and conditions
Tributary arrangements (oral, telegraphic, etc.) or different terms of the
customer are invalid except when explicitly affirmed in writing by Rothe
Feinmechanik.
Silence on our part may not be considered as acknowledgement of different
terms.
In cases of force majeure like war, fire, strike, difficulties in materials
procurement or to deliver products due to illness and alike obstructions or
when above mentiones problems cause substantial increase in price of raw
materials or of production may result in making fulfillment in part or in full
impossible and exempts us from agreed obligations.
Due to technical advancement products are subject to change. Delivery takes
place on account and at risk of customer.
Upon handing over of ordered merchandise to carrier (Post, German National
Railways, Forwarding Agent, Parcel Service or Self-Collector), our contractual
obligations are fulfilled and risk is vested to customer.
We are entiteled to partial services to a reasonable extent.
We may deliver more or less quantities to a customary in trade extent, but at
the least 10%, of custom-made or standard merchandise.
We are entiteled to completely manufacture ordered merchandise for call orders.
Modifications of merchandise after placing of order will be considered only
when explicitly included in contract.
Liability and Ownership: Claims for damages are excluded without exception.
Delayed delivery does not entitle the customer to any claims for damage.
We reserve ownership for all of our deliveries.
Ownership devolves to customer when all of our current claims are met by
customer.
Liability for Defects: Claims on delivered merchandise must be reported in
writing immediately and at the latest 8 days upon receipt of merchandise.
This does not exempt customer from payment.
Exchange of merchandise (same product) will be carried out after second defect
adjustment.
Terms of sale are on principle not touched by aformentioned conditions.
Damages due to working or faulty handling of our merchandise are excluded from
compensation.
Retraction: For retraction of unused merchandise we will charge a handling fee
of 15% of original price, but not less than Euro 10,-- plus added-value tax.
Damages of product or packaging due to faulty handling will be removed at the
expense of the customer.
Used merchandise may be sold on commission for up to the used value.
Retraction
does not aply for custom-made or special designs on principle.
Prices: All prices are subject to confirmation and do not include packaging,
shipping and handling.
Added-value tax is not inluded in prices.
E-Shop prices include added-value tax.
Technical Documentation: For all custom-made designs complete designing
material must be provided.
All design material provided by Rothe Feinmechanik must be examined for
correctness and approved by customer in writing for production. Later mistakes
and modification will be charged on customers account.
All design materials provided by Rothe Feinmechanik remain property of Rothe
Feinmechanik; further use by third parties require our explicit written
approval.
Original documents will not be delivered, but this does not exempt customer
from payment of rendered services.
Our application technology orally or in writing is without obligation. That
includes trade mark rights of third parties and does not exempt customers from
examination of our products regarding their applicability for intended
operations and purposes.
Time of Performance: Terms of delivery for remittance work are 25 work days
after provision of approved design documents and of necessary supply materials
if not specified otherwise.
If remittance work is necessarily handed on to third parties, separate
agreements on delivery terms will take place.
In this case we will assume liability for performance only.
Cancelation of order by customer during production time will result in
cancelation fees which amount to the cost of production up to date of
cancelation.
Payment Terms: Minimum order value: Euro 50,--. Time for payment: 14 days
netto.
Distributor discount or quantity discount will be granted from Euro 100,--
minimum order value.
If invoice value exceeds Euro 100,--, 2% allowance on invoice (cash, bank transfer,
check) can be given within 8 days of billing date (to retailer and companies).
We
reserve the right to process order by cash on delivery or cash in advance in
part or full.
Exceeding of time of payment will result in default interest of 5% based on
bank rate of Deutsche Bundesbank.
All payments should be carried out to our account.
Payments for open quantities from call orders are due on contracted terms
unaffected by actual delivery status of call order.
If no final term is contracted, we are entitled to invoice the remaining
payments at the latest 1 year after contracting.
Jurisdiction for all legal matters, including litigations concerning
contractual relationships, is Leipzig, Saxony, Germany.
German law does exclusively apply to all contractual relationships.
International bying laws do not apply.
Place of performance is Leipzig, Saxony, Germany
General terms: Due to German data protection laws we inform our customers that
we will save and process data of suppliers, customers and prospective customers
for conduct of business.
In case of inefficacy of several clauses of the general terms and conditions,
all other clauses and the contractual relationship as a whole remain unaltered.
Satisfied customers are our main goal.
Should there be any kind of dissatisfaction, please contact us faithfully.
We will work out an acceptable solution.