This is a courtesy translation. The German version of these terms and conditions is the legally
binding one; German law applies.
The following terms and conditions form the basis of all our offers, deliveries and services and, once we
have accepted an order, are deemed to be agreed for all subsequent business as well.
Differing terms and conditions are recognised by us only to the extent that we have acknowledged them in
writing in the individual case as the basis of the respective contract.
Any ancillary agreements relating to offers, order processing, dispatch, etc. must be made in writing.
Prices, offers and acceptance of orders
Our offers are always subject to confirmation; a contract is concluded only upon unopposed acceptance of
raw goods or issue of an order confirmation, whereby we are entitled to at least one working day to inspect
the goods and form an opinion regarding acceptance of the order. Offers and their annexes may not be made
available to third parties without our consent.
New issues and changes to drawings or requirements must be made known to us no later than on arrival of the
goods, as must any production, testing, delivery and packaging specifications to be observed.
Insofar as these were not already known to us when the offer was prepared, we reserve the right to an
appropriate price increase.
The same applies if properties of the base material become apparent and cost-relevant which were not
foreseeable when the offer was prepared; should it become apparent that the order cannot be carried out, we
are entitled to withdraw from the order, to return the goods in their respective condition and to invoice the
expenditure incurred up to that point.
Services and deadlines
The delivery period begins at the earliest at the point in time at which all technical, organisational and
contractual details have been agreed and the material to be processed has been delivered to us.
If we exceed an agreed delivery date, the customer must grant us a reasonable period of grace. If no express
delivery or completion period has been agreed, we stipulate a minimum period of 10 working days.
Serious events for which we are not responsible, occurring at our premises, at a subcontractor or at an
upstream supplier – such as industrial action, shortages of energy or raw materials, transport or operational
disruptions, etc. – extend the agreed delivery periods by the duration of the impediment and entitle us to
withdraw from the contract if performance becomes impossible. In this case the customer bears the cost of
collecting the goods. For small and mass-produced parts we accept no liability and no obligation to make
subsequent delivery for rejects and shortfalls of up to 3 % of the total quantity delivered in each case.
Dispatch, packaging and transfer of risk
The customer must collect or call off goods reported ready for dispatch or collection without delay, and at
the latest within 3 working days of notification of completion. We reserve the right to charge reasonable
storage costs from the end of this period if it is exceeded.
Goods are returned or forwarded in the packaging in which they were delivered. Special packaging requests
by the customer require agreement and will be invoiced to the customer.
At the customer’s request and subject to corresponding agreement, we will carry out collection and dispatch
of the goods; in doing so we determine the mode of dispatch, the dispatch route and the carrier; the customer
bears the risk.
When goods are collected from the delivery point, loading of the vehicle is the customer’s responsibility.
Insofar as our employees assist in loading the vehicle, they act at the customer’s sole risk.
Retention of title
For deliveries and services rendered by us, we retain title to the treated goods to the extent of the entire
outstanding claim(s). If the goods are further processed by the customer or the customer’s purchaser, our title
also extends to the new goods. If goods finished by us are processed, combined or mixed with items belonging to
others, we acquire co-ownership of the resulting product in the ratio of the value of our service to that of the
other item. The customer is entitled to resell the goods finished by us only in the course of ordinary business.
The customer hereby assigns to us all claims accruing to the customer from a sale of goods subject to retention
of title, as security for all claims to which we are entitled against the customer. The customer is obliged to
pass on to us without delay any amounts received in this respect. In the event of outstanding due claims, we
reserve the right to retain raw or finished goods belonging to the customer that are on our premises until the
outstanding due claims have been settled.
Terms of payment
Invoices are due 14 days after receipt and are to be paid without deductions.
Where cash payment has been agreed, invoices are to be settled in cash without deductions immediately upon
receipt of the goods.
In the event of late payment we reserve the right to charge default interest of up to 5 % above the
respective discount rate of the Deutsche Bundesbank.
Payments are always set off against the oldest claim.
Precious metal used is charged on the basis of the DEGUSSA rate for “processed precious metal” valid on the
day of invoicing. Our processing prices apply ex works.
If a material deterioration in the customer’s financial circumstances becomes known, or if justified doubts
otherwise arise as to the customer’s solvency, we may demand immediate payment of all outstanding invoices and
make advance payment a condition for outstanding and future deliveries.
The customer has a right of set-off or retention only if the customer’s claims or objections are undisputed
or an enforceable title exists.
Warranty and liability
With regard to warranty periods we refer to the applicable statutory provisions of the German Commercial Code
(HGB), insofar as a commercial sale exists.
Defects must be notified to us in writing without delay, and at the latest within 5 working days of receipt
of the goods or, in the case of hidden defects, after discovery of the defect.
If a justified complaint is demonstrably and unequivocally attributable to our fault, we must be granted the
right to rectify the parts free of charge within a reasonable period.
If successful rectification is not possible, we are liable in the event of damage only for physical damage to
the delivered item itself, up to the amount of the order value of the parts to which the complaint relates. In
this case we will, at our discretion, either credit a corresponding amount or carry out free-of-charge treatment
of replacement parts, which are to be provided by the customer free of charge.
Further claims by the customer are excluded.
The contractor is not liable if the goods provided by the customer have material defects and are unsuitable
for processing.
We are entitled to refuse rectification for as long as the customer does not properly fulfil the customer’s
contractual obligations, in particular does not make payments when due.
Final provisions
German law applies to the contractual relationship in all cases.
The place of performance and the place of jurisdiction are Berlin.
Should individual provisions of these terms and conditions be wholly or partly legally invalid, the validity
of the remaining provisions shall remain unaffected.