All deliveries are made on the basis of the following conditions of sale. These form the basis for all offers and agreements. Deviating conditions which have not been expressly accepted in writing are not binding for us as seller, even if they have not been expressly contradicted.
Conclusion of contract
Our offers are always subject to confirmation, unless we expressly state otherwise in writing in individual cases.
Orders become binding for us through our written confirmation or unconditional delivery after the order has been placed.
The conclusion of the contract is subject to punctual and complete delivery to us. This shall only apply in the event that we are not liable for non-delivery, in particular in the case of the conclusion of a congruent hedging transaction with our supplier. The purchaser shall be informed immediately of the non-availability of the service. The consideration shall be refunded immediately, if applicable.
If we or the supplier use signs or numbers to designate the order or the object of purchase, no rights can be derived from this alone with regard to the specification of the object of purchase or the scope of delivery.
The mode of shipment is left to the discretion of the seller. Due to worldwide shipments, shipping costs are only available upon request.
We accept bank transfer, cash on collection, or PayPal in the European area as well as in Germany.
Delivery dates and deadlines are only binding if expressly agreed upon in writing. Delivery periods begin with the conclusion of the contract.
The commencement of the agreed delivery period is subject to the clarification of all technical questions. A further prerequisite is the timely fulfillment of contractual obligations on the part of the purchaser (e.g. payment of the agreed advance payment or the agreed form of payment).
If we are unable to deliver the object of sale on the agreed date or within the agreed period due to a circumstance for which we or an auxiliary agent are responsible (delay in delivery), we shall be liable in accordance with statutory provisions. If the delay in delivery is based solely on the breach of a non-essential contractual obligation and simple negligence, our liability shall be limited to foreseeable and typical damages.
Events that temporarily prevent us, through no fault of our own (e.g. strike, lockout, operational interruptions, weather conditions or traffic situations, delays in the supply of raw materials or machinery, war or sovereign order), from delivering the purchased item on the agreed date or within the agreed period shall entitle us to postpone delivery or service for the duration of the impediment plus a reasonable start-up period. If the corresponding interruptions result in a postponement of performance of more than four months, the purchaser may withdraw from the contract. Other rights of withdrawal remain unaffected.
Delivery of spare parts
Unless otherwise agreed, delivery of spare parts shall only be made against prior or simultaneous delivery of similar and repairable old parts. Old parts are repairable if they show no unusual signs of wear and/or rust, have no breaks in the main components and are delivered complete and unassembled.
If the old part is still not available at the time of delivery of the goods, we are entitled to charge the purchaser a deposit of 3,200 MXN. The contracting parties may demand a higher or lower amount from the other party if the old part to be delivered has a presumably much higher or lower value. The amount of the deposit shall be paid to the buyer at the time of delivery of the similar and repairable old part in the packaging of the part delivered in exchange (back-in-box). Otherwise, no credit or only a partial credit will be issued. If the purchaser fails to deliver the old part within six months from the date of invoice, the deposit amount will be forfeited.
Transfer of Risk - Packaging
The risk shall pass to the buyer at the time of dispatch of the goods, provided that the buyer is an entrepreneur, when the goods are handed over to the person carrying out the transport or when the goods have left the warehouse for dispatch. For consumers, the statutory regulations apply.
We will only take out transport insurance if it is requested in time and at the expense of the entrepreneur.
Transport and other packages will not be taken back by us, unless otherwise agreed. The buyer is responsible for the disposal of the packaging.
Warranty - Liability
The buyer's claims for the remedy of defects are primarily limited to a claim for subsequent performance, i.e. rectification or replacement delivery. We are entitled to choose between rectification of defects or delivery of a replacement product. If rectification or replacement delivery does not take place, the purchaser may demand a price reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed if, and to the extent that, the period reasonably set for us to rectify the defect has elapsed without result. The requirements for exercising the right of withdrawal shall be determined in accordance with the statutory provisions.
The statute of limitations for material defects in transactions with an entrepreneur for newly manufactured items is 1 year from delivery of the item. In this case, the sale of used goods shall be subject to the exclusion of any liability for material defects. The statutory provisions shall apply to consumers.
We shall be liable in accordance with the statutory provisions to the extent that the purchaser asserts claims for damages based on intent, intent or gross negligence, including intent, intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability - in business transactions - is limited to foreseeable and typical damages. Furthermore, liability for damages is excluded; in this respect, we shall not be liable, in particular, for damages which did not occur at the object of delivery, unless it concerns damage to life, limb and/or health. Obligatory liability under the Product Liability Act shall also remain unaffected.
The above provisions shall also apply to damage that may occur during the remedying of defects or replacement of products within the scope of liability for defects.
Our liability shall not apply if a defect or material damage has occurred because:
- The purchaser has provided us with incorrect or incomplete information on the object of delivery to be manufactured, in particular with regard to the use, dimensions and technical requirements, unless we have been expressly commissioned to determine these bases;
- The object of delivery has been improperly handled or has been subjected to excessive stress, e.g. in the event of overloading;
- The delivery item has previously been improperly repaired, maintained or serviced in an operation that was admittedly unsuitable for maintenance/repair for the purchaser and the purchaser must have been aware of this;
- Parts have been installed in the delivery item the use of which we have not approved in accordance with the product description or the delivery item has been modified in a manner not approved by us, or;
- The purchaser has not followed the instructions for the treatment, maintenance and care of the delivery item and this was not unreasonable for him.
Retention of ownership
The object of sale shall remain our property until the receivables due to us under the contract of sale have been settled in full. If the purchaser is a merchant within the meaning of the German Commercial Code (HGB), we reserve title to all delivery items until receipt of all payments arising from the business relationship.
The purchaser is obliged to treat the delivery items with care. In particular, he is obliged to insure them sufficiently, at his own expense, against damage caused by fire, water and theft, for their replacement value.
The place of payment and performance for deliveries and returns is the registered office of the respective supplying branch.
If the purchaser is a merchant within the meaning of the Mexican Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Mexico. In this case we are also entitled to sue the purchaser at the court of his place of residence.
The contract is subject exclusively to the law of the Federal Republic of the United Mexican States. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Should individual provisions of the conditions of sale and delivery be invalid, this shall not affect the validity of the remainder of the contract. The ineffective provisions shall be replaced by the statutory provision.