Terms of Delivery and Contract – Translation – Only the German version is valid.
Terms of Delivery and Contract
of Weyer GmbH, D-86919 Utting
1. Quotation and Conclusion of Contract
Our quotations are subject to confirmation. Modifications have to be confirmed in writing. Our terms of delivery and contract exclude other terms.
WEYER is authorized to partial deliveries. In the event of delay of the purchaser our delivery obligation is suspended. Dates of delivery are subject to change.
3.1. Prices do not include VAT and are based ex works without packaging.
3.2. Invoices are based on the price valid on the day of delivery. If this is 5% higher than on the contract date the customer is authorized to rescind from the quantity not yet supplied within 14 days after information of the price increase.
3.3. In the case of carriage-free delivery prices are based on the freight and supplementary fees valid at the time of quotation. They are subject to adaptation either in favour of or at the expense of the buyer in case of modified freight fees or supplementary fees, however the purchaser is not entitled to rescind from the contract.
3.4. In case of orders on call we can invoice the goods not yet called off six months from the termination of the contract.
4. Force Majeure
Force Majeure releases the parties from their obligations for the time of the nuisance and to the extent of its effect.
5.1. Our invoices are due on the day of receipt and are payable according to mentioned invoice date, at the latest on the 30th day after invoice date.
5.2. In the case of delay in payment we charge our interest expenses, however at least 8% on top of the basic interest rate.
5.3. In case of delay in payment and justified doubts of the solvency or credit worthiness of the customer we are entitled to accelerate our claims immediately.
5.4. Only undisputed or legally valid claims entitle the customer to offset or hold back payments.
6.1. Information about suitability, processing and application of our products is given from our best knowledge, which does not release the buyer from own examinations and trials.
6.2. The buyer must immediately examine delivered goods on defects and suitability, otherwise the goods are considered approved and free of defects.
6.3. Claims are only considered when they are made within eight days after receipt of goods – hidden defects after discovering, but at the latest six months after receipt of goods – in writing including all documents.
6.4. Our obligation to warranty is restricted to subsequent improvement, replacement delivery, reduction or withdrawal from the contract depending on our choice. Goods complained about may only be sent back with our expressed approval.
Our obligation to compensation, no matter for which legal reason, is limited to the invoice value of our directly involved quantity of goods. This does not apply if for compelling legal reasons due to culpable negligence, fraudulent behaviour or acceptance of a special guarantee we are unlimitedly liable.
Reservation of Ownership
8.1. All sold goods remain our property until receipt of full payment of all our claims of our business relationship. The buyer is authorized to dispose of the purchased goods in normal course of business.
8.2. The reservation of ownership is furthermore extended to the processing, blending or combination with merchandises from third parties until they get their full value, whereas we are considered manufacturer. If the reservation of ownership remains in the hands of third parties in the case of processing, blending or in combination with their goods, we acquire part of the ownership in relation with the invoice values of the processed goods.
8.3. The claims against third parties arising from resale are assigned by the buyer to us already now to the amount of our partial ownership for security purposes (refer to 8.2.). He is entitled to debit them for our invoice until revocation or stoppage of payments to us.
8.4. The purchaser has to inform us immediately about any access of third parties on goods belonging to us and claims.
8.5. The exercise of the reservation of ownership does not presuppose the withdrawal from the contract ..
8.6. Goods and substituting claims may not be pledged to third parties nor be transferred or assigned by the way of security before full payment.
8.7. If the value of the securities exceed our claims by more than 20% we will release securities at our choice on request of the buyer.
9. Technical Information
All technical information, specifications, drawings remain our property and may not be copied, nor make available to third party without our agreement. Exceptions hereby are general information in leaflets or catalogues, containing non-binding information.
10. Place of Performance and Jurisdiction
Place of performance and jurisdiction for both parties is Utting.
German law is applicable.