Version:<\/strong> 01\/2021<\/p>\n 1.1<\/strong> Sales and deliveries are made exclusively on the basis of the Supplier\u2019s following terms and conditions. The Customer\u2019s terms and conditions shall not become part of the contract, even if they are not expressly rejected.<\/p>\n 1.2<\/strong> Unless otherwise stipulated in these terms and conditions, the ICC Incoterms 2020 shall apply for the interpretation of the various sales clauses.<\/p>\n 2.1<\/strong> The Supplier\u2019s offer is non-binding with regard to prices and delivery availability.<\/p>\n 2.2<\/strong> A contract shall only be concluded upon written acceptance of the order, or at the latest upon delivery of the goods. Any additions, amendments, or ancillary agreements made by telephone or verbally require written confirmation in order to be effective.<\/p>\n 2.3<\/strong> The Customer is responsible for the accuracy of the documents, drawings, samples, gauges, and similar items to be provided by the Customer.<\/p>\n 3.1<\/strong> Prices are quoted ex works, plus statutory value-added tax and shipping costs (freight, packaging, insurance, express charges), and excluding customs duties. Packaging will be charged at cost. The Customer may return the packaging to the Supplier. Any freight costs associated with returning the packaging shall be borne by the Customer.<\/p>\n 3.2<\/strong> Invoices are due upon receipt. Unless otherwise agreed, payment shall be made net within 30 days of the invoice date. Payments for contract work shall be made net within 10 days.<\/p>\n 3.3<\/strong> Payments shall only be deemed made to the extent that the Supplier can freely dispose of the funds at a bank. Checks and bills of exchange shall only be accepted on account of payment; bills of exchange only by agreement. Payments to representatives without written authority to collect are not permitted.<\/p>\n 3.4<\/strong> The Customer shall only have a right of set-off or retention if the counterclaim is undisputed by the Supplier or has been legally established by a final court decision.<\/p>\n 3.5<\/strong> If more than four (4) months elapse between conclusion of the contract and the agreed delivery date, the Supplier shall be entitled to invoice the prices valid at the time of delivery or provision, or to charge a price surcharge for increased labor, material, and overhead costs. The same shall apply if the delivery date is delayed for reasons within the Customer\u2019s sphere of responsibility.<\/p>\n 4.1<\/strong> Stated delivery periods are approximate only. Delivery dates or delivery periods shall only be binding if they have been expressly designated as binding in writing. Delivery periods begin upon dispatch of the order confirmation, but not before the Customer has provided any documents or approvals to be obtained by the Customer, and not before all details of order execution and technical questions have been clarified, or any agreed advance payment has been received. Delivery periods shall be deemed met if the delivery has left the factory on or before the delivery date, or if readiness for dispatch has been communicated, provided that collection by the Customer has been agreed.<\/p>\n 4.2<\/strong> The Supplier shall be entitled to make partial deliveries to an extent that is reasonable for the Customer.<\/p>\n 4.3<\/strong> Unless otherwise specifically agreed, the risk of accidental loss or deterioration of the goods shall pass to the Customer upon handover to the carrier. This shall also apply if shipment is carried out by employees of the Supplier.<\/p>\n 4.4<\/strong> In the event of delays in performance due to force majeure or similar serious, unforeseeable events beyond the Supplier\u2019s control \u2013 including, in particular, operational disruptions, lawful labor disputes, official orders, and unforeseeable difficulties in procuring materials \u2013 the Supplier shall be entitled to postpone performance for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract with respect to the part not yet fulfilled.<\/p>\n 5.1<\/strong> Unless expressly agreed otherwise, the warranty period for defects of title and material defects shall be twelve (12) months from delivery of the goods.<\/p>\n 5.2<\/strong> The Customer must inspect the delivered goods immediately upon receipt. Obvious defects, shortages, and incorrect deliveries must be reported to the Supplier in writing without delay, and no later than within ten (10) days of receipt. Hidden defects must be reported to the Supplier in writing immediately upon discovery.<\/p>\n 5.3<\/strong> In the event that the goods are defective, we shall be entitled, at our discretion, to provide rectification or defect-free replacement. Only if the remedy of the defect has repeatedly failed or is unreasonable shall the Customer be entitled to withdraw from the contract or reduce the purchase price in accordance with statutory provisions. The Customer must provide the Supplier with the time and opportunity required for rectification or replacement delivery. The right to remedy defects independently shall only exist in cases of urgent necessity and with the Supplier\u2019s prior written consent. Further claims by the Customer, in particular claims for compensation for consequential damages caused by defects, are excluded.<\/p>\n 5.4<\/strong> With regard to the design of standard tools, the Supplier\u2019s catalog specifications shall apply; however, these are subject to technical development. Changes or deviations resulting from such further development shall not entitle the Customer to make complaints, provided that they do not disadvantage the Customer or are reasonable for the Customer. Further claims for damages by the Customer are excluded.<\/p>\n 5.5<\/strong> Claims for damages of any kind against the Supplier are excluded if the Supplier, its legal representatives, or vicarious agents have acted with slight negligence. This shall not apply if warranty commitments assumed by the Supplier have not been fulfilled or if material contractual obligations have been breached. In such cases, damages shall be limited to the typical and foreseeable damage under the contract. Claims under the German Product Liability Act remain unaffected.<\/p>\n 5.6<\/strong> In all other respects, we assume no warranty for the following damages, unless caused by the Supplier: unsuitable or improper use or storage, faulty assembly or commissioning by the Customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, substitute materials, chemical, electrochemical, and comparable influences. The Customer must ensure that the use of the drawings, samples, and similar documents provided, or the tools of other manufacturers to be processed by the Supplier, does not infringe any third-party rights.<\/p>\n 6.1<\/strong> Until all claims to which the Supplier is entitled against the Customer \u2013 regardless of the legal basis \u2013 have been fulfilled, the delivered goods shall remain the property of the Supplier.<\/p>\n 6.2<\/strong> Processing or transformation of the goods subject to retention of title shall always be carried out for the Supplier as manufacturer, but without obligating the Supplier. In the event of combination or mixing with other materials, the Supplier shall acquire co-ownership of the new goods in proportion to the invoice value of the goods subject to retention of title relative to the other materials.<\/p>\n 6.3<\/strong> The Customer shall be entitled to process and sell the goods subject to retention of title in the ordinary course of business, provided the Customer is not in default. The Customer hereby assigns its claims arising from resale to the Supplier by way of security. The Supplier accepts this assignment. The Customer is authorized to collect the claims in its own name. Upon request, the assignment must be disclosed.<\/p>\n 6.4<\/strong> Pledging or transfer by way of security is not permitted. In the event of third-party access to the goods subject to retention of title, the Customer shall point out the Supplier\u2019s ownership and notify the Supplier without delay.<\/p>\n 6.5<\/strong> If the value of the securities exceeds the Supplier\u2019s claims by more than 20%, the Supplier shall, at the Customer\u2019s request, release securities at the Supplier\u2019s discretion.<\/p>\n 7.1<\/strong> The Customer may withdraw from the contract if the entire delivery becomes impossible before the transfer of risk. The same shall apply in the event of partial impossibility, provided that there is a legitimate interest in rejecting the partial delivery.<\/p>\n 7.2<\/strong> Claims for damages due to impossibility are excluded unless the impossibility was caused by the Supplier through gross negligence or intent.<\/p>\n 7.3<\/strong> In the event of a delay in delivery, the Customer shall grant the Supplier a reasonable grace period. If this period is exceeded, the Customer shall be entitled to withdraw from the contract. In the event of default in acceptance caused by the Customer\u2019s fault, the Customer shall remain obligated to provide consideration.<\/p>\n 8.1<\/strong> The Supplier retains ownership and copyright rights to illustrations, drawings, sketches, calculations, cost estimates, and other documents provided to the Customer as part of an offer or during contract execution. These may not be reproduced or made accessible to third parties without prior written consent. They must be returned upon request.<\/p>\n 9.1<\/strong> Material supplied by the Customer shall be handled with the greatest care. No binding assurance is given regarding the outcome of processing.<\/p>\n 9.2<\/strong> The material supplied must be free of defects and comply with the agreed specifications. Additional costs and damages caused by deviations shall be borne by the Customer.<\/p>\n 9.3<\/strong> The material must be delivered to and collected from the Supplier at the Customer\u2019s expense and risk. Any deviations from this shall be at the Customer\u2019s expense.<\/p>\n 9.4<\/strong> The Supplier warrants proper and careful execution. No liability shall exist for damages caused by material defects or faulty technical documents.<\/p>\n 9.5<\/strong> In the event of justified notices of defects submitted in due form and within the required period, the Supplier shall be entitled to rectify the defects. After three unsuccessful attempts, the Customer shall be entitled to withdraw from the contract or reduce the price. Rework carried out by the Customer requires written consent.<\/p>\n 9.6<\/strong> For damages for which the Supplier is responsible, the Supplier shall only be liable up to the amount of the order value. Any further claims are excluded.<\/p>\n 10.1<\/strong> The place of performance for all obligations arising from this contract shall be Crailsheim.<\/p>\n 10.2<\/strong> The exclusive place of jurisdiction for deliveries, payments, and all other disputes shall be Crailsheim.<\/p>\n 11.1<\/strong> The mutual legal relationships shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).<\/p>\n 12.1<\/strong> The contract shall remain valid in all other respects even if individual parts are legally invalid.<\/p>\n","protected":false},"excerpt":{"rendered":" Terms and Conditions of Delivery and Payment Version: 01\/2021 1. General Provisions 1.1 Sales and deliveries are made exclusively on the basis of the Supplier\u2019s following terms and conditions. The Customer\u2019s terms and conditions shall not become part of the contract, even if they are not expressly rejected. 1.2 Unless otherwise stipulated in these terms…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1093","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/pages\/1093","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/comments?post=1093"}],"version-history":[{"count":1,"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/pages\/1093\/revisions"}],"predecessor-version":[{"id":1094,"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/pages\/1093\/revisions\/1094"}],"wp:attachment":[{"href":"https:\/\/aichele.de\/en\/wp-json\/wp\/v2\/media?parent=1093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}1. General Provisions<\/h2>\n
2. Offer, Acceptance of Orders<\/h2>\n
3. Prices and Payment Terms<\/h2>\n
4. Delivery<\/h2>\n
5. Warranty and Liability<\/h2>\n
6. Retention of Title<\/h2>\n
7. Impossibility, Delay, Contract Adjustment<\/h2>\n
8. Copyrights<\/h2>\n
9. Additional Terms for Contract Work<\/h2>\n
10. Place of Performance and Place of Jurisdiction<\/h2>\n
11. Applicable Law<\/h2>\n
12. Severability<\/h2>\n