Sales and delivery terms and conditions
1. CONTRACTUAL AGREEMENTS
Sales and delivery contracts are only binding if we (Schleicher Fahrzeugteile) agree to them in writing. All sales and delivery contracts are based exclusively on the following terms and conditions, which the purchaser (receiver of goods) implicitly accepts by placing an order. Any additions or changes to the agreement are only valid if we agree to them in writing. Any conditions or stipulations of the purchaser (receiver of goods) that deviate from these are not binding on us, even if we do not expressly deny or contradict them.
Prices are EXW (ex- works), packing excluded. Prices are subject to change, for example due to any general cost changes, up to the date of delivery. Prices do not include value added tax (VAT).
3. TERMS OF PAYMENT
Assuming that an early payment was not agreed on, our invoices are to be paid, in cash, within 30 days of the invoice date, without deductions. If payment is not made within that timeframe, we are entitled to an arrears charge of 5 % (consumers) and 9 % (non-consumers) respectively over the base rate defined by the German Central Bank (according to § 288 BGB).
In cases of a delay in taking delivery, or failure to take delivery, the receiver of goods is responsible for paying any costs that have accrued, based on the agreed terms of payment.
4. TIME OF DELIVERY
Times that have been agreed to for shipping are not legally binding. The purchaser is only justified in being freed from the contract, if we are not able to deliver the goods after a reasonable agreed-on grace period and if it can be shown that such failure was because of us, or if the delivery cannot be made for reasons out of our control. Labor strikes, "acts of God" and other unforseeable, unavoidable and serious events free us, and to the extent of their overall effect, from our duty to perform, for the duration of such events. A right to be freed from the contract is not created for the purchaser due to such situations, and punitive costs and any additional costs are excluded, due to late delivery or due to non-delivery.
The purchaser accepts all costs and hazards associated with shipment. We do not cover the costs of transport insurance.
6. COMPLAINTS AND NOTIFICATIONS OF DEFECTS
Notifications of defects and all other complaints must be made promptly, and within eight days after receipt of the goods; if the defect or complaint is not immediately evident (i.e. it is hidden), within eight days of the discovery of such defect, otherwise claims are no longer valid.
All warranty claims cease to be in force six months after the date when goods leave our facility.
Warranties are carried out based on our choice of: repairing the part that was defective, replacement of the part or by a replacement shipment. All claims for damages, particularly claims of subsequent or consequential losses, are excluded. If a repair or replacement delivery is not possible, the purchaser has the right to be freed from the contract, but without any claims for damages.
7. RETENTION OF TITLE
We retain legal title to all property claims and rights attached to the shipped goods, up to the point that payment is made in full; all individual deliveries are to be viewed as a single combined delivery transaction. In a situation in which an invoice is open, the property rights to the goods are to be viewed as security against the open balance to be paid.
If the goods are unified into one single shipment object together with other objects, and if the other object(s) are to be viewed as the "principle object", the purchaser is obliged to transfer joint property proportionally to the supplier of the goods, in so far as the main object belongs to him. If the purchaser (receiver) sells the delivered goods to a third party, he herewith conveys all claims and secondary rights conferred to that third party to the supplier (to us), and those rights are legally in force until all claims are paid in full.
The purchaser has a duty to inform the third party of such assignment , if we ask him to do so, and has a duty to provide us with any documents and information resulting from that assignment, which may be required for us to represent our rights in the assignment. The supplier of goods (we) will release any security that we have held in the transaction, if its value exceeds the claims to be secured by more than 20 % in total.
8. PLACE OF PERFORMANCE AND JURISDICTION
The place of performance and jurisdiction is Munich. The legal terms and conditions between us and the purchaser are subject exclusively to the laws of the Federal Republic of Germany.
Schleicher Fahrzeugteile GmbH & Co. KG
Munich, 30th April 2019