General terms and conditions
Our terms of delivery and payment shall apply exclusively, with which our customer declares his agreement when placing the order, and also for future transactions, even if no express reference is made to them but they have been received by the customer with an order confirmed by us. If the order is placed in deviation from our terms of delivery and payment, only our terms of delivery and payment shall apply even if we do not object. Deviations shall therefore only apply if they have been expressly acknowledged by us in writing. We are entitled to assign the claims arising from our business relations.
Offer and conclusion:
Our offers are subject to confirmation. The conclusion is effected by our written order confirmation. Subsidiary agreements are only effective if they are confirmed by us in writing. Orders once placed are irrevocable and non-cancelable.
Prices are ex works and are subject to change. We reserve the right to adjust the prices if a change in the cost factors should occur in the period between the submission of the offer and delivery. Value added tax at the respective statutory rate shall be added to the prices.
The contractual relationship is exclusively subject to German law, in particular the German Civil Code and the German Commercial Code.
The agreed delivery time is ex works. The delivery period shall be subject to clarification of all details of execution and compliance with the terms of payment. The delivery period shall be reasonably extended in the event of industrial disputes, in particular strikes and lock-outs, as well as in the event of unforeseen hindrances beyond the control of the Supplier - irrespective of whether such hindrances occur at the Supplier's works or at the works of its subcontractors - e.g. operational breakdowns, rejects, etc. The delivery period shall be extended by a reasonable period of time. delays in the delivery of essential raw and construction materials, insofar as such obstacles demonstrably have a considerable influence on the completion or delivery of the delivery item.
Claims for damages cannot be asserted due to delayed delivery. Withdrawal from the contract can only be declared after the expiry of a reasonable period of grace.
If obstacles for which we are not responsible make the fulfillment of the contract unreasonable or if the financial circumstances of the customer deteriorate, we shall be entitled to withdraw from the contract.
Shipment and carriage of the goods shall be for the account or at the risk of the Purchaser. Freight shipments shall be made freight collect. Packaging will be charged at cost price, postal shipments to the recipient will be free of packaging. Exceptions are repair orders and customer services for which postage or freight as well as packaging will be charged.
Terms of payment:
Invoice amounts are payable within 10 days of the invoice date by invoice with 2% discount or within 30 days of the invoice date without discount. Repairs and other services are payable within 8 days by invoice. Any complaints do not release the customer from the punctual observance of the payment date. In the event of late or deferred payment, the usual bank interest and commission rates shall become due without the need for a reminder. Discountable bills of exchange and checks are accepted on account of payment. Discount, bank and collection charges as well as stamp duties are to be reimbursed by the customer. If the financial situation of the customer is unfavorable or if a negative assessment of the customer's financial situation is made, we shall be entitled to demand immediate payment of the total amount before the due date or to withdraw from the contract while maintaining a claim for damages. This shall also apply if one of the aforementioned events occurs during the term of an agreed installment payment or a bill of exchange accepted. The purchaser waives the right to exercise the right of retention as well as the right to assert a set-off due to any deficiencies counterclaim, etc. Payments shall always be offset against the oldest invoice.
VR Bank Hünfeld, sort code: 53061230,
IBAN: DE54530612300000113506, BIC: GENO DEF 1 HUE
Retention of title:
The delivered items remain our property until payment of all our claims, including future claims, even if the purchase price for specifically designated claims has been paid. In the case of a current account, the reserved property shall serve as security for our balance claim. The processing of goods delivered by us and still owned by us by the customer shall be carried out on our behalf without any obligations arising for us from this. If the purchaser processes or combines our goods subject to retention of title with other items, the purchaser hereby assigns to us his ownership or co-ownership rights to the new items and shall hold them in safe custody for us with due commercial care.
The purchaser is entitled to sell the goods in the ordinary course of business. He is prohibited from pledging or transferring the goods as security. The customer shall notify us immediately of any pledge or any other impairment of our rights by third parties. If the purchaser sells our goods subject to retention of title, he hereby assigns to us the full claim against his customers arising from this legal transaction, including all ancillary rights, until all our claims have been settled in full, irrespective of whether he sells the items alone or together with other performances. If the price obtained from the resale exceeds our claim, we shall be obliged to retransfer the surplus.
In case of breach of contract by the customer, in particular in case of default of payment, we shall be entitled to take back the delivered goods and the customer shall be obliged to surrender the same. The assertion of the reservation of title as well as the seizure of the delivery item by us shall not be deemed a withdrawal from the contract.
Since diamonds are natural products and we do not have the possibility of a verification of the proper handling of the delivered diamonds or diamond tools, a warranty of any kind cannot be granted for this. Trying and use of diamonds and diamond tools are at the risk of the purchaser.
Otherwise, notices of defects must be given in writing within one week after receipt of the goods. We shall be liable for defects in our products - with the above exception of diamonds and diamond tools - for a period of 6 months after the transfer of risk in such a way that we shall replace free of charge or repair at our discretion all parts which are demonstrably defective due to faulty material or incorrect workmanship after carriage paid return of the goods. Further claims of any kind, in particular compensation for damages, replacement costs, freight, loss of profit, etc. - from positive breach of contract or neglect of any secondary obligations - are excluded. There is also no right to rescission or reduction. Defective parts for which replacements are provided shall become our property. We shall only be liable for third-party products supplied by us to the extent that our sub-suppliers assume the warranty for their products vis-à-vis us.
Liability for collateral obligations:
If, due to our fault, the delivered item cannot be used for its intended purpose by the purchaser as a result of omitted or faulty execution of suggestions and consultations prior to or after conclusion of the contract as well as other contractual collateral obligations - in particular instructions for operation and maintenance of the delivery item - the provisions in the warranty section shall apply accordingly, to the exclusion of further claims by the purchaser.
We do not assume any liability for the supplier's declaration issued by us in accordance with EC Regulation 1207/2001 vis-à-vis the foreign purchasers of our customers or vis-à-vis the customs authorities.
Right of the purchaser to withdraw from the contract:
The purchaser may withdraw from the contract if the entire performance becomes finally impossible for us before the transfer of risk. The same shall apply in the event of our inability to perform. The Purchaser may also withdraw from the contract if, in the case of an order for similar items, it becomes impossible to perform part of the delivery in terms of quantity and the Purchaser has a justified interest in refusing a partial delivery; if this is not the case, the Purchaser may reduce the consideration accordingly.
Furthermore, the Purchaser shall have the right to rescind the contract if we allow a reasonable period of grace granted to us for the remedy or rectification of a defect for which we are responsible within the meaning of the terms and conditions of delivery to expire fruitlessly through our fault. The reasonable period of grace shall not commence earlier than until the defect and our obligation to represent have been acknowledged or proven. The purchaser's right of withdrawal shall also apply in the event of impossibility or inability on our part to remedy the defect.
The illustrations in our catalogs and brochures are not binding for the design. We reserve the right to make changes to the design at any time. We do not accept any liability for deviations from the given dimensions, weights, etc. We are not liable for any printing errors in our catalogs, brochures, price lists and other printed matter.
We reserve the right of ownership and copyright to illustrations, drawings, samples or other documents. They may not be made accessible to third parties without our permission and must be returned immediately upon request.
Place of performance:
The place of jurisdiction is, at our discretion, the registered office of the company or Frankfurt/Main. This also applies to bills of exchange and checks. We can also take legal action at the registered office of the purchaser. German law and the latest version of Incoterms shall apply to export deliveries.