1. general
Our following terms and conditions shall apply to the entire business relationship. Deviating agreements or additions are only binding if they are confirmed by us in writing. In any case, these shall only apply to the order for which they were made. The customer waives his own terms and conditions of business if he does not immediately object to them in writing.
2. offer
Our offers are always subject to change. All details in offers and the associated documents, price lists and advertising brochures have been carefully determined by us, but are non-binding unless they are expressly designated as binding. We reserve all property rights and copyrights to all offer documents prepared by us, in particular the drawings and the accompanying documents.
3. export
As we are contractually bound in various countries, our products may only be exported with our express consent.
4. prices
All prices are ex our registered office. The statutory value added tax applicable at the time of conclusion of the contract shall be added. Invoicing is based on the prices valid on the day of delivery. All prices are ex works. Our prices are based on the labor and material costs valid at the time of order confirmation. Should there be any changes to these costs up to the day of delivery, we shall be entitled to make corresponding price corrections.
5. delivery time
The delivery period shall commence on the date of our order confirmation. The delivery periods shall be determined by us in such a way that they can be met in all probability; however, unless expressly agreed otherwise, they shall not be binding. Failure to meet the delivery deadlines shall not release the customer from his obligation to accept delivery.
6. custom-made products
Devices that have been manufactured according to customer specifications cannot be taken back. If such devices are changed or canceled, the accrued costs plus a reasonable profit share must be charged.
7. tools and molds
Tools and molds shall only become the property of the purchaser upon full payment. Insofar as objects are manufactured according to models or drawings of the purchaser, the purchaser shall be liable for all claims arising from third-party property rights and for the costs incurred by us. We shall store the tools and molds carefully and maintain them. We shall not be liable for damage that occurs despite proper handling, but shall only bear the costs of repair that are directly related to production. The costs arising from wear and tear
shall be borne by the customer.
8. terms of payment
Unless otherwise agreed, our deliveries are payable net within 30 days of the invoice date. We are entitled to demand advance payments or securities if the customer does not comply with the terms of payment or if circumstances become known which impair the customer's creditworthiness. After setting a reasonable deadline, we are entitled to withdraw from the contract or to demand compensation for non-performance.
9. order confirmation
All orders, agreements, assurances etc., including those of our representatives, require our written confirmation to be legally effective.
10. packaging
In the absence of special instructions, the goods shall be packaged in a manner customary in the industry. Packaging shall be charged at cost price and shall not be taken back.
11 Delivery and transfer of risk
We shall be entitled to make partial deliveries; they shall be deemed an independent transaction. The risk shall in any case pass upon handover to the customer, the railroad, the forwarding agent or carrier, but at the latest when the goods leave our works,
to the customer, even in the case of carriage paid delivery.
12. reservation of title
All deliveries shall be made subject to retention of title. Ownership shall not pass to the Purchaser until all its liabilities arising from its business relationship with REINER® have been paid. This shall also apply if the purchase price for certain deliveries of goods designated by the Purchaser has been paid. In the case of a current account, the reserved title shall be deemed security for our balance claim. If bills of exchange or checks are given in payment, only the redemption shall be considered as repayment. The customer's claims arising from the resale of the goods subject to retention of title are hereby assigned to us, irrespective of whether the goods subject to retention of title are resold without or after processing. The assigned claims serve as security for us only to the amount of the value of the reserved goods sold in each case.
13. warranty
REINER® warrants that the delivery item is free of defects and has the guaranteed quality. Defects in the product caused by force majeure are excluded. The limitation period for claims for material defects shall commence on the day of delivery and shall be 12 months. The warranty is only valid if the product has been used as intended and - in relation to the respective device - under normal use, as well as preventive, regular maintenance, insofar as this is technically necessary for the delivered item. The warranty does not include fault rectification due to poor document material, incorrect ink cartridges, incorrect handling of the device, improper repair attempts by the customer or damage during transportation of the device and damage caused by foreign objects. For software supplied by us, the warranty only applies to the current and approved release. Excluded from the warranty are defects and/or damage that can be attributed in particular to improper use, operational wear and tear, operating errors and negligence on the part of the customer when handling the delivered item, etc. If a maintenance contract has been concluded with REINER®, defects shall be rectified on site following justified and timely notification of defects. If no maintenance contract has been concluded, defects shall be rectified following justified and timely notification of defects and free-of-charge return of the contractual item to the REINER® customer service center in Furtwangen. If the rectification of defects fails and further attempts at rectification are not reasonable, the statutory warranty rights can be asserted. If notified defects cannot be determined upon inspection, the customer shall bear the costs of the inspection. This also applies if defects can be detected but are due to incorrect operation or faults for which we are not responsible.
14. liability
The Contractor shall be liable for damages caused by it in accordance with the statutory provisions in cases of gross negligence (intent and gross negligence), furthermore in the event of the assumption of a guarantee, in the event of injury to life, limb or health for which the Contractor is responsible and in cases of inability or impossibility for which the Contractor is responsible. If the Contractor breaches a cardinal obligation or an essential contractual obligation through simple negligence, its obligation to pay compensation shall be limited to the unforeseeable damage typical of the contract. In all other cases of liability, claims for damages against the Contractor due to the breach of an obligation arising from the contractual obligation and due to tort are excluded, so that the Contractor is not liable for loss of profit or other financial losses of the Client.
15 Place of fulfillment and jurisdiction
The place of performance for delivery and payment is Furtwangen/Black Forest. The place of jurisdiction for both parties is Donaueschingen. German law shall apply to contractual relationships.
16. final provisions
Should one or more of the above provisions be invalid, this shall have no effect on the remaining provisions. Any invalid provision shall be interpreted in such a way that it comes closest to the intended purpose in an effective form.