General Conditions of Sale
The general conditions apply to all our products and services, contracts, agreements, delivery, etc., unless otherwise agreed.
1. Our offers are issued in written form and are not binding. Sketches and other additional documentation shall remain our property and cannot be forwarded to any third parties.
2. Customer orders shall be considered as 'received', after an order confirmation is issued in written form. An order confirmation is binding for us and the customer, and has the nature of a sales contract. If the customer does not issue any objections within 8 days of receiving the order confirmation, they shall be considered as having agreed to the conditions, specified in the confirmation. Supplements and amendments shall only be applicable after our written confirmation.
3. Price and payment
3.1. The prices are valid EXW Batuje (Incoterms 2000), unless otherwise specified. After the order confirmation is issued, the price may change if the material price index (MEPS International Ltd.) rises by more than four (4) index points. In this case, the new price is calculated based on the MEPS price index of the month of delivery.
3.2. Payments shall be considered to have been made when the funds are remitted to our account. In the event of late payment, we are entitled to charge statutory back interest, which shall be due for payment immediately.
3.3. Delivered goods remain in our property until customer obligations are fully met. The customer is obliged to handle goods that are still our property with due care and to clearly mark them as our property. In the event of a resale, the buyer is obliged to forward the ownership rights.
4. Delivery
4.1. We reserve the right to change the expected fabrication term (hereinafter referred to as “production end date”) up to three (3) months before the production end date, indicated in the order confirmation. If the production end date is changed by more than six (6) weeks, the customer has the right to withdraw from the order. The production end date specified in the order confirmation is subject to proper and punctual deliveries by our suppliers. In the event of unforeseen circumstances beyond our control, the production end date is subject to reasonable adjustment. The customer shall be informed about the occurrence and duration of the delay in a timely manner.
4.2. The customer is obliged to provide us with the delivery information in good time, otherwise we shall not assume responsibility for wrong delivery.
4.3. Deliveries shall be consistent with the EXW (Incoterms 2000) clause, unless otherwise agreed upon.
4.4. The production period begins when all the conditions in the order confirmation (payment, confirmed sketches, etc.) are met.
4.5. In the event that the customer fails to meet their contractual obligations (e.g. advance payment, opening a letter of credit, submitting documentation, etc.) in due time, we reserve the right to delay the production end date according to the requirements and course of our production.
4.6. In the event of a delay in the acceptance of goods by the customer, we shall store the goods at the customer's expense. Should the customer refuse to accept the goods, they shall be obliged to settle the costs incurred by us (decrease in goods value, underselling, financial costs, warehousing costs, etc.).
4.7. In case of force majeure or unforeseen circumstances beyond our control (e.g. natural and other disasters, drastic changes in supply conditions and material/service prices, sudden changes in legislation or business restrictions by state and other authorities, etc.), we reserve the right to withdraw from the contract. In such a case, the customer shall be notified in a timely manner and shall have no right to a compensation.
5. The customer has to inspect the goods immediately after delivery. In case of any damage, defects, unsuitable properties, etc., the customer is obliged to inform the supplier in written form within eight (8) days after delivery. For all hidden defects, this term is six (6) months after delivery. This applies to defects that cannot be detected with an accurate examination in the 8-day period after delivery.