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General Business Terms

 

Terms and conditions of sale and delivery

 

1. The following conditions are exclusively applicable to all our sales. Other conditions on the seller’s orders apply only if they have been expressly acknowledged in writing by us.

 

2. Our offers are non-binding.
Our minimum delivery value is EUR 160.00 ex-factory, or value of goods of EUR 770.00 – net with “free at receiving station” or “free German border”. All verbal and telephone agreements, also by our representatives, are only valid if the same if confirmed by us in writing. The weight determined by railway authorities (the works station of departure) is always decisive, for direct sales it is the original new departure weight. If on completion of the contract our costs rise for reasons that are beyond our responsibility, in particular related to price increases in raw materials or wages, we are entitled to a price increase calculated based on the market price.

 

3. Payments are only to be made to us. Agents or representatives are not authorized for collection.
Payment terms:
For payment within: 14 days from the invoice date - 2% discount;
                                     30 days from the invoice date - net.
For later or deferred payments interest of 2% above the yearly central bank discount rate is to be paid. If the debtor remains in arrears for more than 10 days after the amount is due, all our claims are payable immediately and we will be released from any further shipment obligations.

 

4. Over or under delivery of up to 10% of the amount ordered is permitted. Delivered goods, which must only be re-sold or passed on to another buyer following correct business terms, remain our property until full completion of all our claims.

 

5. If circumstances relating to the situation of the buyer arise after conclusion of the contract or delivery, which result in commercial credit not being granted, in particular as a result of bill protests, complaints or foreclosure, we are then entitled to withdraw from the contract with immediate effect. In the event of withdrawal, our reserved property is to be returned to us without contradiction. At our discretion in these cases, we are also authorized to demand immediate payment within 3 days without affecting the validity of our contract with regards delivery.

 

6. Risk is transferred to the buyer upon notification of goods being read for shipment, and at the latest when the goods leave our factory.

 

7. Complaints are to be communicated in writing within a week of receipt of the goods otherwise the goods will be approved as valid. With regards colours and paper surfaces, deviations as a result of technical elements remain reserved to us. This applies to colour failure in particular with printed adhesive tape as well as to non-fade properties of processed flexo-print colours. Colour specifications for printing designs can only be considered within existing technical options for the operation process. Variations in paper weight and dimensions are permitted as long as they are common within the paper processing industry.

 

8. To the exclusion of all further claims to this effect regarding the delivery of apparatus and machines, the supplier is responsible for ensuring that all relevant parts which are considered to have limited use due to needing repairing or replacing following the reasonable discretion subject to the choice of the supplier. These are to be repaired or replaced and delivered as long as they have been used for up to 6 months of normal daily (8-hour day) operation from the date of commissioning if this is as a result of a circumstance dating from before the transfer of risk, particularly as a consequence of incorrect design, use of poor materials or inadequate execution, resulting in parts being unusable or considerably impaired in usability.

Should such defects be discovered, the supplier must inform us in writing immediately. Replaced parts are the property of the supplier. The guarantee does not extend to errors due to
                    - Faulty or negligent handling
                    - Infringement of operational, maintenance or handling provisions
                    - Unsuitable means of operation
                    - Chemical, electrochemical or electrical influences
                    - Improper alterations or unauthorized repairs
If such circumstances are present, cause will be presumed to be between you and the fault.
For technical reasons, no guarantee can be made for heating elements, upper and lower blades or pinch rollers.

 

9. With regards substantiated complaints and complaints that need addressing, according to wishes, we are entitled, by choice, to subsequent deliveries of defect goods from the factory or for amounts received by credit note. Further claims such as conversion, reduction, withdrawal, damages or contractual penalties are excluded.

 

10. With contract work, complaints can only be recognized within reasonable scope of our performance and the resulting invoice.

 

11. Delivery time is valid ‘ex works’. It is valid only approximately and is subject to unforeseeable and blameless obstacles. Where delays affect partial deliveries, rights as a result of other performance cannot be invoked. Partial acceptance and requests for partial services are to be carried out in food time so that due supply is possible. We are allowed to make partial delivery of larger items, unless the contrary is agreed in writing. If the purchaser is in arrears with partial acceptance or calls for partial services, we are exempt from our delivery duties due to partial performance and we can demand compensation for non-fulfilment.

 

12. In the case of unforeseeable and in particular blameless event, if this has an effect on delivery or completion, in particular in the case of strikes, war and other sovereign acts, etc., resulting in failed deliveries by our suppliers as a consequence of such circumstances, we are entitled to withdraw either in full or partially from the contract by choice without creating any cause for claims against us.

 

13. Place of performance, jurisdiction and governing law:
The place of performance for all payments owed to us and other contractual obligations is Bad Homburg v. d. H. The place of performance for the shipment of goods will not be changed.
The place of jurisdiction for disputes of any kind, including for exchange and cheque litigation irrelevant of where the valid place for securities is, is Bad Homburg v. d. H.
This jurisdiction agreement is also concluded in particular for the following cases:
a) If the contractual partner has no general place of jurisdiction in the Federal Republic of Germany
b) If the party subject to a claim of legal action moves its headquarters or usual residence after the conclusion of the contract beyond the scope of this law or if the headquarters or usual residence is not known at the time of the claim;
c) If claims are asserted in the course of a collection proceedings (§§ 688 seq. ZPO(Code of Civil Procedure))
d) For small traders and non-merchants for collection proceedings, the District Court of Bad Homburg v. d. H. is responsible.
The laws of the Federal Republic of German are valid exclusively for the relationship between the contracting entity and us as well as for the interpretation of the provision in the present conditions.
Contracts by us or with us remain binding if individual terms of this Agreement should be void.
In all other respects, the Fibepa terms of sale and delivery, which we will be pleased to send you on request.
Place of jurisdiction and place of obligation have also been agreed for jurisdictional collection proceedings.

 


NEUBRONNER GMBH & CO. KG, 08/2001