Terms

Terms and conditions

Terms and conditions

Publisher:

Strasshofer GmbH
Am Fernblick 11
08499 Reichenbach, Germany

Phone: +49 8171 48311 0
Fax: +49 8171 48311 22
Email: info@strasshofer.de

Listed in Chemnitz – Germany, HRB 20233
VAT-Id: DE128238756

TERMS OF SERVICE – TERMS AND CONDITIONS
These conditions form an integral part of the agreement. Variations from these conditions are only possible with written consent.

1. CONCLUDING OF A CONTRACT
Each sale only becomes binding on our part when confirmed by us in writing. The purchasing conditions of the customer impose no obligations whatsoever on us, even when we do not explicitly stipulate to the contrary of such conditions. If after the concluding of a contract it appears that information concerning the solvability of the customer does not meet our expectations, we will have the right to require certain sureties.
2. PRICE
Prices are ex-works. If carriage paid prices were agreed, this is based on normal transportation. If the goods are sent by courier, the difference in price between this method of sending and the normal method is charged to the customer. Costs of any express shipments also fall at the expense of the customer. All dispatches take place at the risk of the customer. When because of pay increases or price increases for raw materials before the date of delivery price differences occur with respect to the basic prices, we reserve the right to adapt our prices accordingly. For orders for which no price has been agreed, the prices applicable on the day of delivery apply. When goods are delivered in different batches, we reserve the right to charge for each delivery separately.
3. PAYMENT CONDITIONS
Our invoices are due for paymentthirty days after the invoice date, post-paid and without costs or discounts. Payments must be made irrespective of the receiving of the goods or the right to submit a complaint. Compensation or retention because of any counterclaims on the part of the buyer that are not explicitly acknowledged by us are excluded. A discount of 2 % off the net selling price of the goods is given in the case of cash payment within ten days of the invoice date, insofar there are no older, lapsed invoices due for payment. Bills of exchange and cheques are only accepted by us by way of payment. Cheques are only valid as cash payment insofar as they are sent to us in good time, and their cashing can take place within the abovementioned term of payment. Antedated cheques are not accepted. We reserve the right to refuse payments by acceptance or bill. According to the general bank conditions, coupons may only cover a period of three months, and they must be made payable at a credit establishment at the domicile of the central bank. For bills of exchange accepted by us, the discount rates of our banks are charged up to the due date. Costs associated with bills of exchange fall at the expense of the drawer. No discounts are given for payments by bill of exchange. In the case of non-payment by the due date, compensation of 15% becomes payable by right and without prior notice of default on the still due amount, with interest payable on this amount of 1% per month, with a minimum of €50 from the due date. No interest is paid on advance payments or supplements. All payments are always made in the first instance on interest and costs, and in the second instance on our oldest claim, without taking account of any provisions of the payer. We do nevertheless retain the right to alternatively credit the payment to his account. In the case of non-compliance with the payment conditions, remaining in default, or circumstances that reduce the creditworthiness of the buyer, any outstanding sums become immediately payable. Such a circumstance entitles us to only supply still outstanding deliveries against payment in advance, to wholly or partly stop such deliveries, to cancel the contract after an appropriate period, claim compensation for non-compliance with the obligations, forbid the buyer from any further sale of goods already supplied under retention of title, or retake possession of the individual goods. When taking back goods, the cancellation of the contract is subject to this being explicitly mentioned. Transport costs and other costs originating from the taking back of goods are at the expense of the buyer. Only after full payment of the balance of all our claims can the buyer require the goods that were taken back without written annulment of contract to be delivered to him again.
4. RETENTION OF TITLE
Our deliveries take place solely under retention of title. The buyer only becomes the owner of the goods when he has complied with all his obligations to us, also when the purchase price of certain goods deliveries indicated by the buyer has been paid. With a running account the retention of ownership applies as surety for our balance claim. The treatment or processing of goods supplied by us that are still our property always takes place as a part of our order without any obligations resulting for us. In the case of goods being supplied by us as mixed goods or related to other objects, the buyer waives his ownership or co-ownership rights with regard to the mixed stock or the new objects, and he will retain such goods for us with the due diligence of a trader. The buyer is only allowed to let the goods circulate in a legal environment and sell the goods if his customer did not exclude the cession of claims from the worldwide sale of the goods. Goods under retention of title may not be pledged by the buyer, nor may their ownership be transferred. The buyer must immediately inform us about any completed or pending pledges, as well as of any other restriction of our rights, in particular the existence of worldwide cessions. In the case of pledging, an official report of pledging is to be sent to us. In the case of the buyer selling the goods supplied by us , in whatever state , alone, he transfers all claims originating from the sale to his buyers along with all accessory rights (including profit margin and assembly costs) to us up to the time of the complete settlement of all our claims. If the sale of our goods under reservation , in whatever state , takes place together with the sale of objects encumbered by rights of third parties or/and in conjunction with activities by third parties, the prior assignment is limited to the amount of the value of the invoice for the goods under reservation that we issue in the name of the buyer. The buyer is entitled to withdraw claims waived in this way for us at his own risk and danger as long he complies with his contractual obligations to us. We can withdraw this authorisation at any time. Should we so desire, the buyer is compelled to make the assignment known to the co-creditors and inform us of the information needed for the application of our rights, and forward us the necessary associated documents.
5. MEASUREMENTS AND WEIGHTS
Illustrations and measurements such as weight and volume indications in our lists, quotations and order confirmations are only indicative. No guarantee is given with regard to measurements and weights indicated. Insofar as a weight comprises the basis of a calculation, the weight shown on our scales counts.
6. PACKAGING
To the extent agreed and confirmed in writing or as deemed necessary by us, our goods are packaged as customary in the trade. We cannot be held responsible for inadequate packaging when packaging does not take place at our establishments in the ordinary manner; neither can the buyer hold us responsible if the delivery note that has to be applied by railway personnel bears the words « delivered poorly packaged » or « delivered unpacked ».
7. DELIVERIES
Deliveries take place ex-works at the expense of the buyer. If not otherwise agreed, we decide the transport route, the method of transport and packaging, as well as other safety aspects concerning our goods under exclusion liability. Costs relating to waiting times of means of transport are not our responsibility. In any case of losses, reductions or damage, this must be reported by the receiver in the form of a damage claim to the railway authorities according to the provisions of the railway regulations. The same applies for transport by vehicular traffic. Our written permission is required for return shipments of goods or the withdrawal of orders. Return shipments must be addressed to our local railway station. A charge of 5% is made with the taking back of goods already supplied; for damaged goods the reduced value will be taken into consideration.
8. DELIVERY PERIODS
Delivery periods must always be regarded as approximate and do not bind us. No claims can be submitted by the buyer due to the exceeding of a delivery period. If by way of exception a delivery date or period has been agreed, the delivery period commences on the day of the order confirmation, but not before all details of the order have been clarified and the buyer has complied with all obligations included in the delivery contract. Problems within the company (shortage of raw materials or vehicles , also shortages of vehicles or containers) and all cases of Act of God, including such at any of our supply companies, that clearly impede our supplying of the goods, entitle us to wholly or partly cancel the delivery contract or extend it until the problem has been solved. In such a case new arrangements must be made. If the agreed taking possession or purchase of ordered goods does not take place for a reason attributable to the buyer, risks pertaining to the goods are transferred to the buyer after written notification of the completion of the order on the premises. We will then store such parts and bear any risks to the goods for appropriate compensation. We are then also entitled to make calculations for the goods as if collection or purchase had taken place on time.
9. COMPLAINTS
Complaints, of whatever nature, are only legally valid when we are informed of them in writing immediately after receipt of the goods, and at the latest within 8 days. This particularly applies for complaints concerning the appearance and the completeness of the goods delivery. Such complaints are no longer admissible after the period indicated. We must be given the opportunity of having reported shortcomings inspected by our own representatives. Any guarantee entitlement becomes inapplicable if defective goods have been changed or repaired without our explicit permission. Disputed guarantee claims expire one month after our ultimate rejection of the complaint.
10. LIABILITY
For all damage originating in conjunction with our contractual obligations, we can only be held liable insofar as the damage is reported immediately to us, our fault can be demonstrated, and insofar as this damage is not covered by our compulsory liability insurance. Financial loss is not covered.
11. LONG-TERM CONTRACTS AND ORDERS ON DEMAND
For contracts where a longer execution period is provided or for orders on demand, we must be informed of the required dates of delivery and the associated specifications for approximately an equal number of months beforehand. If these dates or specifications are not specified in the period determined by us, we may deliver on or not on demand at our discretion and charge the prices applicable on the day of delivery, or after the failure to establish a period of delivery to claim damage compensation for non-compliance with obligations, or cancel the remaining part of the contract.
12. PLACE OF TRADING/COMPETENT COURT OF LAW
The only place of trading for the delivery of the goods is the registered office of our company. All agreements are governed by German law, and any disputes resulting from the present agreement will be judged by the law courts of the administrative district of Reichenbach (Germany).
13. ONLINE DISPUTE ASSIGNMENT FOR CONSUMER COMPLAINTS ODR REGULATION NO . 524/2013
The European Commission provides a platform for online dispute resolution (OS). You can find the platform under http://ec.europa.eu/consumers/odr/
If you have problems you can contact us at info@strasshofer.de

Strasshofer is not responsible for possible mistakes of this price catalogue and can change, without previous notice, the present data.
STRASSHOFER GMBH, Version 04/2015