Terms and Conditions (GTC)
In case of any possible interpretation/misunderstanding of the GTC in English, the German version of the GTC will always be used for legal clarification.
Scope of application
These terms of delivery and payment apply to all our deliveries of goods, even if these deliveries are made without using or expressly referring to these terms of delivery and payment. By ordering the goods or service, the customer accepts these general terms and conditions of sale and delivery. In order to be valid, amendments or ancillary agreements require our written confirmation by authorized persons entered in the company register and apply - unless expressly agreed otherwise (e.g. framework agreement) - only for the respective individual business case. Our other employees are not authorized to make changes or ancillary agreements to these general terms and conditions of sale and delivery. Deviating contractual conditions of the customer are expressly contradicted. Should individual points of these general terms and conditions of sale and delivery be ineffective, this does not affect the validity of the remaining provisions and the contracts concluded on their basis. In place of the ineffective provision, the parties shall agree on an effective one that comes closest in meaning and purpose.
Our offers are non-binding. The customer's orders are the offer in the legal sense. The contract is only concluded when we send our order confirmation in writing, by fax or e-mail or by delivery. We are entitled to accept orders only in part or to reject them without giving reasons.
Our prices are non-binding and do not include sales tax or any ancillary services, free from our warehouse. The price according to the price list valid on the day of delivery will be charged. In the case of repair orders, the work required to identify defects (cost estimate) must also be reimbursed if a repair order is not issued. If the order is not placed within one month of the creation of a cost estimate, the device will be returned to the customer in an unrepaired, disassembled state and the work involved will be charged.
Delivery times are adhered to as best as possible, but are non-binding. Delays only entitle the customer to assert his statutory rights if we do not carry out the delivery despite having set a grace period of at least two weeks in writing. Circumstances that are independent of the will of the parties, such as official intervention, delays by upstream suppliers and labor disputes, extend the delivery period by the duration of the hindrance. The same applies to promises about the completion of repairs.
Terms of payment
Our invoices are payable within 14 days of the invoice date without deduction. However, it is at our discretion to make deliveries only against cash on delivery or prepayment. Discount may only be deducted on the basis of a separate written agreement. Bills of exchange and checks are not considered payment and are only accepted subject to receipt. In this case, a discount deduction is not possible, even with a separate discount agreement. The customer can only offset undisputed or legally established claims or assert a right of retention.
If the payment deadline is exceeded, we are entitled to charge interest on arrears at the statutory rate. Furthermore, in the event of default in payment, the customer undertakes to reimburse us for the costs incurred through out-of-court collection. Incoming payments can be credited to the oldest delivery, regardless of the dedication by the customer. If the customer defaults on payment, we are entitled - without prejudice to other rights - to make all outstanding invoices due immediately and to withhold our deliveries until the agreed consideration has been provided, observing the outstanding delivery period or, after a reasonable grace period has expired, to withdraw from the contract and claim damages to demand non-performance.
Shipping is at the expense and risk of the customer. Deliveries on call are deemed to be called off no later than one year after the order has been placed and will then be provided by us. In the absence of any special instructions from the customer, delivery is made to the best of our judgment and without guarantee for the choice of the fastest and cheapest shipment. Packaging material will not be taken back.
We guarantee and warrant that the delivered device is free from material or manufacturing defects. This guarantee and guarantee applies on condition that the device is used and handled correctly, maintained and cleaned in accordance with the JUWEL - SCHRAUBTECHNIK operating instructions and that the technical integrity is maintained, i.e. that only original JUWEL - SCHRAUBTECHNIK consumables, accessories or spare parts or for JUWEL - SCHRAUBTECHNIK torque wrenches, other products of the same quality can also be used with the device. Guarantee and warranty claims - regardless of the legal basis on which they are based - must be asserted within 12 months of the date of sale (invoice date). This period begins anew with the delivery of replacement goods or improvement only with regard to the replaced or improved parts. Our warranty and guarantee includes, at our option, free repair or free replacement of defective parts. Parts that are subject to normal wear and tear are not covered by the warranty and guarantee.
Further claims - on whatever legal basis - are excluded. In particular, we shall not be liable for any loss or expense related to the use of, or inability to use, the device for any purpose, unless we can be shown to have acted with intent or gross negligence. Any implied warranties of merchantability or fitness for a particular purpose are expressly disclaimed.
The guarantee and warranty claim is forfeited if the present general terms and conditions are not observed, as well as in the case of repairs by the customer or in third-party workshops. The guarantee and warranty claim must be asserted immediately after the defect is discovered, and the device and/or the affected parts must be sent immediately to the responsible JUWEL agency for repair and/or replacement at the customer's expense.
These regulations include all guarantee and warranty obligations on the part of JUWEL - SCHRAUBTECHNIK and replace all previous declarations as well as written or oral agreements regarding guarantees and warranties.
The customer is solely responsible for the selection and use of the delivered goods. Application advice is only binding if we have confirmed it in writing.
Claims for damages by the customer for whatever legal reason, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, consequential damage, defects or tort are excluded, unless they are based on intent or gross negligence on our part. The customer must prove the existence of intent or gross negligence. The instructions for use given by us for the delivered goods must be observed. If these instructions are disregarded or if official approval conditions are not observed, we shall not be held liable.
Retention of title
Our deliveries are made exclusively under retention of title. The customer is not entitled to resell the goods delivered by us to third parties.
The customer guarantees us access to his company at any time to inspect the reserved goods. If the customer is in arrears with his payment obligations, if bankruptcy proceedings are applied for or opened against his assets, or if the customer violates other contractual obligations, we are entitled - at our discretion while maintaining the contract - to demand the return of the reserved goods, to pick them up and entering the customer's premises.
Place of Performance/Jurisdiction
Place of performance and place of jurisdiction for mutual claims is Knowledge/Sieg. The place of jurisdiction for all disputes arising directly or indirectly from the contract is agreed to be the German court that is locally and factually responsible for our registered office (57537 Wissen/Sieg). However, we are also entitled to appeal to another court that is responsible for the customer.
Ernst Berger & SonsJEWEL-Schraubtechnik GmbH