General terms and conditions
We only make regular deliveries to resellers and/or
commercial consumers. The following General Terms
and Conditions therefore apply to this group of persons
(entrepreneurs) and legal persons under public law or
special public assets within the meaning of § 310 (1)
of the German Civil Code (BGB). All our offers and purchase
and delivery contracts concluded with us are
based solely on our General Terms and Conditions. Any
deviations from these General Terms and Conditions require
our express written approval.
I. Scope of supply
The scope of supply shall be based on our written order
confi rmation. A deviation from the scope of supply (especially
for custom-made articles) shall be permitted
as long as there is no major difference from the agreed
scope of supply and the deviations are reasonable for
the customer. Partial deliveries shall be permitted if
they do not lead to any disadvantages regarding use of
the goods. During the delivery period, we shall reserve
the right to make design and shape changes, which are
due to an improvement in the state of the art or to legal
requirements, provided the changes in the delivery item
are minor and they are reasonable for the customer.
II. Delivery terms/Passing of risk in the case of shipment
(1) When the net value of the goods is less than
€ 250,– we shall deliver ex works, excluding freight,
postage and packing. In the case of small orders with a
net goods value less than € 50,– we shall reserve the
right to calculate a minimum quantity surcharge. When
the net value of the goods exceeds € 250,– we shall
deliver from Germany free destination (receiving station)
or free German frontier, including freight, postage,
packing (excluding carriage and local delivery charges,
as well as costs for incidental charges such as couriers,
express delivery, cash on delivery, etc., which shall
be calculated separately). This shall not include drill
rigs, soil augers and accessories, which shall always
be delivered ex works, excluding freight, postage and
packing. This provision shall also apply to other goods
with a heavier weight and larger dimensions, which do
not form part of our normal drill and tool product range.
When the net value of the goods is more than € 1,500,–
we shall deliver FOB German airport or port.
(2) In the case of deliveries from our depots, we shall
levy a reasonable surcharge for prior carriage charges
and warehouse service (maximum 5% of the net goods
value). Packaging shall become the property of the customer
and shall be charged by our company. Postage
and packing costs shall be invoiced separately.
(3) The dispatch method shall be chosen at our best discretion.
When the goods are sent to the customer, but
at the latest when they leave the factory/warehouse,
risk of accidental loss or accidental deterioration of
the goods shall pass to the customer, irrespective of
whether delivery is effected by our company or a third
party commissioned by us, and irrespective of who pays
the freight costs. Transport insurance shall only be provided
at the express request of the customer and in
return for payment. Transport damage shall be reported
immediately to the carrier.
(4) In the case of direct delivery to thierd parties (for example to the customer of the customer)
we charge a service fee of 7.50 euros per order plus shipping costs.
(5) In the case of an express delivery, the order must be submitted by 12 30 hrs to guarantee the same day deli very.
III. Prices and price changes
(1) All prices shall be shown in Euro per unit (piece, set, etc.) plus statutory VAT.
(2) Price changes after conclusion of the contract shall
be permitted if a period of more than three months has
elapsed between the date of conclusion of the contract
and the agreed delivery date. If wages, material costs,
sales costs or market cost prices then rise before completion
of the delivery, we shall be entitled to increase
the price by a reason-able amount based on the cost
IV. Payment terms
Our invoices shall become due for payment within 10
days less 2% discount or in 30 days after delivery without
any deductions. Invoices under € 50,– shall become
due for payment immediately without any deductions.
If the customer fails to pay on time, default interest
amounting to 8% above the basic interest rate shall
become due in accordance with § 247 of the German
Civil Code (BGB). We shall expressly reserve the right
to enforce a claim for further damage. Payments made
by cheque or bill of exchange shall only be considered
as made when honoured.
V. Reservation of title
(1) We shall reserve title to the supplied goods until
all claims from the delivery contract have been paid in
full. If the customer infringes the contract, in particular
by delays in payment, we shall be entitled to recover
the goods after issuing a warning. The customer shall
be obliged to return the goods in this case. Assertion
of the reservation of title and recovery of the delivery
items by us shall not be regarded as withdrawal from
(2) The customer shall be entitled to resell the delivery
items in the ordinary course of business. However, the
customer shall now assign to us all claims amounting
to the purchase price (including VAT) agreed between
our company and the customer, which accrue to the
customer through resale of the goods, i.e. irrespective
of whether the delivery items are resold without processing
or after processing. The customer shall be empowered to collect
this claim after its assignment. Our authority to personally
collect the claims shall not be affected as long as the
customer duly complies with his payment obligations and is not in default of payment.
If this is the case, however, we may request the customer to
stipulate the assigned claims and their debtors, provide all the
information required for collection, hand over the related documents
and inform the debtors (third parties) about assignment.
(3) We shall reserve the right to withdraw from the
contract or terminate our obligation to perform if we
become aware of a currently existing or future poor financial
situation of the customer.
(1) Warranty claims by the customer shall presuppose
that he has duly complied with his obligation to inspect
the goods and notify defects in accordance with § 377
of the German Commercial Code (HGB).
(2) Defect claims by the customer shall become statutebarred
in 12 months after acceptance of the delivery
item. The above provisions shall not apply if longer
periods are legally prescribed in § 438 (1) No. 2, § 479
(1) and § 634a (1) of the German Civil Code (BGB). Our
permission shall be obtained before goods are returned
at any time.
(3) If, despite all care being taken by our company, the
delivered goods contain a defect which already existed
at the time that risk was passed, we shall have the
choice of either reworking the goods or delivering replacement
goods subject to receiving notifi cation of the
defect in good time. We shall always be given the opportunity
to effect supplementary performance within a
reasonable period of time. Recourse claims shall remain
unaffected by the above provision without restriction.
(4) If we are unable to rectify a defect covered by our
warranty obligation or if additional rework attempts are
unreasonable for the customer, the customer may request
– irrespective of any compensation claims – withdrawal
from the contract or a reduction in the purchase
price instead of rework.
(5) Defect claims shall not arise if there is only a slight
deviation from the agreed state of the goods or if their
usability is only slightly impaired. Defect claims shall
also not arise in the case of natural wear or tear and
with damage which occurs after passing of risk due to
incorrect or negligent handling, excessive force or special
external infl uences which are not covered by the
(6) Claims by the customer in connection with expenses
required for the purpose of supplementary performance,
especially transport costs, travelling expenses,
labour costs or material costs, shall be excluded if the
expenses increase because the goods supplied by our
company were brought later to a place other than the
customer‘s branch, unless the movement of the goods
corresponds to their intended use.
(7) Recourse claims by the customer against our company
shall only arise if the customer has not concluded
any agreements over and beyond legally compelling
defect claims with his customer. Subparagraph 6 shall
apply analogously to the amount of the customer‘s recourse
(8) Unless the claims relate to death, physical injury
or damage to health, our liability shall only extend to
cases of intent and gross negligence. This provision
shall also apply to compensation claims for damages in
tort and to actions by our subcontractors and vicarious
VII. Place of performance and place of jurisdiction
The place of performance and place of jurisdiction for
all participating contracting parties shall be Remscheid.
Ger-man law shall apply to the exclusion of the UN
Convention on the International Sale of Goods, even if
the customer‘s head offi ce is outside Germany.
If individual clauses of these General Terms and Conditions
are or become invalid, or if they contain a loophole,
the validity of the other clauses shall not be affected.