General Terms & Conditions (GT&C) BPS REICHEL
1. The following conditions apply to all proposals and agreements, and are also valid for offers, orders, deliveries as well as sales against cash. Differing terms and conditions from contract partners will not be content of offers, orders or contracts. Supplementary agreements are only binding if they are approved in written form (via postal mail).
2. Offers from BPS Reichel are always without obligation. Eventual errors and misprints are always reserved. All public prices are effective at the official business of BPS Reichel in Rüsselsheim. Only those prices with the latest date of publication on the website of BPS Reichel (www.bps-reichel.de) are valid. Shipment costs are covered by the buyer.
3. Any article prices are calculated as net prices in Euro. All services refer only to the direct offer. All following costs for assembly or eventual demounting, as well as all connected extra costs of ordered goods (e.g. in case of guarantee or comparable) are covered by the buyer.
4. Eventual interest due to other defaults, in consequence of back posting of a transferred invoice amount in case of non-deliverablility or cancellation, are excluded. Shipment of bulk freight is only possibly with advance payment.
5. Invoices are to be paid within 14 days upon receipt with 2% cash discount or 30 days without cash discount by the orderer. A variation hereof is only possible by special agreement in written form. Default of payment occurs without further dunning letter in case of non-contractual payment. Payments of the buyer can be accounted for the time being by BPS Reichel against older outstanding payments. In case of late payment BPS Reichel raises interest on debt as customary in banking or the legal default interest (5% above the actual rate of discount of the Deutsche Bundesbank).
6. Delivery dates are determined by the producer and cannot be mandatorily fixed. BPS Reichel is not oblieged to deliver in case of a prevendor being unable to deliver through special circumstances (bankruptcy, changes of delivery program, closure of business etc.). The delivery time prolongs to an adequate extent in case of force majeure or other unforseeable circumstances (e.g. power supply shortages, strikes, absence of transport, governmental influence etc.) that make a delivery on due date impossible. The buyer as well as BPS Reichel are entitled to resign from the contract should the delivery be more than 3 months over due date, except if the late delivery was pointed out before. Damage claims of the orderer caused by late delivery or abolition of the delivery commitment are excluded. If the delivery of the contract goods gets into default due to reasons in the area of responsibility of the orderer, BPS Reichel is entitled to dispose of the goods otherwise and prolong the delivery time for the orderer. Costs for denial of acceptance are charged to the buyer including up-following costs. The goods are to be checked upon receipt for visible damages and completeness. Declaration therof has to be received by BPS Reichel within 48 hours of receipt. Damages from transport have to be acknowledged by the delivery agent to claim them before the transit insurance. Later reclamations of damages can only be accepted within warranty´s scope. Costs for returns are covered in any case by the buyer.
7. Shipment of goods occurs on account and risk of the orderer. Special transit insurance for consignment of goods has to be previously fixed in written form on account of the customer. If no separate agreement has been made, solely the insurance of the delivery agent is held liable in case of damages.
8. The defects liability of BPS Reichel complies with actual legal by-law. BPS Reichel is only liable in case of deliberacy or culpable negligence.
9. BPS Reichel is not manufacturer of the ordered goods. In case of claims due to the product liability act we will inform about name and address of the respective manufacturer on request.
10. BPS Reichel reserves the proprietary rights on all goods until every claim of the business relationship has been balanced. The orderer is only entitled to resell in proper business operations against payment or reservation of proprietary rights. The customer respectively orderer may not bond goods subject to retention of title or security transfer. The orderer has to inform third parties of those property rights of BPS Reichel. The enforcement of the claim to issue the goods subject to retention of title does not apply as cancellation of the contract. The repossession requires no special demand note or deadline and includes no concludent redhibitory action or letter of resignation. The effectiveness of the contract of purchase keeps unviolated. As far as legally permitted, claims beyond the aforementioned claims of the orderer against BPS Reichel are excluded, especially cases of compensation for damages that directly result from non-delivery of goods, as well as for lack of a warranted characteristic. In case of lack of a characteristic the orderer is only entitled to cancel the contract.
11. The integration of goods ordered from BPS Reichel has to be carried out professionally. In case of claims under guarantee an corresponding proof (e.g. construction bill) can be demanded.
12. We deliver only while stock lasts. In case of non-availability the orderer will be informed immediately via fax or e-mail. Possible provided payments will be compensated immediately to the orderer.
13. As far as legally possible, the place of jurisdiction is Rüsselsheim.
Date of the GT&C: 22. Juni 2005
Zum Büttelacker 11
Tel.: 06142 301966
Fax: 06142 301967