Terms & Conditions

  1. General, Area of Application
    1. We supply solely in accordance with the following conditions. Customers' conditions are valid only if in accordance with our conditions or if we have expressly agreed to their validity in writing. Our sales conditions also apply when we carry out the delivery without reservation even though we have knowledge of the customer's conditions being contrary to our sales conditions.
    2. These conditions apply exclusively for business establishments.
    3. These conditions also apply for future contracts, even when not being submitted again separately.
  2. Quotation

    If not specifically agreed to otherwise, or if the delivery has already been carried out, our quotations are subject to change without prior notice.

  3. Prices

    Our prices are ex works plus applicable VAT (sales tax). Cost for packaging and insurance are not included in the price.

  4. Delivery / Passing of Risk
    1. If according to the contract carriage paid transport is agreed this only applies for the normally accepted means of delivery and transport. Additional or special costs, such as express delivery or forwarding costs, are to be borne by the purchaser. In cases of truck delivery free destination or free construction site, the costs for offloading are to be borne by the purchaser.
    2. As soon as the goods have left our works all risks are passed to the purchaser. The goods are not insured. Upon written order from the customer, the goods may be insured at his expense.
    3. In case we are not able to meet confirmed delivery dates for reasons that are beyond our influence (non-availability of performance), we will inform the purchaser of this immediately and simultaneously inform about the expected new delivery date. In case the performance is not available within the new period for delivery, we shall have the right to rescind all or part of the contract; payments already made by the purchaser, will be refunded immediately. Cases of non-availability of performance in that sense are in particular delayed deliveries to ourselves by our suppliers if we have concluded a congruent covering transaction, that are beyond our or our suppliers influence or if we are in individual cases not obliged to procurement.
  5. Partial Performance

    We reserve the right of partial performance if and to the extent that the partial performance is not unreasonable to the purchaser; possible rights of the purchaser will not be affected. Reasonable deviations from ordered quantities up to plus/minus 10% from the ordered quantity are permissible.

  6. Payments
    1. Our invoices are payable within 10 days of invoice date, minus 2% discount, or within 30 days net. Deduction of discounts are not permitted if previous invoices are yet unpaid. Payment is considered made when the invoice amount is credited to our bank account.
    2. We are not obliged to accept cheques or bills of exchange. Acceptance thereof shall be on account of performance and according to our banks' acceptance of bills for discount as well as against reimbursement of all charges.
    3. In the case of default we may claim a minimum handling fee of € 10,00 unless the purchaser proves that no or only negligible damage has occurred. We reserve the right to claim higher indemnification.
  7. Reservation of Title
    1. The goods remain our property until complete settlement of all outstanding claims against the purchase.
    2. If the goods are inseparably mixed with items not belonging to us, we thereby gain the co-ownership of the new items in proportion of the value of the goods to the other mixed item at the time of mixing. If the mixing is carried out such that the purchaser's item represents the main portion, it is agreed that the purchaser transfers proportional co-ownership to us. The purchaser stores the thus created sole property or co-ownership for us. This arrangement applies likewise for cases of combinations.
    3. The purchaser is entitled to sell the goods under reservation of title within accepted business practices; this right expires when the purchaser is in delay of payments or if he has arranged non-assignability with his customers.
    4. In case the purchaser sells the goods or mixes, combines or processes them with other items he herewith already assigns to us all thereby created claims against his customer at the full value, also if such claims contain payments for labour; with all auxiliary rights, particularly securities, limited however to maximum 110% of our outstanding claims. We accept this assignment. The purchaser is obliged to disclose the assignment upon request and to submit the required information and papers. The pre-assignment also applies to the debit balance from a current account arrangement if the purchaser has agreed to such current account arrangements with his contractual partners.
    5. The purchaser is revocably entitled to recover the claim assigned to us, provided that he is not in delay with his payments to us.
    6. Upon the purchaser's request we commit ourselves to release the securities entitled to us insofar as the value of the securities exceed the claims to be secured by 10%. We reserve the right to choose the securities to be released.
  8. Warranty
    1. Warranty claims of the purchaser, who is a businessman, are under the proviso that he has fulfilled the duties of examination and complaint to which he is obliged under § 377 HGB (German Trade Laws). The notice of defects must be filed in writing, by stating the relevant product, the type of defect, the damage filing number, the day of delivery and the object in which the product was planned to be incorporated.
    2. We do not accept any warranty for damages caused by improper or instruction adverse use, processing, application of unsuitable additives or mixtures, combinations or other connections with products of other manufacturers which we have not expressly declared as being safe.
    3. If, in accordance with the above conditions, we are obliged to warranty, we are entitled to choose the type of compliance, either replacement delivery or correction of defect. If the defect correction fails, the purchaser may choose to either withdraw from the contract or reduce the payment.
    4. The limitation period for warranty claims is 12 months, staring from the passing of risk.
  9. Tolerances

    The dimensional tolerances of Permaflex® magnets are given in our quotations upon request. If not otherwise agreed upon

    • width deviations of +/- 0,5mm for extruded Permaflex® strips
    • width deviations of +/- 5 mm for magnetic foils
    • foil and strip thickness deviations with +/- 0,1 mm
      are being considered accepted.

    Tolerances in case of cuttings from magnetic foil: +/- 1mm, hard ferrite tolerances, if not stated otherwise according to DIN IEC60404-8-1.

  10. Return of Goods

    We will not accept returned goods without prior agreement. We are not obliged to accept returned goods, unless their return is covered by the above conditions.

  11. Counterclaims/Right of Retention/Exception of Unfulfilled Contract

    The purchaser's counterclaim and assertion of the right of retention are excluded, unless the claim to be set off is undisputed or legally ascertained.

  12. Liability Limitation
    1. Unless otherwise resulting from these provisions, including the following provisions, we shall be liable according to respective legal regulations for any breach of contract and non-contractual obligation.
    2. We shall be liable for damages - on whatever legal grounds - for intent and culpable negligence. In case of slight negligence, we shall only be liable for
      1. damages to life, body or health,
      2. damages due to a breach of contract (obligations that generally ensure the proper enforcement of the contract and on compliance of which the contractor regularly relies and may rely); in this case our liability is restricted to the replacement of the foreseeable, typically occurring damage.
    3. Limitations of liability according to 12.2 above do not apply if we maliciously concealed a deficiency or given a guarantee on the condition of goods. The same applies to claims of the purchaser under the Product Liability Act.
  13. Conclusive Terms
    1. In the event that one of the above provisions becomes invalid or unenforceable or a gap becomes evident in the enforcement of these General Sales Conditions the effectiveness of the other terms shall not be affected. For any ineffective or unenforceable term or for filling a gap a statutory rule shall be applied closest to what the parties had economically intended with the present terms.
    2. Place of performance is Neunkirchen-Seelscheid.
    3. Place of jurisdiction for all legal disputes (also legal action for bills and cheques) arising from these terms and conditions shall be our company's place in Neunkirchen-Seelscheid if the purchaser is a businessman, a corporate body of public law, or public special property. However, we can also sue the purchaser at his/her/its general place of jurisdiction.
    4. The legal relationship between the purchaser and us shall be governed and construed by the Law of the Federal Republic of Germany.


RHEINMAGNET
03/12

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