General Terms and Conditions of Sale of Lindemann Silikon GmbH & Co.KG
Version: July 2023
Our deliveries and services are performed exclusively on the basis of these General Terms and Conditions of Sale. Conflicting or differing terms of the buyer are not recognised unless we have expressly agreed to their validity in writing. Our terms of sale shall also apply when we, with knowledge of conflicting or differing terms of the buyer, carry out the delivery to the buyer without reservation.
Our offers are non-binding. Technical information in brochures, catalogs and other documents as well as the presentation of samples and specimens are only binding warranted properties if expressly confirmed in writing.
Prices are quoted in EUR ex works plus packaging and the applicable statutory VAT. The prices in effect on the day of delivery shall apply.
Invoices are payable net within 30 days. In the event of late payment, interest is charged at the customary bank overdraft rate, but at least 8 percentage points above the base rate. We reserve the right, if the payment claim is at risk, to require advance payment, suspend deliveries or prohibit further processing of goods subject to retention of title.
Delivery periods are met if the goods have left our works or readiness for dispatch has been notified before the period expires. In the event of industrial action, in particular strikes and lockouts, as well as on the occurrence of unforeseen obstacles beyond our control, the periods shall be extended accordingly.
The delivered goods remain our property until all claims arising from the business relationship have been settled. The buyer may resell goods subject to retention of title in the ordinary course of business; he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) that accrue to him from the resale against his customers or third parties.
Risk passes to the buyer upon handover of the goods to the forwarder, carrier or other third party designated to carry out the dispatch. Partial deliveries are permitted. For dimensional and other tolerances, DIN ISO 3302-1 E2 applies unless otherwise agreed.
In the case of a justified, prompt notice of defects, we may at our discretion remedy the defect or deliver a defect-free item. The buyer must grant us a reasonable period for subsequent performance. If subsequent performance fails, the buyer may, at his choice, demand a reduction of the remuneration (price reduction) or rescission of the contract (withdrawal).
Claims for damages by the buyer are excluded unless otherwise specified below. The foregoing exclusion of liability also applies in favor of our employees, representatives and vicarious agents. Insofar as liability for damages not based on injury to the buyer’s life, body or health is not excluded for ordinary negligence, such claims shall become time-barred within one year after delivery of the goods.
For parts manufactured according to drawings, models or other information provided by the buyer, the buyer assumes liability that no third-party industrial property rights are infringed by the manufacture and delivery. We reserve all property and copyright in our designs, drawings and other documents.
The costs for sample parts and tools are borne by the buyer. Tools and molds are kept by us for at least two years after last use; thereafter they may be destroyed without prior notice.
The law of the Federal Republic of Germany applies exclusively. The place of jurisdiction for all disputes arising out of or in connection with this contract is Helmstedt.
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