1. Scope of application
These General Terms and Conditions for Contract Work shall apply exclusively to all contract work performed by us. Conflicting or supplementary general terms and conditions of the client shall not apply. This also applies if we do not expressly contradict conditions or fulfil our contractual obligations without reservation.
2. Necessary information
All workpieces handed over to us for processing must be accompanied by a delivery note. This must contain at least the following information:
- Designation of the parts, number of pieces, net weight and type of packaging.
- material quality
- desired processing
- desired test procedures
- other information or instructions necessary for the success of the processing.
If the required information is missing or incomplete or incorrect, we shall carry out the processing to the best of our ability.
3. Delivery time
Delivery periods begin on the date of our order confirmation. The delivery time is agreed only approximately and without obligation.
4. Transfer of risk
Unless otherwise stated in the order confirmation, the workpieces shall be delivered by the customer at his expense and risk and collected after completion. If this is deviated from at the instigation of the customer, the resulting costs shall be borne by the customer. In any case, the risk shall pass to the customer when the goods leave the factory.
5. Terms of payment
Unless otherwise stated, our prices are ex works excluding the costs of packaging. . This will be invoiced separately. The statutory value added tax is not included in our prices. It will be shown separately in the invoice at the statutory rate on the day of invoicing. The deduction of a discount requires a special written agreement. Purchase price payments are to be made within 30 days of receipt of the goods and the invoice in cash or by bank transfer. They shall be deemed to have been made from the date on which the amount is freely available to us. Other forms of payment require special written agreement. Any costs incurred by either party shall be borne by the customer. The customer shall only have a right of set-off or a right of retention if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he shall only be entitled to rights of retention insofar as they are based on the same contractual relationship.
The processing shall be carried out by us professionally and carefully. The customer shall inspect the processing immediately after delivery and notify us of any defects in writing without delay. If the customer fails to notify us, the processing shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect becomes apparent later, the notification must be made immediately after discovery, otherwise the processing shall be deemed to have been approved even in view of the defect. The notification of defects must be made in writing and must specifically describe the defect discovered. Should a notice of defect be justified, we shall, at our own discretion, remedy the defect or repeat the processing on the old or a corresponding new workpiece (subsequent performance). If the supplementary performance fails or is unreasonable for the customer, the customer may reduce the purchase price or withdraw from the contract. The customer shall have no further claims with the exception of the claims in clause 8 (liability). The customer is obliged to give us sufficient time and opportunity to remedy the defect. If we request the customer to do so, the customer shall immediately return samples or, at our discretion, the entire material complained about for inspection. The warranty period is one year from the passing of risk.
The customer may withdraw from the contract if the supplier is finally unable to perform. If the subsequent delivery or replacement delivery is not complied with despite a reasonable period of grace and a corresponding declaration of withdrawal, the customer shall be entitled to withdraw from the contract. In the event of unforeseen events, insofar as they significantly change the economic significance or the content of the performance or have a significant effect on the Supplier's operations, and in the event that it subsequently becomes apparent that performance is impossible, the contract shall be adjusted accordingly. If this is not economically justifiable, the Supplier shall be entitled to withdraw from the contract in whole or in part. In this case, the Purchaser shall not be entitled to claim damages. The supplier may in particular withdraw from the contract if material deviations in relation to the sample and/or the descriptions which were the basis of the order become apparent, in particular deviations from physical or chemical condition descriptions. This shall also apply in the event of unforeseeable deformations of the provided components due to existing residual stresses or those induced by the contractor.
We shall only be liable for damage if liability is mandatory under the applicable law, e.g. under the Product Liability Act or in cases of injury to life, limb or health, if an express guarantee has been given or if the occurrence of the damage is due to gross negligence or intent on our part. In all other cases, our liability is excluded, regardless of the legal basis. In any case, liability is limited to the damage that was reasonably foreseeable at the time of the conclusion of the contract on the basis of the circumstances and facts available to us and to the damage that typically arises in transactions of the type in question. The amount of liability is also limited to the value of the processing commissioned. This limitation shall not apply if liability is mandatory under the applicable law, e.g. under the ProduktHaftG (Product Liability Act) or in cases of injury to life, body or health, if an express guarantee has been assumed or if the occurrence of the damage is due to grossly negligent or intentional conduct on our part. Insofar as liability is excluded or limited, this shall also apply to the personal liability of our employees and vicarious agents.
If the customer is a registered trader, the exclusive place of jurisdiction is Stuttgart. We are, however, entitled to sue the customer at his place of business/establishment. Unless otherwise stated in the order confirmation, our registered office in Schorndorf shall be the place of performance, also for our payment obligations. The invalidity of individual provisions shall not affect the validity of the remaining provisions. In international business transactions with us, German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).