Shank-mounted tools in HS and STC
for machining wood, UPVC and aluminium


Alphabetical or numerical product list

General Terms and Conditions

GTCT

1 General Terms and Conditions of Contract
1.1 The acceptance and performance of orders are subject to our Business Terms and Conditions set forth below. Deviations must be agreed upon in writing. Unless the wording of the offer indicates differently, our offers are non-binding and subject to change.
1.2 Our Business Terms and Conditions are deemed acknowledged when an order is issued or a delivery accepted. Similarly, they are deemed acknowledged if order confirmations are not objected to.
1.3 Deviating business terms and conditions of the customer are not binding on us, including where we do not expressly object to them.
1.4 The customer grants us the right to rescind the contract if order performance is impossible as a result of force majeure, strikes, lock-outs, or similar unforeseen events.
1.5 The customer is liable for the accuracy of the documents provided to us, such as drawings, samples, etc.
1.6 Absent our express consent, our documents, such as drawings, samples, etc., may not be made accessible to others. Our express approval is required in order to reprint the content of the catalogue, including excerpts thereof.
1.7 For items offered or promised for delivery from the warehouse, we reserve the ability to make prior sales to others.
1.8 In the event that individual sections of the Business Terms and Conditions are ineffective, or if same are superseded by other agreements, the remaining contractual content remains unaffected thereby and is binding.
1.9 When new price documentation is issued, previous price lists, offers, etc. are no longer valid.
  
2 Prices
2.1 Unless other agreements were made for a certain delivery, the applicable deliver prices are those on the date of delivery.
2.2 Unless differently worded agreements were made, prices are in € (EUR), net of value-added tax, ex works and excluding packaging. Value-added tax is based on the tax law on the date of delivery. For small orders, a variable surcharge of up to € 30,00 net order value is charged per order.
2.3 Prices are applicable only for the specified normal performance. Deviations in terms of nature, construction, or sizes constitute custom-made products and are charged according to our determinations, including without express designation. Where follow-on orders are placed for custom-made products, no claim can be asserted for previous prices.
2.4 Modifications, special requests and cancellations that are made after contract conclusion may be separately charged in the amount of the incurred costs.
2.5 The customer bears any added costs for express shipment, insurance, etc. where it issued such special instructions.
  
3 Delivery
3.1 Details concerning delivery times are non-binding. Delivery dates are set by us with the requisite care. They are set by taking into consideration the foreseeable production processes on such date.
3.2 Delivery times begin to run on the date of order confirmation.
3.3 The delivery deadline is extended if unforeseen impediments occur (operational interruptions, delay in delivery by our input suppliers, etc.) that were unable to be avoided despite efforts.
3.4 If the scheduled delivery time, including where extended pursuant to 3.3, is exceeded by more than two months, the customer has the right to rescind the contract after setting a grace period of four weeks.
3.5 Unless expressly agreed otherwise, the customer declares that it is in agreement with partial deliveries and, in the case of custom-made products, with reasonable under- and over-deliveries. Each partial delivery is considered a separate transaction within the meaning of the Business Terms and Conditions.
3.6 Order cancellations and accruals require our written consent. Incurred costs must be reimbursed by the ordering party. Tools may be returned only with our consent. Custom-made products are not taken back. In the case of self-caused returns for credit, a processing fee of € 10,00 per item is charged.
3.7 Shipments are generally dispatched at the customer’s risk and expense.
  
4 Payment terms
4.1 Our invoices are due and payable within 30 days, net. Repairs are immediately due and payable without deduction.
4.2 Cheques and bills of exchange are accepted in lieu of payment, but they do not constitute payment until collection. Discounts and collection fees are for the buyer’s account and are immediately due and payable.
4.3 In the case of default in payment, we are entitled to charge incurred costs and customary bank interest.
4.4 If the customer is in default in payment, we are entitled to withhold outstanding deliveries or to make same against prepayment or cash on delivery. Promised delivery dates may be extended accordingly.
4.5 The buyer may not withhold payments or offset contested counter-claims.
  
5 Warranty • Liability • Objections to defects
5.1 We guarantee the delivery of flawless tools, proper performance and steel quality according to the catalogue description. Because of technical progress, we must make reservations for deviations in images, drawings, etc.
5.2 Technical changes and deviations from the catalogue description, image, etc. give the right to complaints only if they constitute an obstacle to the contract purpose. The same also applies to flaws that do not interfere with the intended use of a good.
5.3 Objections must be made within one week of receipt of the goods. The reason for the objection must be described in detail. In the case of flaws that are not immediately discernible, written notice must be given promptly after they become discernible.
5.4 We are not liable for latent defects (e. g. material flaws, etc.) or for defects caused by wear and tear, excessive use, improper handling, unauthorised changes, or improper maintenance.
5.5 For justified objections to defects, we reserve the right to cure or make replacement delivery. Claims of any nature for compensation of damages, including consequential damages, are precluded, other in cases of gross negligence on our part.
  
6 Retention of title
6.1 The customer’s right to use the goods or to sell them in the normal of course of business lapses with the suspension of payments. If the customer is in default in payment, we may revoke this right with respect to the unpaid goods. The purchaser is not permitted to pledge the delivered goods or to assign them for the purposes of security. We must be immediately notified in the event of liens or seizures by a third party. In the event that a good is resold, the purchaser thereupon assigns its claim to us against the acquirer in the amount of the invoice (extended retention of title).
  
7 Place of performance • Place of jurisdiction
7.1 D-73432 Aalen-Niesitz is the place of performance for delivery and payment. The place of jurisdiction is the one with statutory competence over us. Under given circumstances, we reserve the ability to bring suit at the customer’s place of jurisdiction. All legal relationships are subject exclusively to German law.