Nanotec Electronic GmbH & Co KG
Terms and Conditions of Sale and Delivery of Nanotec Electronic GmbH
§ 1 Ranges of Application
1.1 Our terms and conditions of sale and delivery are exclusively valid, we do not accept any contradictory or deviating ordering terms and conditions of the buyer, unless they were expressly confirmed by us in writing. Our terms and conditions of sale and delivery are also valid if we carry out the delivery to the buyer without reservations and if we are aware of any contradictory or deviating conditions of the buyer.
1.2 All agreements made between us and the buyer for the purpose of the execution of this contract must be made in writing in this contract.
1.3 Our terms and conditions of sale also apply for all future transactions with the buyer.
§ 2 Quotation and Order
2.1 Our quotations are subject to change. Binding contracts of delivery will only be concluded through our confirmation of order unless a written contract has been concluded. If the order is to be qualified as a quotation according to § 145 BGB we can accept it within four weeks. All additional agreements and promises will not be effective unless included in the confirmation of order and/or confirmed in writing. Should the value added tax not be separately identified in the quotations, the price quoted shall be plus legal value added tax.
2.2 Orders which are to be carried out at the same working day at which they arrive at Nanotec must have arrived at Nanotec by 1.00 a.m. at the latest. Nanotec retains the right to adequately extend the delivery period of large orders for individual products.
2.3 Written orders which repeat a previous telephone order without expressly pointing out the repletion are considered to be a further order.
2.4 In case of writing, printing and calculation errors in the catalogue, quotation, on the Internet or inadequate creditworthiness of the buyer, Nanotec retains the right to withdraw from the contract. In such cases, the buyer has no claim for damages.
2.5 All photos, drawings, weight, measurement, performance or other constructional data in the catalogue, quotation and on the Internet are only binding as far as it has been expressly agreed upon. Nanotec retains the right of changes and deviations. The customer is solely responsible for the use intended by him for the ordered items.
2.6 Nanotec retains the right to agree the delivery period of large quantities separately.
§ 3 Prices and Terms and Conditions of Payment
3.1 All prices are quoted in Euro. Unless agreed upon otherwise, the prices are ex works plus dispatch and packing costs and plus value added tax in the actually valid legal height.
3.2 Nanotec retains the right to increase catalogue, quotation or Internet prices adequately if, after publication of the catalogue, quotation and Internet, price increases, in particular due to collective wage agreements, increase in material prices or currency fluctuations. These increases will be verified to the buyer on demand.
3.3 Unless agreed otherwise, the purchase price is to be paid net (without any deductions) within thirty days from the date of invoice or within ten days with 2 % cash discount. If the buyer is in delay with payment, Nanotec will be entitled to claim default interest for delayed payment in the amount of 4 % above the respective discount rate of the Deutsche Bundesbank p.a. If Nanotec verifiably incurs higher costs, Nanotec will be entitled to claim these.
3.4 The retention of payments or the setting off of any counterclaims of the buyer disputed by Nanotec are not admissible.
3.5 If after the conclusion of the contracts a considerable deterioration of the financial circumstances of the buyer occurs or if Nanotec is informed of a previous deterioration of the financial circumstances after the conclusion of the contract, Nanotec will be entitled to demand either payment in advance or a security payment at its discretion. In case of new customers, Nanotec retains the right of delivery against cash on delivery or payment in advance.
§ 4 Delivery
4.1 Unless agreed otherwise, delivery is ex warehouse Landsham. The risk will be transferred to the buyer as soon as the consignment left the works of Nanotec, also in the case of partial deliveries.
4.2 Information on the period of the delivery is non-binding, unless the date of delivery has been bindingly agreed. § 2.1 of these terms and conditions of sale and delivery remain unaffected.
4.3 If the buyer grants Nanotec an adequate extension with threat of rejection after Nanotec has already been in delay, the buyer will be entitled to withdraw from the contract after the futile expiry of this extension. The buyer will only be entitled to claims for damages due to of non-fulfilment up to the amount of the predictable damage, if the delay is due to intent or gross negligence. Moreover, the liability for damage is restricted to 50 % of the damage incurred.
4.4 If Nanotec is in delay of delivery for reasons for which Nanotec is responsible, the buyer will be entitled to demand a generalised compensation for delay in the amount of .5 % of the net good value for each complete week of delay, at maximum 5 % of the net value for the goods.
§ 5 Outline Supply Contracts
5.1 If an outline supply agreement has been concluded, the buyer?s period of acceptance is 12 months from the day of confirmation of the order unless any deviating written agreement has been made. The outline supply agreement is accordingly scheduled for a period of 12 months from the acceptance of the first partial delivery based on the partial quantities resulting from this. After the expiry of the period of acceptance, Nanotec will be entitled to invoice the remaining goods at their discretion or to claim damages for the delay of acceptance from the buyer. The amount of damages is in general 25 % of the order value unless the buyer can prove a lower damage or Nantoc a higher damage.
5.2 Unless agreed otherwise, Nanotec will be entitled to pass on increases in material and wage costs to the buyer, if the outline supply agreement exceeds a handling period of 12 months.
5.3. If the buyer states a binding date of delivery to Nanotec, he has to adhere to this date. If the buyer defers the stated binding date more than once, Nanotec has to be compensated for the resulting additional expenses with 50,- Euro flat per deferral.
§ 6 Retention of Title
6.1 The goods delivered remain the property of Nanotec until the buyer has paid all outstanding amounts which Nanotec has now or in future.
