Terms & ConditionsOur Terms and Conditions of Payment and Supply

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1. The following Terms and Conditions of Payment and Supply shall apply to all orders. Any deviations from these Terms and Conditions must be agreed in writing.
   
   
2. Our quotations are subject to change without notice. Orders, together with verbal arrangements of whatsoever nature, will not be deemed accepted until we in writing and in a legally binding form have confirmed them. The customer's Terms and Conditions of Purchase shall not commit us in any way, even if we do not expressly contradict them.
   
   
3. Illustrations, drawings, measurements and weights, even where they are incorporated in brochures, price lists and other printed matter, shall be non-binding. We reserve the right to make changes. We retain copyright and title in respect of cost estimates, drawings and other documents. They may not be made accessible to third parties; this does not apply to customers who sell our products on by way of business or trade, either in their own name and for their own or for a third party account. Drawings and other documents pertaining to quotations must be handed back on request without delay or if the contract is not awarded to the supplier.
   
   In the case of contracts relating to the fabrication of parts in accordance with a sample or drawings a margin of around 5% of the quantity is reserved. For contracts of this type, a reference sample will, on request, be submitted for appraisal prior to commencement of volume production.
   
   If tolerances or DIN standards are not indicated in contract drawings, the standard ones applicable in our plant shall apply.
   
   Unless otherwise agreed, special tools for performance of these contracts will be invoiced at cost and shall remain our property. Following performance of the contract the tools - unless otherwise agreed - will be stored at our premises for one year without our assuming any obligation or liability. On expiry of this period the tools will be destroyed.
   
   
4. Prices are in Euros and are applicable ex-works Weilheim i. OB, excluding packaging, unless other arrangements have been agreed in writing.
   
   The agreed prices are net prices. Prices will be fixed, if this has been specifically agreed, otherwise they will remain fixed if, up to the date when we issue our invoice, no material change has occurred in the price of raw materials and the wage rates applicable to our company. The following are regarded as material changes: if, by the specified date, raw materials prices increase or fall by more than 2% and/or the average wage rates applicable to our company increase or fall by more than 2 %.
   Prices are only valid if the construction features, as described in our quotation / order confirmation, is maintained. Should prior to or during the production process, additional charges or charges in respect of modifications be incurred, then these will be notified to the customer for examination and confirmation by him.
   
   Should delivery have already been wholly or partially completed by us prior to the invoice being issued, the relevant delivery date for the above sales shall apply instead of the date when the invoice is issued.
   
   
5. The packaging costs will be for the account of the customer. Cases, baskets and similar packaging will be taken back at 4/5ths of the invoiced price if they are sent back to us within 4 weeks in good condition with the full complement of packaging material and free of all charges.
   
   
6. Delivery is made at customer's risk, even where delivery carriage paid is agreed. If no specifications are made in respect of shipment, we will use our best judgment to decide on the most suitable method of carriage for the goods but without assuming responsibility. As regards invoicing, the weights and quantities established at the time of shipment shall prevail.
   
   In the event of losses, any confusion or damage during transport there shall be no obligation to effect a replacement delivery. Any damage which the goods may have sustained en route shall not entitle the customer, even in the case of group consignments, to any claim for loss of profit or compensation in respect of costs arising from taking the faulty items apart, putting them together again, processing or repairing them, or to cancel the order.
   
   
7. The delivery dates are non-binding and will be adhered to by us to the best of our ability. The delivery period shall commence on the day on which all details relating to construction are clarified and the contracting parties are in agreement on all the Terms and Conditions of Business. The delivery period relates to completion of the order at the factory. Unexpected incidents, which lie outside our volition, such as instances of force majeure, breakdowns of any nature, stoppage of work, lockout, late receipt of materials etc. at our premises or those of our suppliers, will extend the delivery period correspondingly.
   
   
8. Manufacture will take place in accordance with the current state of technology. The materials are selected in a suitable manner in accordance with the applicable DIN Standards and the carrying capability required in the specifications is guaranteed by means of appropriate dimensioning.
   
   As regards items made to order based on the specifications of the customer, manufacture will take place in accordance with the acknowledged rules of technology, nevertheless, no liability whatsoever in respect of these items will be assumed by us in the event of accidents or any consequences which may emerge from such accidents. We will not accept liability for errors which result from the customer's specified documents and information (drawings, samples or the like).
   
   
9. Any defects, such as complaints relating to weight, quantity or quality of the goods, must be notified as soon as the discrepancy is established, at the latest 2 weeks after receipt of the goods. 6 months after delivery any liability in respect of hidden faults will also be excluded.
   
   In the event of any complaints, the customer must give us the opportunity to establish that these are justified. Complaints will not be entertained where modifications have been undertaken to the deliveries subject of the complaint without the agreement of the manufacturer. Likewise, no guarantee will be undertaken in respect of any repairs or alterations made to equipment.
   
   If replacement goods are supplied and the customer is still dissatisfied, he shall be entitled to demand a reduction in the purchase price or cancellation of the contract. Any further claims shall be ruled out. In the event of a proportion of the delivery being faulty, the customer may not derive any rights as regards the remainder.
   
   
10. In the absence of any agreements to the contrary, invoices shall be payable within 10 days of the date of the invoice at 2 % discount or 30 days after the date of invoice without deduction in cash.
    
    Tooling charges are payable immediately on delivery of the reference sample without deduction.
    
    Payments by bills of exchange require agreement prior to sale. Bills of exchange and cheques will be accepted only on account of payment. The costs of negotiation and collection shall be for the account of the customer. The customer shall be entitled to a right of offset only where a claim is undisputed or already established in law.
    
    The supplier shall be entitled, without prejudice to further claims, to require damages for delay in the amount of the usual minimum interest charges and commissions charged by the major banks.
    
    
11. We retain the right of title to the goods supplied by us and to any item which has emerged as a result of processing or machining on your part pending fulfilment of all claims to which we may be entitled now or in the future against the customer based on our business association. The customer shall be obliged to store and mark these goods separately.
    
    The customer on our behalf without our incurring any liabilities thereby shall undertake any processing or machining. Should the customer process reserved goods together with other goods, then we shall be entitled to joint ownership of the new items in the ratio of the value of the processed reserved goods to the other goods at the time of processing or machining. The customer shall transfer any proportion in joint ownership that may arise through connecting, commixture or compounding with other items immediately to us. The customer shall hold the items in safekeeping for us, exercising the diligence of a prudent businessman.
    
    The customer may dispose of the reserved goods only in the regular course of business and against cash payment or subject to transmission of our retention of property. Collateral assignments or any other provisions, which may jeopardise our rights, are not permitted.
    
    Any rights arising for the customer as a result of having disposed of the goods to a third party shall be immediately assigned to us by way of security in the amount of the value of the goods disposed of or of the proceeds of sale if this is less than the value of the goods. If the reserved goods are sold by the customer together with other goods, then the customer shall assign the purchase money claim for the reserved goods in the full amount or, in the event of prior processing or machining together with goods that do not belong to us, in the amount of the value of the processed reserved goods. If a sale of this nature is made at an all-inclusive price, then the customer shall assign the purchase money claim in the amount of the value of the reserved goods, which form the object of the said purchase.
    
    As long as the customer meets his obligations, such assignment shall be regarded as an undisclosed assignment and the customer will be authorised to recover the debt. The customer shall record the incoming amounts in relation to the assigned claims separately in his accounts and shall keep them separate.
    
    Should the value of the security exceed our claims by more than 20%, the customer shall be entitled to demand the release of the security. Any access by third parties to the reserved goods or the assigned claims must be pointed out to us immediately by the customer, at the same time passing on corresponding documentation. The customer shall be responsible for any intervention costs.
    
    The enforcement of retention of title and any claim for possession in accordance with these conditions shall not be deemed to be withdrawal from the contract.
    
    
12. Special technical conditions of supply for ladders and steps of all kinds.
    
    Manufacture is carried out based on the appropriate standards. Over and above this the provisions of the law relating to technical equipment (Safety of Machinery Act) dated 24.06.1968 apply.
    
    The same applies to the provisions of the Accident Prevention Regulations for Ladders and Steps VBG 74 including implementation clauses and notes which are issued by the trade associations to the extent that the manufacturer is thereby placed under obligation.
    
    We carry out tests within the framework of our internal quality controls. In general, no certificates will be issued in respect of these. If an agent commissioned by the customer carries out an additional test, then the following agreements must be reached at the point of enquiry and on award of the contract:
    a) Name of the agent,
    b) Type of test to be carried out,
    c) Number of samples (guide values may be given here)
    d) Any further requirements.
    
    The respective agent will issue an acceptance certificate. Where costs arise as a result of special acceptance tests and static calculations, these will be charged to the customer.
    
    Ladders, steps and similar products must be used in a manner which is appropriate to the purpose for which they are being employed and in accordance with the instructions for use, where applicable. Any liability in respect of damage or accidents, which may result from non-customary usage, is ruled out. This also applies to consequential damage. The purchasers or users shall observe the Accident Prevention Standards of the trade associations together with the implementation clauses and notes published thereto.
    
    
13. The place of fulfilment for delivery and payment as well as the place of jurisdiction is Weilheim i. Obb. The law of the Federal Republic of Germany shall apply.
    
    
14. The customer and the employer may transfer their rights under the contract to third parties only by mutual agreement.
    
    
15. The contract shall remain binding even in the event of invalidity in law of individual items of its provisions.
    
    PO Box Address:
    PO Box 16 30
    D-82360 Weilheim
    Germany
    Registry Court: Munich Commercial Register B 169642
    
    Company Address:
    Zargesstrasse 7
    D-82362 Weilheim
    Germany
    Registry Court: Munich Commercial Register B 169642
    ILN 40 03866 00000 5
    
    Directors:
    Reinhold Gunesch, Frank Haberstroh, Dieter Reis