General delivery and payment conditions of FLEXIKABEL
§ 1 Applicability of Terms of Delivery & Service
- The following Terms of Delivery & Service apply to all deliveries made to and services
performed for business by FLEXIKABEL of companies. All present and future legal relations between FLEXIKABEL and the business partner are governed by FLEXIKABEL Terms of Sale in the currently applicable form.
- Where framework agreements have been concluded between the parties, these take precedence.
They are augmented, unless specific arrangements have been made by these Terms of Delivery & Service.
§ 2 Formation of contract / Quotations
- Orders and supply contracts together with any warranties require written acknowledgement by FLEXIKABEL.
This written form requirement may only be waived by written agreement.
- Quotations given by FLEXIKABEL are without engagement.
§ 3 Prices and payment conditions
- Deliveries and services are supplied at the prices and on the terms contained in the supply contract/ quotation and/ or FLEXIKABEL´s order acknowledgement.
The prices quoted therein are binding.
- Prices quoted are from the supplying company´s place of business and depot.
In addition tot he agreed prices FLEXIKABEL is entitled to charge metal surcharges.
The basis of calculating this is the published stock exchange quotation for German Electrolytic Copper for Conducting Purposes (DEL) on the day preceding the order receipt date plus 1 % for metal supply costs.
The selling price increases or decreases by the difference between copper base and DEL quotation.
The prices for wires from FLEXIKABEL include a copper base of € 150.00 per 100 kg copper, unless different values are cited with the quoted price.
The price base for metal articles made of brass is the quoted metal price of € 150.00.
Where other matals are used (e.g. aluminium, silver, etc), charging is analogous to that for the price of copper. The figures given in the quotation and metal/raw- metal prices are the starting point.
- The price includes the non-returnable drum provided by our supplier for transport purposes.
§ 4 Delivery conditions
- Agreed delivery or service dates are without engagement unless there is express contrary stipulation in the writting or acknoledgement/ call- off/ quotation/ contract.
- The delivery period starts on dispatch of the order, packing list and invoice but not before the items, documents, approvals, relases to be furnished by the PURCHASER have in fact been furnished or before a stipulated payment has been received.
The delivery period has been complied with if, by the time it ends, the goods to be supplied have left the factory or dispach- readiness has been notified.
§ 5 Passing of risk and acceptance
- The risk passes to the customer at the latest when the parts for delivery are dispach- ready at FLEXIKABEL´s suppliers warehouse (INCOTERMS: EX WORKS).
In the case of free delivery to a specified handover point (INCOTERMS: FOB) the risk passes on delivery there, even if the customer is not prepared to receive the goods there (Sea- or Airport).
- If shipment is delayed due to circumstances for which the customer is responsible, the risk passes to the customer from the date of dispach-readiness; FLEXIKABEL is, however, obliged at the customers request an expenses to effect the insurances requested by him.
§ 6 Reservation of ownership
All goods are supplied subject to reservation of ownership.
Delivered goods remain the property of FLEXIKABEL until the price/ charges and all other debts due to customer.
§ 7 Place of performance and legal venue
The place of performance for the supply of goods and provision of services and the legal venue for all liabilities and/or disputes arising from the contractual relationship is our supplier.
FLEXIKABEL is optionally also entitled to bring an action at the FLEXIKABEL principal place of business or at the place of performance.
§ 8 Written form
Collateral arrangements are effective only if agreed in writing. The written form is required for amentdments and/or additions. This also applies to the waiving of the written form.
§ 9 Severability clause
- Should a provision in these terms to be or become void or should there be an commitions therein, the validity of the remaining provisions is uneffected.
- A void provision is then replaced by agreement with a valid one approxemating most close to the parties intension.