1. The following terms and conditions apply to the delivery of carbide and HSS tool systems, tool holders, measuring instruments, and the company's other sales program, unless otherwise agreed in writing, for all contracts, deliveries, and services. All offers are subject to change without notice. The obligation to deliver only arises after proper written confirmation of the order. Only euros (EURO) are accepted as payment.

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2. Unless otherwise agreed, prices are ex works, excluding packaging. They apply only to the quantity ordered and only to the design specified in the offer or order confirmation. If, contrary to the offer and inquiry, drawings, samples, fittings, or gauges are provided with the order that require more extensive processing than assumed in the offer and inquiry, the supplier reserves the right to increase prices. Prices do not include VAT. In the event of agreed order cancellations or reductions, any costs already incurred will be invoiced. Any material already procured and released must be purchased by the customer. By paying a share of the tooling costs, the customer does not acquire any right to the tools. These remain our property. The supplier reserves ownership and copyright to design drawings and other documents; they may not be made accessible to third parties.

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3. We reserve the right to withdraw from the delivery contract if circumstances arise in the meantime that cast doubt on the security of new claims against the customer. Such a circumstance will also be considered if information is received after receipt of the order that jeopardizes the granting of credit. 

 

4. In the event of defects, unless otherwise agreed, we grant a period of 12 months from the date of delivery. If the acceptance period has expired, we are entitled, at our discretion, to invoice the goods or cancel the order. For call-off orders, the goods are manufactured in one batch; after receipt of the first partial delivery, any changes to the originally ordered goods are excluded. 

 

5. Requested sample copies are taken from mass production at the start, so that after receipt of the samples, any changes to the originally ordered form are no longer possible. If the production of hand samples is requested before the start of mass production, these will be charged separately.

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6. We reserve the right to over- or under-deliver by +/- 10% of the order. 

 

7. Shipping is at the sole expense and risk of the customer. Without specific instructions for shipping, shipping will be carried out at our best discretion, but without obligation to use the cheapest freight. We generally take out transport insurance. 

 

8. The delivery period begins with the dispatch of the order confirmation, but not before the customer has provided the necessary documents, approvals, and releases, as well as before the receipt of an agreed down payment. The delivery period is deemed to have been met if the goods have left the supplier's factory at the agreed time. In the event of a delay, a reasonable grace period must be granted. If the grace period granted and accepted by us is not met in the event of a delay, the customer may withdraw from the contract. Claims for damages, including those for machine downtime, contractual penalties, etc., are excluded. Force majeure of any kind, war, machine breakdowns or other extraordinary hindering circumstances in our own business or that of the supplier shall entitle us to cancel the delivery obligations in whole or in part or to postpone the delivery times at our own discretion, without the customer being entitled to any claims for performance or compensation, withdrawal from the contract or cancellation of the order.

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9. Technical Requirements: Unless the inquiries and order documents contain specific specifications regarding the execution, the technical delivery conditions of DIN, version m (medium) shall be deemed agreed. The supplier is not liable for errors arising from documents submitted by the customer. 

 

10. Liability for Defects: Notwithstanding the provisions of Section 377 of the German Commercial Code (HGB), complaints about defects can only be accepted if they are made within 8 days of receipt of the goods, and complaints about quantity only if they are made immediately upon receipt of the shipment. The warranty period is 12 months. For goods delivered defectively and demonstrably due to the fault of the supplier, replacement will be provided or a credit note issued at the supplier's discretion. Further claims, in particular for damages and consequential liability for parts supplied by us, are expressly excluded. (If the goods are not shipped to the customer but to a third party, they must be inspected and accepted by the manufacturer; otherwise, they are deemed to have been delivered as ordered upon dispatch.) Defective goods must be returned to the manufacturer unless otherwise agreed. The testing and acceptance is carried out in accordance with DIN.

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11. Unless otherwise agreed, our terms of payment are due 8 days after the invoice date with a 2% discount or 30 days net. Special payment terms are reserved for foreign customers or for unknown customers. If payment deadlines are exceeded, an annual interest rate of 8% above the current base interest rate of the European Central Bank (ECB) will be charged without the need for a reminder. Withholding payments or offsetting against any counterclaims of the customer disputed by the supplier is not permitted. The goods remain our property until full payment has been received, and in the case of bills of exchange, until they have been honored. Until then, the goods delivered by us may not be pledged or assigned as security without our consent. If our customers resell the goods, they hereby assign their future claims against their customers to the supplier and undertake to agree to a retention of title that protects the rights of the supplier. The customer must notify the supplier of this and, upon request, submit a declaration of assignment in duplicate.

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12. The customer's terms and conditions shall not be binding even if the supplier does not expressly object to them again. Only customers who place orders with their VAT identification number according to the country of destination principle will be supplied. 

 

13. The place of performance for delivery and payment is Hemer. The place of jurisdiction is the Iserlohn District Court. Only German law applies. For export deliveries, the International Chamber of Commerce in Zurich, Switzerland, shall be the arbitration tribunal. 

 

14. If any deviating terms and conditions of the customer apply and are not expressly confirmed by us in writing, the customer must object immediately upon receipt of the order confirmation.

 

As of March 2013

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