Terms and conditions used machinery equipment
Offer and order
All offers, negotiations, deals are made without engagement until written or telexed confirmation by us. Verbal, telephonic or other ancillary agreements require our explicit written or telex confirmation to be effective. Orders placed are considered as irrevocable by the purchaser. Insofar as exceptions to the general terms of sale, delivery and payment are made, they shall only apply to the order for which they have been confirmed in writing. The documents pertaining to the offer, such as illustrations, drawings, weights and measurements are not regarded as warranted characteristics, unless they are expressly designated as binding. The basis of the conclusion of the contract is the customer’s order and our written or tele- phone order confirmation.
For the scope of delivery our written order confirmation is decisive. Other services, such as plant engineering, assembly etc., are only included in the scope of delivery if they are expressly mentioned in the order confirmation. They are usually the subject of a separate contract and are billed separately.
The delivery takes place according to the announced characteristics of the delivery item, whereby dimensions, weights and construction year data are approximate and without obligation and are made to the best of our knowledge. Deviations therefore do not entitle to claims for damages and withdrawal from the contract.
The delivery times given are approximate and not binding. The delivery period begins with the dispatch of the order confirmation, but not before the customer has provided all documents, approvals and releases to be procured by him and the agreed payment has been received by us. Order changes which lead to a change in the delivery period entitle us to a corresponding shift of agreed delivery dates. The delivery deadline is met if the object has left the site or factory by the time the goods have expired or the readiness for dispatch has been notified. We are not responsible for exceeding the delivery time, if this is caused by circumstances for which we are not responsible. An exceeding of the delivery time caused thereby does not entitle the client to withdraw from the order, or to make us responsible for any damages incurred. In the case of delay in delivery on our part compensation for loss of profit can not be demanded. If shipment is delayed by more than 1 month at the Buyer’s request or by the pick-up time possibly specified in the order confirmation, we are entitled to store the delivery in the name and for the account of the Buyer and all costs, including disassembly etc. against the buyer. The payment for the delivery item will be due regardless of the payment agreement made. If the payment is not made, we shall be entitled to dispose otherwise of the delivery item after setting and fruitless expiry of a reasonable period of time and to demand compensation from the buyer for non-performance.
Unless otherwise stated in the order confirmation, our prices are ex works, warehouse, excluding disassembly, packaging, loading, freight, insurance, installation. Any fees, duties, taxes or similar charges incurred outside Germany must be paid by the buyer.
The payment must be made in the agreed form according to the order confirmation. In Germany plus statutory VAT. Checks and bills of exchange are only considered paid with full cash. If accepting a bill of exchange, the buyer bears all expenses and costs incurred. Restraint of payments is excluded, as is an offsetting of the purchase price against claims of the buyer to us not allowed. All payments are only to be made directly to us.
Transfer of risk and acceptance
Deliveries always apply ex location, warehouse or plant, even if the agreed prices include the costs ‘free destination’ or ‘free place of use’. By handing over to a forwarding agent, rail or freight carrier, but at the latest by leaving the location, warehouse or factory, the risk is transferred to the buyer – also in the case of FOB and CIF transactions. This also applies to partial deliveries. If the transport is delayed due to circumstances for which we are not responsible, the risk passes to the buyer from the day of readiness for shipment. After the transfer of risk, the purchaser can not deduct any reduction, withdrawal or right of withdrawal from us for any damages on the transport. Transport damage must be reported to the carrier immediately, reported to the insurance company and disclosed to us.
Retention of title
All delivered goods and machines remain our full property until full payment, received by us in cash, including any expenses. Until complete payment in cash, the delivery item shall be deemed to have been assigned to us as security and only to be leased to the buyer without any special agreement being required. Pledging or transferring security to third parties is not permitted. In case of default or inability to pay, the buyer is obliged to surrender the delivery item to us immediately upon request. During the period of validity of the retention of title, the buyer is obliged to treat the delivery item carefully and insure it sufficiently against damages. Upon request, we must be given proof of this immediately.
For used machines is any warranty, even for hidden defects excluded. They are bought by the customer as they go and stand. For new or refurbished machines, the general provisions of the VDMA apply.
Any complaints will only be considered if they are substantiated and made within 8 days of delivery. This only applies to the purchaser as the first purchaser and does not apply to resale. Complaints do not justify the reservation of payment obligations.
Right of withdrawal
The buyer can withdraw from the contract if the entire service before the transfer of perils becomes permanently impossible or if we are unable to deliver. Claims for damages can not be asserted in this case if the non-performance or delivery occurred without our fault. If the impossibility of the service occurs due to the fault of the buyer, or while he is in default of acceptance, we are entitled to rescind and any down payments are forfeited.
Intellectual Property Rights
The examination with regard to existing patents or other protective rights is the responsibility of the buyer. We assume no liability for the fact that the products manufactured with the object of delivery do not infringe foreign property rights.
Delivery and purchase conditions of the buyer are not binding for us, even if we have not expressly objected to them. All offers are only intended for use by the respective recipient. A transfer to third parties or use by third parties is not permitted. The first recipient is liable in such cases.
Fulfillment and jurisdiction
Place of performance for all obligations of the buyer and supplier is Karlsruhe BW. The exclusive place of jurisdiction for all legal disputes, including bill of exchange claims, is Karlsruhe Baden-Württemberg.
Choice of law
The delivery contract is subject to German law, consequential damages excluded. He remains binding even if individual points of his conditions are ineffective. For the interpretation of the delivery contract and these delivery and payment conditions, the German version is authoritative.
Leomaschinen • Pforzheimer Str. 128B, 76275 Ettlingen