Terms and Conditions

Terms of payment and delivery bbe Moldaenke GmbH

Europe

1. Validity of the terms

All quotations as well as all deliveries and all work are performed on the basis of our terms of payment and delivery. These general terms and conditions are also valid for future contracts even when they have not been agreed on. All possible general terms and conditions of the customer are contradicted herewith. Different agreements, especially verbal agreements and declarations, need explicit written confirmation.

2. Conclusion of contract

All quotations are generally valid for three months. Every order which reaches bbe after this period needs to be confirmed in writing. Verbal declarations of our employees and declarations made by telephone are only valid when they are confirmed in writing.

3. Prices

All prices are, if not differently agreed upon, quoted in EUR, ex works; they do not include packaging, insurance and value added tax, unless otherwise indicated.

4. Warranty/ Guarantee

In respect of harmonized EU regulations - bbe offers a statutory defects liability for a period of 2 years valid from the date of delivery.
Following the legal situation, a defect within the first 6 months is at the expense of the seller/supplier if the seller is unable to proof the reliability for the damage caused by the purchaser/user. This implies the statutory presumption of a defect of the goods at time of the delivery. After 6 months there is a reversal of the burden of proof. This means that the purchaser/user has to proof the reliability for the damage of the goods caused by the seller/supplier. To find a remedy for non-convention goods, the goods can be repaired without costs, replaced, reduced in price or followed by termination of the contract. The contractual guarantee is a non-statutory voluntarily indemnification which covers all damages within the contracted period except those caused by wilful and improper handling. It does not imply a reversal of the burden of proof. This is for one year and can be optionally extended for another year.

5. Delivery obligations

a) Stated delivery periods are non-binding. Delivery periods are only binding when they are agreed upon and explicitly declared as binding.

b) bbe Moldaenke GmbH may invoice part deliveries individually.

c) If dispatch is delayed at the customer’s request, we will invoice the customer the thereby resulting storage costs, at least 0.5% of the amount of the invoice for each month, starting one month after the goods are ready to be dispatched. However we are allowed to dispose of the goods in a different manner after the setting and the expiry of an appropriate extension or to deliver it after an appropriate extension to the customer.

d) The execution of the delivery obligations requires that the customer fulfil his obligations properly and in time. When delivery is refused by the customer or the customer violates his obligation to co-operate on purpose, bbe is entitled to demand compensation for the damage and the additional expenditure from the customer. In this case, the risk of accidental destruction or accidental decline is with the customer from the moment the delivery is refused.

e) Claim for damages of the customer because of non-fulfilment or delayed fulfilment are impossible, unless the delay occurred on purpose or due to gross negligence.

f) All deliveries are at customer’s cost and risk.

6. Payment

In the absence of other arrangements our invoice is payable net cash within 14 days of the date of invoice in EUR. In case of default with payment deadline, we reserve the right to charge interest for delay 2 % over the actual interest rate of the Deutsche Bundesbank.

7. Reservation of ownership rights

The delivered goods remain property of bbe Moldaenke GmbH until the payment in full of all claims outstanding at the time of delivery.

8. Place of performance and jurisdiction, applicable law

The place of performance for delivery and for all obligations of the customer is Kiel. The place of jurisdiction for both parties is Kiel, provided the customer is a merchant, a statutory corporation or a corporation with separate estate. The laws of the Federal Republic of Germany are exclusively applicable to all contractual relationships.

World

1. Validity of the terms

All quotations as well as all deliveries and all work are performed on the basis of our Terms of Payment and Delivery. These general terms and conditions are also valid for future contracts even when they have not been agreed upon. All possible general terms and conditions of the customer are contradicted herewith. Different agreements, especially verbal agreements and declarations, need explicit written confirmation.

2. Conclusion of contract

All quotations are generally valid for three months. Every order which reaches bbe after this period needs to be confirmed in writing. Verbal declarations of our employees and declarations made by telephone are only valid when they are confirmed in writing.

3. Prices

All prices are, if not differently agreed upon, quoted ex works; excluding packaging, insurance and value added tax, unless otherwise indicated.

4. Delivery obligations

a) Stated delivery periods are non-binding. Delivery periods are only binding when they are agreed upon and explicitly declared as binding.

b) The bbe Moldaenke GmbH may invoice part deliveries separately.

c) If dispatch is delayed at the customer’s request, we will invoice the customer for the resulting storage costs, starting one month after the goods are ready to be dispatched, i.e. at least 0.5% of the amount of the invoice for each month. However, we are allowed to dispose of the goods in anyway possible after the setting and the expiry of an appropriate extension or to deliver it after an appropriate extension to the customer.

d) The carrying out of our delivery obligations requires that the customer fulfil his obligations properly and in time. If delivery is refused by the customer or the customer violates his obligation to co-operate on purpose, bbe Moldaenke is entitled to demand compensation for the damage and the additional expenditure from the customer. In this case, the risk of accidental destruction or accidental decline is with the customer from the moment when the delivery is refused.

e) Claim for damages of the customer because of non-fulfilment or delayed fulfilment are not permissible, unless the delay occurred on purpose or due to gross negligence.

f) All deliveries are at customer’s cost and risk.

5. Warranty/ Guarantee

All instruments are sold with a warranty of two years (as required by European law) and a guarantee of one year valid from the date of delivery.

6. Payment

In the absence of other arrangements our invoice is payable in advance or by irrevocable Letter of Credit (L/C). In case of default on the payment deadline, we reserve the right to charge interest for delay at 2 % over the current interest rate of the Deutsche Bundesbank.

7. Reservation of ownership rights

The delivered goods remain the property of bbe Moldaenke GmbH until the payment in full of all claims outstanding at the time of delivery.

8. Place of performance and jurisdiction, applicable law

The place of performance for delivery and for all obligations of the customer is Kiel. The place of jurisdiction for both parties is Kiel, provided the customer is a merchant, a statutory corporation or a corporation with separate estate.
The laws of the Federal Republic of Germany are exclusively applicable to all contractual relationships.