I. Offer
1. nitial offers are usually provided free of charge. Subsequent proposals and design work, in particular structural design work, are only carried out free of charge if a legally valid delivery contract is concluded.
2. Documentation related to the offer, such as images, drawings, weights and dimensions, are indicative until they are expressly determined to be binding. In relation to estimates, drawings and other documentation, the supplier reserves ownership and copyright; This documentation must not be accessible to third parties.
3. Resale is provided for and remains free of obligation.
II. Prices
Our prices are free of obligation; We reserve the right to increase prices due to changes in material costs and rising wages. Changes in design at the initiative of the customer are carried out at his expense. Factory prices excluding packaging, wooden packaging materials (e.g. boxes, packing baskets, etc.) are included in the invoice at cost.
For overseas orders whose value is less than €200.00 gross, Voss is entitled to include a lump sum cost of €16.00 to cover additional bank charges incurred for international payments.
III. Scope of delivery
We specify the scope of delivery in the offer as well as in the order confirmation. We reserve the right to make design changes in accordance with technical progress. At the same time, the main parameters and other technical data are indicative, since discrepancies due to any features of a particular production are not mandatory. Additional agreements and changes require written confirmation from the supplier. Deviations from the rules accepted in trade practice are permitted.
IV. Delivery time
The delivery time is calculated from the day the order confirmation is sent, after all technical details have been clarified, until the goods are shipped from the factory. We do not provide any compensation for late delivery. The buyer also does not have the right to withdraw his order in this case. Unforeseen production disruptions, as well as shortages of material – including from subsuppliers, as well as force majeure circumstances release us from delivery obligations until the situation normalizes.
V. Dispatch
1. Risks pass to the customer no later than the moment the delivered goods are dispatched, also if partial deliveries are made or if the supplier also provides other services, such as bearing the costs of dispatch, organizing delivery and installation.
At the request of the customer and at his expense, the cargo can be insured by the supplier against damage due to breakdowns, during transportation, from fire or water.
2. If shipment is delayed due to circumstances arising for reasons beyond the control of the supplier, then the risks pass to the customer from the date of notification of readiness for shipment; in this case, the supplier undertakes, at the request and at the expense of the customer, to insure the shipment in the form required by the customer.
3. The delivered goods, even if they have minor defects, must be accepted by the customer regardless of the standards described in section VIII.
4. Partial deliveries are permitted.
VI. Installation
1. If the buyer requests an installer to carry out installation and commissioning, we calculate the cost taking into account travel costs, as well as the total time for movement, work and waiting. Typically working hours per day are 7.5 hours. The first 2 hours of overtime are calculated with a 25% surcharge, all subsequent overtime hours, as well as work on Saturday are calculated with a 50% surcharge, work on Sunday with a 70% surcharge, and on holidays with a 100% to 150% surcharge. The necessary auxiliary means and forces are provided to our installer by the customer.
2. If products are provided to us for repair, we will invoice the costs incurred in connection with the inspection and dismantling. If repairs cannot be carried out due to excessive technical wear and tear, we will reimburse possible disposal costs in accordance with existing quotations.
VII. Retention of Title Clause
Our deliveries are subject to the reservation of title in accordance with § 449 et seq. of the Civil Code with the following additions:
All goods remain our property until all our present and future claims against the buyer arising from the business relationship have been settled in full. This provision applies even if the purchase price of individual supplies specified by the buyer has been paid. The retention of title clause is valid when an invoice is issued as a guarantee of our balance of invoice amounts. Voss also reserves the right to withdraw from the contract if this results in bankruptcy proceedings for the customer. When using/processing a reserved goods (to which the Seller retains ownership until full fulfillment of obligations by the Buyer) in combination with other goods that do not belong to us, we have the right to common ownership for the new object in the ratio of the value of the reserved goods to other goods at the time processing. § 950 Civil Code is excluded. Otherwise, the same provisions apply for new objects arising during processing as for other reserved goods. The activation of a reservation of title, as well as the seizure of the item of delivery by the supplier cannot be a reason for withdrawing from the contract.
The buyer has the right to resell the reserved goods only on the condition that claims for payment of the debt (based on the purchase price) upon resale pass to us.
The buyer’s claims arising from resale are assigned to us, regardless of whether the reserved goods are resold without processing or are sold after processing to one or more customers.
The assigned claims serve to guarantee the seller in the amount of the value of any conditionally sold goods.
The buyer has the authority to collect obligations arising during resale, despite the assignment of claims. The seller’s rights to enforce claims are not affected by the buyer’s powers to collect. However, the seller does not have to collect until the buyer properly fulfills its payment obligations. At the request of the seller, the buyer must provide him with the information of the debtors for the assigned claims. At the request of the buyer, the seller undertakes to provide him with financial guarantees in the event that their value exceeds the requirements by 25%, however, with the condition that, with the exception of deliveries in a real contractual relationship, the provision of guarantees is carried out only for such deliveries or their recoverable value, which must be paid in full.
The retention of title clause also remains in force in cases where the seller’s individual claims are included in the current accounts and the balance is determined and recognized.
The buyer has no right to other types of compensation for the reserved goods, as well as to a pledge or security transfer of the reserved goods. The buyer must immediately report third party access to the reserved goods or assigned claims. Possible costs due to the intervention of third parties and all our damages that may arise due to late notification are borne by the buyer.
The customer undertakes to conscientiously preserve the reserved goods and insure them against loss and damage (theft, fire, etc.). He assigns to Voss the right to claim insurance compensation in the event of damage.
VIII. Responsibility for delivery quality
The supplier is responsible for the quality of delivery except for the following cases:
1. All parts that, within 6 months from the date of delivery, turn out to be unusable or show significant deficiencies in use due to reasons that arose before the transfer of risks, are subject to either free repair or replacement with a new part (at the discretion of the supplier). The discovery of such defects must be reported to the supplier immediately in writing. Spare parts are the property of the supplier.
With respect to third party products, the supplier’s liability is limited to the assignment of any warranty claim they have against the supplier of the third party product.
2. The customer’s right to make claims regarding quality is lost in any case 6 months from the date of timely complaint, at the earliest after the expiration of the warranty period.
3. No warranty is provided for damage caused by the following reasons:
Improper use, incorrect installation or commissioning by the customer’s employees or third parties, normal wear and tear, incorrect or careless maintenance – in particular excessive load – unsuitable operating products, substitutes, unsatisfactory construction work, unsuitable foundations, chemical, electrical and electrical exposures, etc., since it is not the supplier’s fault.
In order to carry out all repair work necessary from the supplier’s point of view and to organize the supply of spare parts, the customer must, by agreement with the supplier, communicate the required period and the nearest suitable time, otherwise the supplier is released from liability.
4. The replacement part and repairs are subject to the same warranty conditions as the item supplied.
5. The supplier has the right to refuse to repair breakdowns if the customer does not fulfill his obligations.
6. In the event of inappropriate changes or adjustments undertaken by the customer or a third party without the prior permission of the supplier, the supplier’s liability for the resulting consequences is excluded.
7. Other claims by the customer, in particular claims for compensation of damages, which are not directly related to the item of delivery, are expressly excluded.
IX. Supplier’s right to withdraw from the contract
In the event of unforeseen circumstances provided for in Section IV of the Conditions of Delivery, if they significantly change the economic component or content of the services, or significantly affect the mode of operation of the supplier, which leads to the subsequent impossibility of fulfilling the order, the supplier has the right to partially or completely withdraw from the contract.
Claims for damages to the customer due to such refusal are not permitted. If the supplier wishes to exercise the right of withdrawal from the contract, he must inform the customer immediately after recognizing the extent of the situation, even if an extension of the delivery period was initially agreed with the customer.
X. Payment
Our invoices are due and payable within 30 days of the invoice date. When paying within 8 days, we provide a 2% discount for early payment. We accept checks and drafts only as payments and subject to standard restrictions. In case of exceeding the agreed payment period, we have the right to calculate a late fee in the amount that banks usually require for an outstanding loan, without notification of late obligations on our part. Delays in payment or compensation due to possible counterclaims disputed by the supplier are not permitted.
XI. Data protection
Voss maintains customer data within the framework of the Federal Data Protection Act.
XII. Place of fulfillment of obligations
Regarding payment and delivery – Sprockhövel/Westfalen. The place of trial shall be our choice of Hattingen/Ruhr or Essen/Ruhr. We also have the right to file a claim at the location of the customer’s head office.
XIII. Other conditions
Purchasing and delivery conditions of the buyer that are contrary to our conditions are not binding on us, even if we have not expressly expressed this. Deviations from these provisions are only valid if we have confirmed them in writing.
By placing an order, the buyer agrees to our sales and delivery policies and waives any policies that may be specified in the order letter or order form, or otherwise communicated.
XIV. Validity of conditions
The possible legal invalidity of individual provisions does not affect the validity of the remaining provisions.
Informationen
Head of the enterprise
Paul Rudi
+49 5251 398 78 33
+49 176 97 630738
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Terms of sales and delivery in PDF