General Terms and Conditions of Sale, Delivery and Payment

1. Acceptance of Terms of Sale, Delivery and Payment
Our sales are based on the following terms and conditions. Any variations
to these must be accepted and confirmed by us in writing. The placing of
order/contract with us implies acceptance of these conditions by the buyer
unless expressly agreed otherwise and confirmed by us in writing. Any
terms and conditions the buyer might have imposed on his order/contract
contradicting our terms are not accepted, also if not objected by us.
With placing the order the buyer acknowledges exclusively our terms.
Valid is german right, the UN-rights of sales are not valid.

2. Quotations
Our offers are without engagement. The catalogue or CD-Rom forms part
of our offers. The specifications and drawings as shown in our catalogues,
prospects, CD or internet are subject to change without notice unless
contracted otherwise by us and confirmed in writing.
Prices are in EURO (€) and means ex works.

3. Special Manufacture
We reserve the right to modify the quantities ordered for special production
by plus or minus 10%, also normal production items which are marked or
finished to buyer’s special requirements. Such orders cannot be cancelled
once accepted by us. We are unable to accept the return of such items
for credit or allowance.

4. Prices
Prices quoted by us are not binding until confirmed by us in writing and
must be regarded as works prices not including value tax or similar
charges. We reserve the right to correct prices in case there should be a
change in our production costs such as raw material, alloying-costs, power,
wages etc. up the date of delivery. For orders coming from Germany with
an order value less € 100.- we will invoice a handling charge of € 10.-
For orders coming from Europe with an order value less € 150.- we will
invoice a handling charge of € 18.
For orders coming from other countries with an order value less € 150.-
we will invoice a handling charge of € 18.

5. Terms of payment
Our invoices are payable for
German market:

Export market:
within 10 days after date of invoice less 2% discount
or 30 days after date of invoice net. without deduction.
according to the special arrangements which are stated
in our offers, order confirmation and / or invoices.
Drafts will be accepted only after prior arrangements and
all charges are to buyer’s account.

6. Despatch and Delivery
If not otherwise stated and confirmed by us in writing we deliver ex works,
excl. transport-packing and excl. customs clearance.

7. Title of the Goods
Goods delivered remain our property until payment is received in full. It is
expressly reserved that any law contradicting this clause shall not injure our
rights concerning our goods. Distraints and/or any other limitations which
might be imposed on our property despite the reservations outlined in the
preceding sentence must be reported immediately. The buyer may dispose
of the goods in the usual business-like manner provided he is not insolvent
or in default. Should the customer sell goods which are still our property,
respective credit is due to our account automatically without express
confirmation. Until paid for in full, we reserve the right to enter buyer’s
premises and re-take possessions of the goods Should the goods be
processed or mixed with other goods by the buyer and/or a contractor
to the buyer, ownership of the processed or mixed goods is automatically
passed to us until payment for the goods has been received in full.
Notwithstanding the conditions outlined above, goods are at the entire risk
of the buyer’s from the date of delivery.

8. Software-Use
If there is any software incl. with our instruments, the user has a non
exclusive right of using the software or documentary. The right of use is for
the incl. instrument only. No further use for other instruments is allowed.

9. Time of Delivery - Delivery Possibilities
All information given in respect of delivery period is approximate and
without obligation. Liability in case of delay in delivery, interest for delay
and/or damages cannot be accepted. The time of delivery begins only
after clarification of all clerical and technical details.

10. Force Majeure
Force majeure, such as strike and lock-out, catastrophes of any kind,
breakdown in supply of any kind, as well as delivery of faulty material and
the like shall release us from our liabilities.

11. Claims
Claims must be made immediately, latest after 8 days on receipt of the
goods otherwise such claims will not be accepted by us. Claims above the
nominal value of the goods involved will not be entertained.
Amendments to our deductions from invoices will not be accepted in
respect of claims. Adjustments must be made only through documents
issued by us.

12. Warrantee
For the purchase of goods applies between the customer and us a period of
limitation for the legal objective defect liability claim of 24 month on new
parts and 12 month on used parts. The objective defect liability claim has
priority to a claim for performance is limited.
No warrantee will be taken over especially in the following cases:
Not qualified or faulty use, incorrect installation respectively commissioning
by the purchaser or a third party, wear and tear, incorrect or careless
treatment, maintenance not according to the rules.
If the purchaser or a third party repairs inappropriate assumes no liability for
the supplier for any resulting consequences. Claimed parts have to be
returned free delivered by the purchaser in addition of the invoice with the
according purchase date. An entitled replacement will be returned by us as
well free delivered.

13. Repair fee
Unless otherwise agreed, a repair cost share is considered to be accepted
for repair fee of 25 € plus VAT with delivery of a device for repair.
We reserve the right to grant, at its discretion in favor of the customer
a discount for this repair if the repair seems relatively simple.
With an estimated expenses for the repair of more than 50 € + VAT the customer
receives a written estimate for approval.

14. Electrical and Electronic Equipment
The buyer assumes the obligation to dispose of him delivered and used in
professional measuring tools and test equipment of brand "Vogel Germany"
after termination of use at its own expense in accordance with the guidelines
of the Electrical and Electronic Equipment Act (Electrical) properly.
Thus Vogel Germany is exempted from the obligations according to § 10
paragraph 2 Electrical and Electronic Equipment, and thus the consolidation
of related claims of third parties.
Any failure of the customer, third parties to whom he passes our measuring
tools and test equipment, contractually obligated to assume the duty of disposal
and for further obligation, the buyer is obliged to take back the goods delivered
after termination of use at its own expense and in accordance with the legal
regulations to discard.
The claim of the Vogel Germany on acquisition of the lawful disposal of
professionally used measurement tools / test equipment of brand "Vogel Germany"
by the customer, not time-barred before the expiration of two years after the
final termination of the use of the products supplied to him.
The two-year period, the flow begins at the earliest with receipt of written
notice to the customer of the termination of use.

15. Settling Place and Place of Competency
Kevelaer is the settling place for delivery and payment.
The place for competency of justice in case of dispute is the place of the
sellers court.

16. Dispute resolution center
The European Commission is offering an online dispute resolution platform,
which can be found here:
Under this link you will find the contact details of the official dispute resolution centers:

Stand: 1st february 2017

Vogel Germany GmbH & Co. KG
Precision Measuring Tools and Test Instruments

Ossenpass 4
47623 Kevelaer
Phone: +49 (0)2832 9239-10
Fax: +49 (0)2832 3621
Business hours
Monday - Friday
08:00 a.m. - 05:00 p.m.