Terms of Sale, Delivery and Payment
1.0 - (16 October 2024)
1. GENERAL
The type and scope of delivery are determined in the order confirmation. The following terms of sale, delivery and payment are authoritative for each delivery to be made by us. We are not bound by the customer‘s purchasing conditions, even if we do not expressly contradict them. By placing an order, the buyer accepts our conditions without exception. Oral or telephone agreements require our written confirmation. Obvious errors in offers, order confirmations etc. are expressly reserved and can be taken into account at any time. We are entitled to process the data received about buyers with regard to the business relationship or in connection with this - regardless of whether these come from the buyer himself or from third parties - within the meaning of the Federal Data Protection Act.
2. OFFERS
Our offers are non-binding regard to price, quantity, delivery time and delivery options. An order is deemed to have been placed when we have confirmed it in writing. Changes to the goods in terms of appearance or technology are permitted without special notice, provided that the function of the item is not impaired. Article images used in the catalogue may differ from the original article. No liability is assumed for any printing errors, product changes due to technical developments and/or model changes. For printing reasons, the colours in the catalogue may also differ from the original colour of the products.
3. SPECIAL PRODUCTION
In the case of custom-made products, excess or short deliveries of up to 10% are permitted. This also includes series parts that are to be specially marked at the express request of the customer. The customer cannot withdraw from the order after the order has been confirmed. We do not take back specially manufactured or marked goods.
4. PRICES, DELIVERY BASE AND PACKAGING
All prices mentioned are non-binding and are in EURO per piece or in accordance with the specified quantity units from the price list plus statutory VAT, ex works, excluding packaging. A shipping service of € 9.90 within Germany is charged for each delivery. For freight forwarded goods or deliveries outside of Germany, the shipping service are billed separately. We reserve the right to correct the prices if there are changes in the basic costs, such as raw material, alloy surcharges, energy, wages, etc. by the day of delivery. In the case of special packaging instructions by the customer, the associated additional costs will be charged. Packaging will not be taken back.
5. DELIVERY
Unless otherwise agreed in writing, delivery takes place at the expense and risk of the buyer. The goods are dispatched by a carrier of our choice, unless otherwise agreed. We reserve the right to carry out orders in partial deliveries. In case of goods being taken back as a gesture of goodwill, we are entitled to charge a restocking fee of 15 % of the value of the goods taken back, at least € 15.00 and most € 250.00.
6. DELIVERY TIME, DELIVERY DEADLINES
The delivery time begins after receipt of all information required for the execution of the order. Agreed delivery times are appropriately extended in the event of unforeseen events that are beyond our control, such as strikes, lockouts, operational disruptions, delays in the delivery of primary material, regardless of whether these events occur with us or with our supplier. We are not responsible for such circumstances even if we are already in default. If they occur, both parties are entitled to withdraw from the contract. No claims can be made for late delivery.
7. COMPLAINTS
Obvious defects must be reported in writing and specified within 10 days of receipt of the goods.
8. WARRANTY
For all Vogel Germany measuring tools that are rendered unusable due to proven material or manufacturing defects, we will replace them within one year of delivery. This free replacement service is excluded if the tools have become unusable due to natural wear and tear or improper handling.
9. DISCLAIMER
We do not guarantee the suitability of our products for the purpose intended by the customer. We do not accept any liability for damage caused by unsuitable or improper use, commissioning by the customer or third parties or for natural wear and tear. Any claims for damages, irrespective of the legal reason, and in particular liability through tort (product liability) are excluded - as far as legally permissible.
10. PAYMENT
The payment terms valid on the day of delivery are decisive for the settlement of our invoices. The terms of payment and payment deadlines stated on the invoice apply. We reserve the right to request advance payment. Payments from abroad must be made free of bank charges. Discounts based on specified conditions can only be recognized if no other due invoices are open. The purchaser is in default of payment upon receipt of the first reminder or without a reminder 30 days after the due date and receipt of an invoice in accordance with § 286 Abs.3 German Civil Code (BGB). In the event of default, we are entitled to default interest in accordance with § 286 of the German Civil Code (BGB), subject to proof of further damage caused by default.
11. RETENTION OF TITLE
We reserve title to all goods delivered by us until the buyer has paid all claims arising from the business relationship, including future claims. The buyer is entitled to resell the reserved goods in the ordinary course of business. In the event of a resale, the buyer has to reserve ownership of the sold goods to his customer under the same conditions. The buyer already now assigns to us the purchase price claim to which he is entitled from the resale against the customer.
12. PLACE OF COMPETENCY, JURISDICTION, APPLICABLE LAW
The place of competency is Kevelaer (Germany). The place of jurisdiction for all disputes arising from our legal relationship with the customer is Kevelaer (Germany). However, we are also entitled to take legal action at the customer‘s headquarters. German law applies and, in exceptional cases, UN sales law.
13. OTHER CLAIMS
Other claims - for whatever reason - remain excluded unless they have been expressly confirmed to the buyer in writing.
14. OTHERS
If individual regulations of these terms of sales, delivery and payment are or become ineffective, this shall not affect the validity of the remaining regulations.
VAT Id. No.: DE 813587158
GLN No.: 40 10873 00000 3
WEEE Reg. No.: DE 68792696
Interseroh Manufacturer No.: 113216
Vogel Germany GmbH & Co. KG, October 2024