Terms and conditions of sale

Effective July 1, 2010

Our terms of delivery and payment that the customer agrees to when placing the order shall apply exclusively, as well as to further transactions even if they are not expressly referred to but have been sent to the customer with the confirmation of an order by us. Even if the order is placed differing from our terms, only our terms of delivery and payment shall apply even if we do not raise objections. Accordingly exceptions shall only apply if they have been acknowledged in writing by us.

1. We are entitled to assign the claims from our business connection. All sales are subject of terms and conditions set out below. No other terms will apply to the supply of products and services by WAB-Präzisionswerkzeuge GmbH & Co. KG (hereinafter referred to as WAB) unless agreed in writing. This effects also orders placed with our representatives.
2. All offers are without engagement. Orders require our written confirmation which also concerns orders placed with our representatives.
3. Times and dates quoted by WAB are approximate only and WAB shall not be liable for the consequences in any delay of delivery. We reserve the right to make part shipments.
4. Risk of loss or damage to the products shall pass to the customer on delivery even when shipment is being made by our own vehicels. Unless no shipping instructions are given we choose the most reasonable type of dispatch.
5. Orders above EURO 200.00 net will be shipped free German border. In case where special prices have been agreed a free German border shipment is subject to our written confirmation.
6. The customer must inspect the products as soon as is reasonably possible after delivery and shall, latest within 8 days of the date of delivery, give notice to WAB. Information on defects on products which are not recognisable immediately must be given to WAB in writing immediately upon recognisability. Appropriate treatment of products provided we undertake full guarantee on products supplied.
7. The customer may only return products to WAB upon receipt of written confirmation. A credit note at the rate of 80 % of invoiced prices will only be issued for goods received in saleable condition and in original packing. Reconditioning of goods will be charged per evidence and will be deducted from credit note. Credit notes will be offset with new supplies only.
8. Ownership of the products shall not pass to the customer until all sums due to WAB from the customer for all products ordered from WAB have been received by WAB. If the customer is late in paying any sum to WAB, then WAB shall be entitled to the immediate return of all products where the ownership has not passed to the customer. We are entitled to assert our reservation of proprietary rights – in particular the right to take back the delivered goods – without withdrawing from the sales contract. The customer authorises WAB to recover the products, and to enter any premises to the customer for that purpose. Demand for or recovery of the products by WAB shall not of itself discharge either the customers liability to pay the whole of the price and take delivery of the products or WAB’s right to sue for the whole of the price. – 8.1: If the customer is in delay with any due amount payable, all outstanding accounts receivables shall be due immediately.
9. The legal relationship between WAB and the customers are governed solely by the law of the Federal Republic of Germany.
10. The place of performance is Neulußheim, Germany. Court of jurisdiction is the local court in Schwetzingen, Germany, or Frankfurt am Main, Germany.
11. Unless otherwise agreed all invoices are payable net within 30 days from invoice date. For payments within 10 days from invoice date we grant 2 % cash discount.
12. All payments are to be made in full discharge only to VR FACTOREM GmbH, Ludwig-Erhard-Straße 30-34, 65760 Eschborn, Germany, to whom we have assigned our existing and future claims from our business connection. We have also assigned our reservation of proprietary rights to the above-mentioned VR FACTOREM GmbH. Buyer may not set off counterclaims unless these are undisputed or established by final court decision. Buyer is not permitted to assert any right of retention unless it is based on the same contractual relationship, or counterclaims are undisputed or established by final court decision.

Technical modifications due to permanent innovation reserved.

Terms and conditions of sale PDF format (approx. 0.5 MB)

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