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Terms and Conditions
I. Contractual agreement
1. The Supplier’s quotations are not binding. The information given in the order confirmation is definitive.
2. Illustrations, drawings and weights are only approximate, without any obligation to notify you of any changes made.
3. An order placed verbally or in writing is only accepted once it has been confirmed in writing by the Supplier. Oral, telephone or email agreements are only effective if confirmed in writing by the Supplier. Likewise, for additions or amendments to orders to become effective, written confirmation is required from the Supplier.
II. Payment and delivery
1. Prices are quoted ex works of the Supplier, excluding freight, or postage and packaging. Prices are calculated on the basis of our list price on the day of delivery.
2. Prices are quoted in euros. For full and partial deliveries, payment shall be made as follows: within14 days of the invoice date with a 2% discount; within 30 days of the invoice date at the full price.
3. Payment orders, cheques and bills of exchange are accepted, subject to cleared funds, with the addition of processing costs and fees. If a payment is dishonoured, the Supplier assumes no liability for timely presentation, protest, notification or return.
4. The Purchaser shall not withhold payment because of any counterclaims, nor offset payment against any counterclaims.
5. If the Purchaser does not meet their payment or insurance obligations, ceases to pay, or goes into bankruptcy or insolvency, full payment will become due, even if there are bills of exchange with a future fulfilment date. If the full debt is not cleared immediately, the Purchaser shall no longer be entitled to the goods. The Supplier may demand the immediate return of the goods, with no right of retention. The Purchaser shall bear any costs incurred by the return of the goods. The Supplier is entitled, without prejudice to the payment obligations of the Purchaser, to resell the goods. Any proceeds from the sale shall, after subtraction of costs, be credited against the Purchaser's debt. Any potential surplus will be paid to the Purchaser.
6. Delivery times are not guaranteed, and are based on our best estimate, assuming regular business operations and an uninterrupted supply of materials. Delivery times are calculated from the point that the goods leave the factory, after all the details of the order have been confirmed. Delayed deliveries do not entitle the Purchaser to compensation. Delivery times may be extended if the Purchaser does not adhere to any term or condition of the purchase.
7. Partial deliveries shall be permitted.
8. Goods are shipped at the recipient’s risk.
9. Goods are shipped using the best shipping method, as decided by the Supplier, unless alternative shipping instructions have been specified by the Purchaser.
10. If the Supplier works according to the Purchaser’s drawing or request, the Purchaser shall bear all claims that may arise from the infringement of third-party intellectual property rights.
11. For custom-made items, we reserve the right to deliver up to 10% more or less than the number ordered.
III. Retention of title
All goods supplied by us remain our property until all obligations are fulfilled by the Purchaser, even if the goods have been used in further production. Where goods have been combined with other goods, the Purchaser may only sell these subject to the retention of title. The Purchaser irrevocably assigns to us proceeds arising from the resale of the goods, to the extent of our claim, including interest and costs. If insolvency, settlement, seizure or bankruptcy of the Purchaser is expected, the Purchaser shall return the goods unsolicited and at no cost to us. After cessation of payments, the seizure, transfer of ownership or sale of the goods subject to the retention of title is prohibited. We reserve the right to reclaim the goods until payment has been made in full.
1. The Supplier shall be liable for defects in the delivered goods, under exclusion of further claims, in such a way that the Supplier repairs all parts free of charge or replaces them at the Supplier’s discretion, if within six months of the date of delivery the goods become either unusable or defective in a way that significantly affects their performance. The Supplier must be notified of any defects without delay and in writing, no later than two weeks after delivery. The rejected parts shall be sent to the Supplier for inspection. In the case of defective goods, provided that return and delivery is carried out by our nominated transport company, we shall bear the transport costs, and the risk of loss or damage in transit. Otherwise, the Purchaser shall bear the transport costs, as well as the risk of loss or damage in transit. The Purchaser bears the burden of proof that any defects were reported to the Supplier in good time.
2. The conditions for the liability of the Supplier, as per Par. IV 1, are design or manufacturing defects. The Supplier shall only be liable for material defects if the Supplier has failed to identify them during processing due to gross negligence. The Supplier accepts liability only to the extent that the Supplier transfers to the Purchaser any claims the Supplier may have against their own suppliers. Replaced parts become the property of the Supplier.
3. The Purchaser shall grant the Supplier sufficient time and opportunity to rectify any defects, in the way deemed necessary by the Supplier.
4. In any cases of unjustified claims that necessitate extensive investigation or require inspection reports, the Supplier is entitled to pass on the costs to the Purchaser. If ownership of the goods is transferred during the warranty period, the Supplier’s compensation obligations shall lapse, unless ownership was transferred as part of a permissible resale.
5. The Supplier shall not be liable for any parts where, due to their material composition or manner of use, they wear out easily or prematurely, where damage resulted from carelessness, improper or excessive use, or use with inappropriate equipment, or was due to chemical, electrochemical or electrical influences, weather or other natural factors, or where natural wear has occurred.
6. Furthermore, the Supplier is not liable if any delivery or replacement is made more difficult by the Purchaser’s unauthorised reworking.
7. Failure to comply with the agreed terms of payment or retention of payments, as well as inadequate order details, release the Supplier from liability.
If Supplier or Purchaser become unable to fulfil their obligations, the general principles of law apply.
VI. Right to cancel purchase contracts/orders of goods (for consumers)
Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period lasts for fourteen days from the day:
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or if you have several goods as part of a single order and the goods have been/will be delivered together in one delivery; orden; oder
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, if you have ordered several goods in a single order and the goods are delivered separately; or
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the final partial shipment or the final piece, if you have ordered goods that are delivered in several partial shipments or pieces.
To exercise your right to cancel, you must inform us – Bednorz GmbH & Co. KG, Am Aspenhaag 5, 65451 Kelsterbach, (tel: +49 (0)6107 - 60 33; fax: +49 (0)6107 - 62 49 7; email: firstname.lastname@example.org) – of your decision to cancel this contract by a clear statement (eg. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay and no later than fourteen days from the date on which we received your cancellation. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods, whichever is earliest.
You must return the goods to Bednorz GmbH & Co. KG, Am Aspenhaag 5, 65451 Kelsterbach, Germany, without undue delay and, in any event, not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning goods that are suitable for dispatch by parcel. You also bear the direct cost of returning goods that cannot be sent by parcel.
You are only liable for any diminished value of the goods resulting from handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusions from the right to cancel
The right to cancel does not cover contracts that relate to the supply of bespoke goods, ie. goods that are not prefabricated but are manufactured to the consumer’s individual specification and selection, or that are tailored to the consumer’s personal needs.
VII. Place of jurisdiction
The place of performance and the sole place of jurisdiction for deliveries and payments, as well as for all disputes arising directly or indirectly from the contractual relationship, is Frankfurt am Main, Germany.
1. The contract remains binding even if individual points of its conditions, including the terms of business and delivery, are invalid. The Purchaser shall not transfer their contractual rights to third parties without the express consent of the Supplier.
2. The Supplier is not bound by any purchasing terms and conditions of the Purchaser which conflict with these terms and conditions, even if they are based on the order and the Supplier has not expressly objected to them. They are only binding if and insofar as the Supplier has expressly agreed to them in writing.
3. These Terms and Conditions are a translation from the German language into English. If any translation of these Terms and Conditions conflicts with the German version, or contains terms in addition to or different from the German version, the German version shall prevail.