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Unger Messer » General terms and conditions

General terms and conditions

Terms of delivery and payment
A) Terms of delivery
1. With regard to merchants the calculation of valid prices and conditions takes place on the day of the supply. If dispatch of the goods is delayed due to circumstances for which the customer is responsible, the day of readiness for dispatch shall be deemed the day of delivery. An order is only accepted when it has been confirmed in writing. Additions, amendments, verbal side agreements or verbal information about dimensions and the such must also be confirmed in writing. We reserve all rights to illustrations, drawings, sketches or other documents protected by copyright. They may not be made accessible to third parties without our permission and must be returned immediately upon request.

2. Unless special conditions have been expressly stipulated in writing, delivery shall be ex works. The goods shall travel at the risk of the recipient, even in the case of carriage paid deliveries. We shall not be liable for damages and losses suffered by the goods during transport.

3. We deliver exclusively according to our terms of delivery and payment. Purchasing conditions of merchants are not recognized.
4. We only recognise customer protection agreements if they are expressly confirmed by us in writing.

B) Packaging
Packaging will be invoiced at cost price. Packaging will not be taken back.

C) Delivery deadlines
1. Delivery deadlines and delivery dates are non-binding unless their binding nature has been expressly agreed.

2. If and as long as we are prevented from adhering to delivery deadlines or delivery dates for reasons for which we are not responsible, the deadlines or dates shall be extended or postponed by a period until which the obstacle to delivery has been removed.

D) Warranty
1. Our products are manufactured using the best raw materials and with the greatest care. If the customer is a merchant, the goods must be inspected immediately upon arrival at the place of destination. The obligation to inspect shall also apply if samples have been sent. If the inspection is not carried out, our warranty obligation for defective goods shall be void.

2. The condition of the goods shall be deemed approved if we do not receive notice of defects within 10 working days of receipt of the goods at the place of destination.
3. If a defect is not apparent during a proper inspection and only becomes apparent later, the quality of the goods in relation to traders shall also be deemed to have been approved if we do not receive notice of the defect within 10 working days of the defect becoming apparent.

4. Deviations from samples or earlier deliveries shall be avoided if technically feasible. The quality of samples or earlier deliveries does not presume an agreed quality or contractually agreed use in the sense of § 434 BGB.

5. If the goods are defective and the customer is a merchant, he shall be entitled for this to be rectified through the delivery of defect-free goods. If this rectification fails, the customer shall be entitled to a reduction in price or withdrawal from the contract.
6. The customer shall only be entitled to claims for damages due to defects in the subject matter of the contract or for other legal reasons if we or our subcontractors are accused of gross negligence or culpable injury to life, limb or health.

7. Modifications to our products are not permitted without our written consent. We do not assume any liability for such changes.

8. In relation to merchants , warranty claims against us become statute-barred one year after delivery of the goods.

E) Conditions regarding property rights

We reserve the right of ownership to all goods delivered by us until full payment of all invoice amounts, including those arising from future claims and business relationships.
If the customer defaults on payment, we shall be entitled to take back the reserved goods following a reminder and the customer shall be obliged to surrender them.
If reserved goods are installed by the customer into a new movable object, the installation shall be carried out for us without our being obliged to do so. The new item shall become our property. In the instance of installation into goods not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of our goods to the other goods at the time of installation.
If reserved goods are sold by a customer, individually or together with goods not belonging to us, the customer hereby assigns the claim arising from the resale in the amount of the value of the reserved goods with all ancillary rights and in priority to the rest. We accept the assignment.
Subject to revocation, we authorise the customer to collect the claims assigned to us. In the event of revocation, the customer shall be obliged to immediately name all customers to us and to allow us to inspect their records for this purpose.
The customer shall only be entitled to resell the reserved goods in the ordinary course of business.

F) Place of performance and jurisdiction
Boppard shall be the place of performance for all obligations arising from the delivery transaction and the place of jurisdiction for all disputes arising from this delivery transaction, including the acceptance of cheques or bills of exchange, in relation to merchants, legal entities under public law or special funds governed by public law. German law shall apply with the exception of CISG.

G) Terms of payment
1. Our sales prices as well as all offers, sales and calculations are quoted in €. The legal value added tax is to be added in each case.

2. Invoice amounts are payable free of postage and charges in Boppard/Rh.
Date of payment: 10 days after invoice date 2%, 30 days after invoice date outstanding amount.
Offsetting and withholding against our claims is excluded unless the counter claims are undisputed or have been legally established.

3. Bank drafts and cheques can only be accepted subject to applicable interest charges and banking fees and are subject to valid receipt of full payment. We are not liable for the orderly and timely notification and provision of protests.

4. Interest shall not be charged on advance or discount payments.

5. If the customer's solvency deteriorates in the period between receipt of the order confirmation and delivery or if we subsequently become aware that there are doubts about the customer's solvency, we shall be entitled to demand payment before the agreed payment date, to retain outstanding deliveries or to withdraw from the contract.

6. Payments shall only be effective if they are made to us. Payments to employees and representatives of our company are only legally valid if they are provided with a written power of attorney for collection.

H) Invalidity of individual clauses
Should individual provisions of these terms and conditions of business and delivery be or become invalid, the validity of the remaining provisions shall remain unaffected.



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