Terms & Conditions
for BDS Maschinen GmbH, Martinstraße 108, 41063 Mönchengladbach, Germany
1.Validity of General Terms
Our sales and business conditions refer to all orders which are transmitted to BDS Maschinen GmbH either by letter, e-mail or telephone. Any different terms of business used by the other contracted party shall not be recognized by us if these are not approved by the written consent of BDS Maschinen GmbH.
The general delivery conditions are “ex works”. The risk for the goods passes on to the buying partner as soon as they are handed over to the forwarding agent or courier at least when the goods leave the factory plant even if we are charged to execute the delivery on truck. The same is valid for courier services. Should the buyer not accept the contracted forwarder or courier recommended by BDS Maschinen GmbH he shall send the forwarder to BDS Maschinen GmbH at his own cost. In a case where after having placed an order to BDS Maschinen GmbH –circumstances occur that do not allow for fulfillment of the delivery like “force majeure”, missing availability of raw materials or semi finished products, war, strike, vandalism – BDS Maschinen GmbH is allowed to abstain from delivery of the ordered goods and suspend the contract. Should any unforeseen material supply or production problems occur then BDS reserve the right to extend the delivery time for a limited period. The seller / producer will be allowed to make a partial shipment if the delivery is interupted by production faults. In that case back orders will be delivered without charge for transport. In case of delivery-on-call or frame work agreements every delivery will be handled as an individual order based on above sales conditions. Frame work orders and on call agreements cannot last more than 12 months.
Recall orders or goods to be returned to the seller cannot be shipped without announcement and agreement by the supplier. Return shipments on a freight collect basis will be rejected if not agreed upon beforehand. In case of authorized return of BDS goods – cutters, machines etc. – we will apply an administration fee of 15% based on the amount of the returned goods.
4. Prices, Quotations and Adjustment
Our prices which appear in catalogues or additional price lists are end user prices excluding turnover tax (TVA). The prices are quoted “ex works” – packing and shipping costs are excluded.
5.Terms of Payment
All invoices are to be paid as agreed between both parties. If not agreed invoices have to be settled by advanced payment. If agreed with the supplier payment can be effected by CAD (cash against documents) for invoices not inferior to 5.000,-€ bank charges and fees are to be borne by both parties, 50% by each partner. If after signing a contract or order confirmation the economic situation of buyer becomes critical, BDS Maschinen GmbH has the right to abstain from delivery or reclaim the goods. If payment is not made within the agreed time we have the right to charge interest which our bank charges to BDS Maschinen GmbH at least 6% above the basic rate for interest which the European Central Bank applies in the corresponding period.
6.Reservation of proprietary rights
We reserve the right of proprietary on all delivered BDS goods until all claims are fulfilled and invoice amount has been fulfilled completely. The buyer is obliged to secure our rights in case that goods have already been sold out to his customers. Goods can be sold only under the clause of “reservation of proprietary rights”. The buyer cedes to us for reasons of security all claims and rights related to the sale on which we have property. Hereby we accept the cession. The buyer is obliged to inform BDS Maschinen GmbH if third parties intend to initiate an executory process on the goods for which proprietary rights are reserved.
7.Guarantee – material defects
BDS Maschinen GmbH will not respond to unsuitable or careless use, faulty installation by the user, misuse by not respecting all instructions in the user manual. Guarantee is fixed on 1 year for faults of the product if it is caused by the producer in the factory. Normal wear and tear, wrong use or careless treatment are not covered by guarantee. Modifications or repairs made in an inappropriate way will not be accepted. In case of justified warranty claim the buyer has to send the goods at his own charge to the producer’s factory. The return shipment is covered by the production company BDS Maschinen GmbH. Defective material, machine and similar devices must be claimed within 2 weeks after receipt.
If the buyer does not take over the material, machine or other ordered device the seller will concede an extra delay of 14 days to accept the merchandise. In case that the reminder is without any effect, the seller will abstain from his obligation to fulfill the contract. The seller has the right to claim all costs and charges, provoked by negligence or cancellation of the contract.