(1) Deliveries are being exclusively effected, according to our terms of delivery and payment. Any terms and conditions of the customer shall not be accepted by the acceptance of his order.   By accepting our order confirmation or the goods delivered by us, the buyer declares his agreement with our conditions. All agreements, met by our representatives, require our written confirmation.

(2) Delivery times are subject to change until order arrives - Subject to prior sale - they start from the date of the final order confirmation.. The delivery time is met, if by the end of the deadline, the item has left the factory or the dispatch has been notified. The delivery period shall be extended if there is significant, unforeseen events in the production, which are beyond our control, and other barriers, such as force majeure, transport delays, stoppages or labor disputes in our own factories or plants from suppliers, where such impediments to the completion or delivery of the goods are of influence. The customer is entitled to demand compensation for a disprofit, not caused by us. This compensation amounts 0,5% for each entire week of delay, but never more than 5% of the value of the item, that could not be delivered in time or could not be used according to contract. Further claims are excluded.

(3) Shipping is at the expense and risk of the buyer, unless otherwise agreed.

(4) All prices are base prices in EURO, excluding VAT, subject to change and are quoted for deliveries from Wildberg or Zella-Mehlis. The cost of packing, shipping, postage and insurance are paid by the customer.

(5) Unauthorized returns will not be accepted or burdened with 25% of the invoice value.

(6) Terms of payment, SEPA, and default

1. Due date and payment terms
   Our invoices are payable within 10 days of the invoice date with a 2% discount or within 30 days net, unless otherwise agreed in writing.
   If payment is made after the agreed discount period, we reserve the right to reclaim the previously granted discount amount.
2. SEPA payment transactions
   Transactions within the euro payment area are processed in accordance with SEPA regulations using the IBAN and, where necessary, the BIC.
3. Default and default interest
   If the customer defaults on payment, default interest of 9 percentage points above the base rate is payable (Section 288 (2) BGB in conjunction with Section 247 BGB). The occurrence of default is governed by the statutory provisions (Section 286 BGB).
4. Flat-rate default fee
   In addition, we are entitled to charge a flat-rate fee of €40 (§ 288 (5) BGB).
5. Reminders and reminder fees
   (a) The first reminder (payment reminder) is free of charge.
   (b) From the second reminder onwards, we charge a reminder fee of €5.00.
   (c) From the third reminder onwards, we charge a reminder fee of €7.50.
   Further costs (e.g. return debit note, information costs, collection/legal fees) may be claimed as damages for delay (§§ 280, 286 BGB).
6. Further reservation of damages
   We reserve the right to claim further damages in addition to interest, lump sums, and reminder fees (§288 para. 4 BGB).

(7) If, after completion of the contract, in the financial circumstances of the seller a substantial deterioration occurs or emerges, all invoices for all deliveries become due immediately. Furthermore, the seller may request a security deposit for all deliveries, already effected or agreed, or may withdraw from the contract.  

(8) The goods remain our property, until fulfillment of all obligations. If the buyer sells the goods, delivered by us, prior to the final payment, he shall, until the redemption of all of our claims, assign all claims, which may result from the sale against its customers, to us.

(9) Faulty tools are replaced free of charge within the statutory time. We accept no liability for damage resulting from the incorrect use of the tools. Likewise, the liability for indirect damages, for whatever reason they may arise, is excluded. Further claims by the purchaser, in particular claims for damages that are not incurred in the delivered item itself, or based on the violation of property rights, are excluded. This also applies to wrongful acts.

(10) The dimensions, listed in our documents, pictures and descriptions, correspond to the time of printing and may be subject to change from time to time.

(11) Place of fulfillment is the place of dispatch. Place of payment is Wildberg. Jurisdiction is Stuttgart.

(12) The prices match our Euro-price lists, valid at a time. Please request the latest version via info@kemmerhmw.de.

(13) German substantive law shall apply to this Agreement.