KEMMER SALES AND SERVICE: +49 7054 / 92 91 - 0

Legal notice

General Terms and Conditions

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.   Invoices are payable within 10 days from invoice date with 2% discount, or within 30 days net. For any delay in payment, we reserve the right to charge interest at the rate of 3% above the reference rate of the European Central Bank.

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.