1. Contracts and services
For all contracts and other legal relationships only our conditions below shall apply. Special conditions of the client which contradict our Conditions of Business shall only apply if we have given our express agreement to this effect in writing. The rights of the client are not transferable without our consent. Verbal or telephone additional agreements or other deviations shall only be valid if these have been confirmed by us in writing.
2. Offer and pricing
Our offers are subject to change and not binding with regard to price, quantity, delivery date and availability. The purchase contract only comes into effect following issue of our order acceptance, receipt of which constitutes the client's acceptance of the terms of supply and payment, this also applies for all future transactions.
Any conditions of the client which deviate from these above conditions shall not be binding on us even if we have not expressly rejected these.
Our prices are calculated on the basis of current costs. We reserve the right to amend prices insofar as there is a change in the cost situation.
The minimum order value is EUR 30. There is an extra charge of EUR 7,50 for smaller quantites.
We deliver to specialist weapon shops only.
3. Delivery period
The delivery period commences on receipt of all the documents required to implement the order and any agreed deposit.
The delivery period stated in the offer can normally be met providing an order is issued immediately, the precise delivery date is not defined until receipt of the order but in all cases must be seen as not binding. In the absence of any stipulated requirement from the client, method and route of despatch will be selected using our best judgement.
Part deliveries are permitted. We reserve the right to effect delivery of up to 10% above or below the quantities ordered.
4. Delays in supply
War, interruption to business, shortage of raw materials, traffic delays, strike, government decrees or Acts of God which cause performance of the contract to be ceased entirely or in part shall exempt us from the obligation to supply for the period of the interruption and to the extent of the consequences thereof. Furthermore, such events shall entitle us to withdraw from the contract in whole or in part without the client being entitled to damages.
If we have not withdrawn from the contract then the client remains obligated to accept the goods despite the delay in delivery.
5. Transfer of risk
Our supply obligation is deemed to have been met in full and the risk pass in every respect to the client once the goods have left our factory. This shall also apply if the goods are delivered by us carriage free or using our own modes of transport. The client is free to conclude any transport or other insurances.
Following straightforward acceptance of the consignment by a freight transport company, any liability on our part for incorrect packaging or loading as well as for damage occurred en route is excluded.
Goods which the client has to collect from us in accordance with the terms of the contract will be stored at the client's risk from the date on which the client has been notified that the goods are ready for collection.
6. Liability for defective delivery
Complaints about consignments must be notified to us in writing without delay, no later however than within 10 days after receipt of the consignment at the destination, documented if necessary by a return of the goods forming the subject of the complaint. In the absence of this notification the consignment shall be deemed to be in perfect order.
If the client issues a justifiable complaint against the goods supplied then it shall only be entitled to return the goods providing the goods are in the original condition as delivered. Complaints do not entitle the client in any event to claims for damages, conversion, reduction or to withdraw from the contract.
The right is reserved in respect of engineering tolerances standard for the sector or caused by the nature of the materials. Our details on properties, processing and application of our products have been collated on the basis of tests and trials carried out conscientiously and based on our practical experience for the purpose of providing a thorough description of the products and good advice to potential clients. However, in view of the diversity of use and method of working no guarantee can be given in the individual case, this includes with regard to patent law.
Unless agreed otherwise in the offer or the confirmation of order, the packaging will be billed separately. We will only take back packaging and issue a credit for an individual amount if this is expressly stated in the offer or the order acceptance.
We request payment on time upon agreement and then documented in our acknowledgement. We can only acknowledge payments as having been legally effected where these are paid to a bank or giro account stated on our invoices. Payments received are first set against interest payments and costs, then against the longest outstanding claims. Discounts will only be granted in the event of all payment obligations having been met in full, including those from previous deliveries. In the event of failure to meet the payment periods the client shall be deemed to be in arrears without the need for a reminder. The current valid bank interest rate plus costs and commission will be charged as arrears interest.
Cheques - at no cost to us - shall only be counted as payment once these have been redeemed. We generally don't accept any bills of exchange as instrument for payment.
The client is not entitled to any right of retention of payment or offsetting.
Whilst due invoice amounts remain unpaid we are exempt from effecting further deliveries or we can demand cash payment or payment of guarantees prior to delivery for all outstanding deliveries. This shall also apply if, after the contract is signed, unfavourable information leads us to doubt the client's solvency or if, in our opinion, the client's situation is to be seen as deteriorating for other reasons. In both cases the client has no entitlement to counterclaims.
9. Retention of title
We retain ownership of all goods supplied until the client has effected full and final payment for all claims arising from the business relationship.
Attachments issued by third parties must be notified to us without delay. The goods may not be assigned to third parties as collateral. In the event of delay on the part of the client we can demand return of the goods without withdrawing from the contract.
The client is entitled to process the goods within the framework of its normal course of business. The retention of title also extends to the new items created through the processing. In the event of the goods being combined or mixed with items not belonging to the client, co-ownership is acquired in accordance with §§ 947, 948 BGB.
The client is entitled to resell the goods within the framework of its normal course of business. The claims created in this context are deemed to have been transferred to us for our free disposal. The client gives an undertaking to notify us on demand of the names of third party debtors and the amounts of the claims. The client is only entitled to collect the transferred claims insofar as it meets its obligations to us. It must immediately transfer to us the amounts collected as well as claims due to us. Insofar as this does not take place these items shall also become our property and must be shown separately.
10. Tools and equipment
which are manufactured by us or a third party on our behalf are fundamentally our property in view of our development and design work but used exclusively for orders of the client. Use for other purposes shall require express agreement between ourselves and the client. The costs for the manufacture of the tools are met by the client.
We store the tools with care and maintain them for follow-up orders. We shall not be liable for damage which occurs despite improper use. Our obligation to store these items expires if no further orders are received from the client within 2 years following the last delivery.
We are not obligated to accept repeat orders nor bound by the prices which are agreed for a previous order.
Industrial property rights: insofar as we have to supply items based on drawings, models or samples which the client supplies to us, the client gives a guarantee to us that the manufacture and supply of the items does not breach the industrial property rights of third parties.
Insofar as we are prohibited by a third party from manufacturing and supplying items which are produced on the basis of drawings, models or samples of the client, with reference to an industrial property right owned by this party, we are entitled to cease production and delivery and to demand reimbursement of the costs incurred - without being obligated to verify the legal situation - to the exclusion of all claims for damages by the client. The client gives an undertaking to immediately indemnify us against third party claims for damages. On our instruction, the client must pay an appropriate sum in advance for all direct and indirect losses which are incurred in any event through the breach and assertion of any industrial property rights. Samples or drawings sent will only be returned on request. In the event that no order comes to fruition we are entitled to destroy samples and drawings 3 months after issue of the offer.
11. Place of performance and jurisdiction
Place of performance for both parties is Königsbronn (Württ.). Exclusive jurisdiction for all disputes arising directly and indirectly from the business relationship is in Heidenheim.