General Assembly, Sales and Delivery Conditions
For all assembly work and deliveries, only the following conditions apply. Any deviating terms and conditions of the
Any agreements
to the contrary are only valid if confirmed by us in writing.
The invalidity of any of the following conditions does not affect the validity of the other assembly and delivery conditions. The foreign client submits to German
law.
Assembly Conditions
I. Selection of assembly personnel
1. We ensure careful and proper instruction of our assembly personnel.
2. We reserve the right to determine the number and composition of our assembly personnel.
II. Price and Payment Conditions
1. Assembly costs are generally calculated based on time spent.
2. The settlement of assembly costs is based on the valid assembly rates on the day of assembly.
3. All costs are net, and the statutory value-added tax is additionally charged.
4. Assembly invoices are due without deduction immediately upon receipt. For assemblies over a longer period, we are entitled to issue monthly partial invoices.
berechtigt, monatliche Teilrechnungen zu stellen. Skontoabzüge bei Montagearbeiten sind ausgeschlossen.
III. Scope of Assembly
The scope of assembly includes the following work:
1. Dismantling of old bands
2. Das Auflegen und verschweißen neuer Bänder
3. Test run
All ancillary work such as cleaning of equipment, locksmith work, electrical installations, etc.
are not included in the scope of assembly. Any additional work desired
by the client that does not belong to the assembly work must be clarified with us beforehand and require written
confirmation. The client is obliged to support us at his own expense during the execution of the assembly work, e.g. by providing auxiliary personnel. In particular, all equipment
required for assembly, such as VDE- compliant power cables to the assembly site, work platforms, etc., must be provided by the client. If no special agreements
have been made, the regulation of belts
on new systems can only be carried out in the presence of an authorized employee
of the contracting party. We cannot be held liable for any damage that occurs
during the regulation work.
Binding agreements or changes to the scope of assembly or schedule can only be made with our respective sales representatives and not
with the assembly personnel.
IV. Duration of Assembly
All information about the duration of assembly work is non-binding. We carry out work as quickly as possible.
V. Acceptance
1. Each work is to be accepted and confirmed by the client or his representative upon completion.
2. With the acceptance, the risk and responsibility for the proper configuration of the system pass to the client.
3. The client cannot refuse acceptance of the assembly and the delivered goods if it is a non-significant defect and we have agreed to rectify the defect.
4. If, for any reason not attributable to us, acceptance cannot be made upon completion of the assembly work, the delivery and assembly shall be deemed
accepted on the day our assembly personnel depart.
Sales and Delivery Conditions
VI. Reservations and Conclusion of Contract
All offers are subject to change without notice. The purchaser is bound to orders for up to four weeks. The purchase contract is concluded when the supplier confirms
acceptance of the order of the specified delivery item within the specified period or carries out the delivery. Side agreements are only considered agreed upon if they
are confirmed in writing. Transfers of rights and obligations of the purchaser from the delivery contract require the consent of the supplier.
VII. Scope of Delivery
Dimensions, weight, and performance specifications are binding. Minor changes to the design, equipment, color tone, and values indicated in the description are
reserved, provided that there is no deterioration in the purchased item.
VIII. Prices for Goods Delivery
The price of the delivery item is understood to be without discount and other allowances, plus value-added tax in euros ex works. Agreed ancillary services such as
transport costs, packaging, insurance, etc. will be charged additionally. Prices are binding for deliveries within four months of the conclusion of the contract.
Thereafter, the prices valid on the day of delivery are always considered agreed upon. If there is an increase of more than 10% of the originally agreed total price, the
purchaser is entitled to withdraw from the contract regarding the delivery not yet accepted.
IX. Payments
Payments are to be made to the account specified by us in the invoice. The purchaser can only set off claims against the supplier if the counterclaim is undisputed or
a legally valid title exists. A right of retention can only be asserted to the extent that it is based on claims from the delivery contract. Our delivery invoices are due
immediately upon receipt without deduction. For payment within 10 days of the invoice date, we grant a 2% discount. If the payment term is exceeded, we will charge
default interest of 5% above the base rate 30 days after the invoice date. We charge a fee of €5.00 for invoice reminders. After the deadline set by the reminder has
expired, we will transfer our claim for collection.
X. Deliveries and Delivery Delays
Delivery dates, which can be agreed as binding or non-binding, must be specified in writing. Delivery dates begin with the conclusion of the contract. The readiness
notice of the supplier is always decisive for the timeliness of delivery. If the order is divisible, partial deliveries are permissible. In this case, each partial delivery is
considered the fulfillment of an independent contract. Two months after exceeding a non-binding delivery date, the purchaser can request the seller to deliver. Upon
receipt of the request, the supplier is in default. If the purchaser is entitled to damages for delay, such damages are limited to a maximum of 5% of the agreed delivery
price if the supplier is only slightly negligent. If the purchaser wishes to withdraw from the contract and/or claim damages instead of performance beyond this, the
purchaser must set a reasonable deadline for delivery to the supplier after the expiry of the two-month period. If the purchaser is entitled to damages instead of
performance, the claim is limited to 25% of the agreed delivery price if the supplier is only slightly negligent. If the purchaser is an entrepreneur acting in the course of
his or her commercial or self-employed activity at the time of conclusion of the contract, claims for damages due to slight negligence are excluded.
If a binding delivery date is exceeded, the supplier is in default one week after exceeding this delivery date. The purchaser’s rights are then determined as previously
described. Force majeure at the supplier or its suppliers, operational disruptions that temporarily prevent the supplier from delivering at the agreed date without its
own fault, extend the previously mentioned deadlines and periods by the duration of the performance disruptions caused by these circumstances. If the disruptions
lead to a postponement of more than four months, both the purchaser and the supplier can withdraw from the contract without liability for damages. Other rights of
withdrawal remain unaffected.
XI. Acceptance
The purchaser is obliged to accept the purchased item within 14 days of receipt of the readiness notice. In the event of non-acceptance, the supplier may exercise its
legal rights. If the supplier claims damages, these amount to 15% of the list price. The amount of damages is to be set higher or lower if the supplier proves a higher
or the purchaser proves a lower damage.
XII. Shipping
Shipping is always at the expense and risk of the recipient. If not otherwise agreed, the most appropriate mode of shipment will be chosen. The supplier is not obliged
to take out insurance. Packaging material is charged at cost by the supplier. Unless otherwise agreed, a general packaging fee of €10.00 will be charged. Transport
damage must be immediately recorded with the carrier in a damage protocol, which must be signed by the carrier. The supplier must be informed immediately of any
transport damage.
XIII. Retention of title
The delivered goods remain the property of the supplier until the supplier’s claim arising from the delivery contract has been settled. If the purchaser is a business and
acts in the exercise of their commercial or self-employed activity at the time of concluding the contract, the reservation of ownership also remains until all claims from
the business relationship with the purchaser have been paid. The purchaser may not encumber the goods and, in the event of attachment, must inform the supplier
within 3 days, enclosing the attachment protocol. The purchaser bears the costs of any interventions, to which the supplier is not obligated. As long as the reservation
of ownership exists, the purchaser is liable for the loss of the goods due to theft, water, fire, etc. The purchaser is entitled to sell the goods or the items produced from
them in the proper course of business. The claim resulting from the resale to third parties is assigned to the supplier as security, without the need for a separate
agreement in detail. As long as the purchaser fulfills their payment obligations to the supplier, they are entitled to collect the assigned claim on behalf of the supplier.
The purchaser is obliged to provide the supplier with information about third-party debtors and the amount of the assigned claim at any time. The supplier can notify
the third-party debtor of the assignment as soon as the purchaser is in default with payment. Furthermore, in the event of default by the purchaser, the supplier has
the right to take back the goods, without prejudice to their claims, and/or to withdraw from the contract. If the supplier takes back the goods, the supplier and
purchaser agree that the goods will be sold at the ordinary sales value. The purchaser bears the risk of realization, unless they prove to the supplier that there is an
opportunity for realization. The purchaser bears all costs of the return and disposal of the goods. The disposal costs are 5% of the ordinary sales value without proof.
They are to be set higher or lower if the supplier proves higher or the purchaser lower costs.
XIV. Defects of the Object of Delivery
Claims of the purchaser due to defects of the object of delivery expire in accordance with the statutory provisions from the delivery of the goods. In the case of used
goods, the purchaser’s claims expire one year from the delivery of the goods. The sale of used goods to businesses is made without any liability for defects. Claims
remain unaffected in the case of assuming a guarantee or in the case of fraudulent concealment of defects.
Final Provisions for Installation and Delivery Conditions
XV. Place of Performance
The place of performance is 72124 Pliezhausen for both parties.
XVI. Jurisdiction
The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants is the place of jurisdiction of the registered
office of Luis Band Service GmbH. The same place of jurisdiction applies if the purchaser has no general place of jurisdiction in the country after concluding the
contract, moves their place of residence or habitual residence abroad, or if their place of residence or habitual residence is unknown.
From Germany to the whole world
Luisbeltingsolutins GmbH
Robert-Bosch-Str. 5, 72654
Neckartenzlingen Germany
Tel.: +49 7127 / 98 01 83
Fax: +49 7127 / 98 03 83
Mobil: +49 160 / 90 32 80 27
info@luisbeltingsolutions.com