Delivery periods, delivery dates
- The delivery periods and dates specified by Pickardt eK are not binding.
- The delivery periods shall commence with the receipt of the order confirmation, but not before complete clarification of all details of the order and the provision of any necessary domestic and foreign official certificates. Delivery periods and dates refer to the time of delivery, i.e. dispatch ex works or ex warehouse; they are also deemed to have been met upon notification of readiness for dispatch if the goods cannot be dispatched in time through no fault of Pickardt eK.
- The agreed delivery period is extended - without prejudice to the rights of Pickardt eK from default of the buyer - by the period during which the buyer is in default with his obligations from this or another contract, plus a reasonable start-up time.
- Partial deliveries are permissible, as far as they are reasonable for the buyer. Each partial delivery shall be considered an independent transaction.
- Pickardt eK is entitled to withhold outstanding deliveries if the buyer does not meet his payment obligations or if there is a justified concern that he will not be able to meet them (right of retention). In any case, Pickardt eK reserves the right to deliver against prepayment or cash on delivery.
Force majeure and other delivery hindrances
- Events of force majeure, such as strike, lockout, mobilization, war, blockade, export and import bans, lack of raw materials and fuel, fire and other circumstances for which Pickardt eK is not responsible, entitle Pickardt eK to postpone the delivery for the duration of the hindrance and a reasonable start-up time. This applies regardless of whether the aforementioned circumstances occur at Pickardt eK, the pre-suppliers or one of the sub-suppliers.
- The buyer can demand a declaration from Pickardt eK whether delivery will be made within a reasonable period of time or whether one wishes to withdraw from the contract. If Pickardt eK does not declare within a reasonable period of time, the buyer for his part can withdraw from the part of the delivery that has not yet been fulfilled.
Liability for material defects
- The statutory provisions shall apply to the inspection of the goods and notification of defects, with the proviso that we must be notified immediately in writing of any defects in the goods. Defects which cannot be discovered immediately after delivery even with the most careful examination must be reported in writing immediately after discovery, with immediate cessation of any processing or treatment. In all cases, the goods must be kept ready for inspection in unchanged condition after discovery of the defect. If the customer violates the obligation to notify or if he processes or treats the goods after discovery of the defect or if he does not make the goods available for inspection, the goods shall be deemed approved. At our request, the rejected goods must be returned to us carriage paid. The above provisions of this paragraph shall apply accordingly in the case of production of a work.
- The liability for material defects shall not apply if the customer modifies the delivered goods himself or has them modified by third parties without our consent and the remedying of the defect is thereby rendered impossible or unreasonably difficult. In any case, the customer shall bear the additional costs of the removal of defects arising from the modification.
Defects and warranty
- All goods must, at the discretion of Pickardt eK, be repaired, redelivered or provided again free of charge (supplementary performance) if - regardless of their operating time - they show a material defect within the limitation period and the cause of this defect was already present at the time of transfer of risk.
- Pickardt eK must first always be given the opportunity for subsequent performance within a reasonable period.
In the case of justified, timely notification of defects, we may, at our discretion, either remedy the defect or deliver goods free of defects (subsequent performance). The place of performance for subsequent performance is our registered office. In the event of failure and/or refusal of subsequent performance, the customer is entitled to the statutory rights. If the defect is not substantial and/or the goods have already been sold, processed or redesigned, the customer is only entitled to the right to reduce the price.
- There shall be no claims based on liability for defects in case of insignificant deviation from the agreed quality, insignificant impairment of usability, natural wear and tear or damage arising after the transfer of risk as a result of faulty or negligent handling or other special external influences.
- The buyer's legal rights of recourse against Pickardt eK exist only insofar as the buyer has not made any agreements with his customer that go beyond the legal claims for liability for defects.
- The amount of any compensation to be paid is limited to the cost price (e.g. transport and material costs) of the buyer, but not to his profit margin vis-à-vis his customer.
- Further claims of the buyer against Pickardt eK and its vicarious agents for material defects are excluded subject to the provisions of these terms and conditions.
- Claims due to liability for defects become time-barred one year after delivery.
- Claims of the buyer for damages resulting from the violation of ancillary obligations under the purchase contract, which do not consist of a defect, shall also become time-barred after one year.
Return of goods
- Goods will only be taken back if they are current, in their original packaging and resalable and if Pickardt eK has given its prior written consent. The return shipment must be free of charge.
A credit note for originally packed and resalable goods will be issued with 80% of the calculated price. Costs for any reconditioning and repackaging will be additionally reduced. The credit note can only be offset against new deliveries of goods. Insulated tools cannot be taken back for safety reasons.
H.W. Pickardt eK Signiertechnik
Königstrasse 156 b
D-42853 Remscheid / Germany