Terms and Conditions

Terms of delivery Nohau Industrie Elektronik Production System GmbH

Our deliveries are made exclusively in accordance with our written order confirmation and these delivery conditions. Deviating purchase conditions of the customer are not recognized by accepting his order. By carrying out the order and accepting the goods delivered by us, the customer confirms his consent to the following conditions.
1. Price and acceptance
1.1 Unless otherwise stated, the prices apply exclusively to VAT and packaging.
1.2 The customer can only offset claims that are undisputed or legally binding.
1.3 Invoices are due within 14 days of receipt of the invoice. If the invoice is not paid within 14 days after receipt of the invoice, the customer is in default of payment at the latest at this point in time and we can claim interest on default and further damage caused by default. If the time of receipt of the invoice is uncertain, the customer is in default no later than 14 days after the due date and receipt of the consideration. In the event of default of payment by the customer, we are entitled to charge default interest in the amount of the respective base interest rate. We are entitled to prove higher damage in individual cases. We demand an unjustified retention of discounts and interest on arrears.
1.4. After the order has been completed, we will inform the client about the completion of our services. The customer is obliged to accept our services unless acceptance is excluded after the condition of the work. Due to insignificant defects, acceptance cannot be refused. It is the same for acceptance if the customer does not accept our services within a period specified by us, although he is obliged to do so.
2. Delivery time
2.1 An agreed delivery period begins on the date of our order confirmation. Compliance with the deadline requires the timely receipt of all documents to be delivered by the customer, the necessary permits, releases, the timely clarification and approval of the plans, compliance with the agreed payment conditions and other obligations. If these requirements are not met in time, the period will be extended appropriately. The delivery period is met if the delivery item has left our factory by the time it expires or if the customer has been informed of the readiness for dispatch.
2.2 The delivery period is extended appropriately for the occurrence of obstacles caused by force majeure. This also includes strikes and lockouts, even if we have entered into subcontractors from us. If the deadline is not observed for other reasons, the customer can demand compensation for default in the event of damage. It is 0.5% for every full week of the delay, but no more than 5% of the value of the total delivery part, which cannot be used on time or not in accordance with the contract as a result of the delay. The corresponding amount is to be offset against a possible claim for damages due to default according to §§ 4, 6. The customer’s right to withdraw after the unsuccessful expiry of a reasonable grace period set us with a threat of rejection in accordance with §§ 2.3 and 2.4 remains unaffected. The risk also passes to the customer in the case of carriage-free delivery if the shipment has been shipped or picked up. Partial deliveries are allowed.
2.3 The customer is entitled to withdraw from the contract for the late delivery if the supplier is in default and a reasonable grace period set by the customer with the threat of rejection has expired fruitlessly. Claims for damages are excluded, subject to the regulations in §§ 4 and 6.
2.4 The customer is obliged, at our request, to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in delivery and/or demands compensation instead of the service in accordance with §§ 4, 6 or insisted on the delivery.
3. Retention of title
3.1 We reserve ownership of the delivered goods until all claims to which we are entitled from business relationships with the customer have been redeemed. The customer is entitled to resell the delivered goods within the scope of his proper business operations. The customer already assigns us all claims to which he is entitled from the resale with ancillary rights. The assigned claims serve to secure all claims according to paragraph 1. He must inform us immediately of any impairment of the rights to the objects owned by us. If the customer is in default with his obligation to pay us, or if he violates any of the obligations arising from the agreed retention of title, the entire remaining debt is due immediately. In this case, we are entitled to demand the return of the goods and to collect them from the customer. The customer has no right to possession.
3.2 The customer is permitted to process the goods subject to retention of title, to transform them and to connect them to other items. The processing or transformation is done for us. We become directly the owner of the item made by processing or transformation. The processed or transformed item is considered reserved goods. In the case of processing, transformation or connection with other items not belonging to us, we are entitled to co-ownership of the new item in the amount of the share that results from the relationship between the value of the processed, transformed or connected reserved goods at the value of the new item. The share of the receivables assigned to us has priority over the other claims.
3.3 If the value of the fuses exceeds our claims against the customer by more than 20%, we are obliged at the request of the customer to release the collateral to which he is entitled at his discretion.
3.4 We are not entitled to withdraw from the contract in any assertion of the retention of title, a withdrawal or a seizure of the delivery item. In the case of withdrawal, we are entitled to use the items in the best possible way after prior threat and reasonable deadlines. The proceeds from the sale will be offset against our claims after deducting reasonable exploitation costs. Any remaining additional proceeds will be paid to the customer.
4. Liability for Defects
4.1 The customer must inspect the goods received immediately after arrival for defects and guaranteed quality. Obvious defects in the delivery, he must report hidden defects to us in writing at the latest within seven days of discovery, at the latest within seven days of receipt of the delivery. Otherwise, the delivery is considered approved.
4.2 The Purchaser shall give us the opportunity to review the complaint, in particular to provide damaged goods and their packaging for inspection by us. If he refuses to do so, we are exempt from liability for defects. Only in urgent cases of endangerment of operational safety and to prevent disproportionately large damage, whereby we are to be informed immediately, or if we are in default with the remedy of the defect, the customer has the right to have the defect remedy himself or by third parties and to replace it by us to charge the necessary costs.
4.3 Defective goods we have to repair or replace at our expense within a reasonable period of time set by the customer at our discretion. Replaced goods becomes our property and must be returned to us. If a repair or replacement delivery is not possible or for other reasons for which we are responsible, it is not possible or fails within the period specified by the customer, the customer can withdraw from the contract for defective delivery or reduce the purchase price at his discretion.
4.4 We shall bear the costs of the replacement item including shipping, insofar as the complaint proves to be justified, of the direct costs incurred by the repair or replacement delivery. Any costs incurred by the customer are borne by the customer himself. The customer has to pay the necessary assembly and travel expenses that are incurred in connection with unjustified complaints about defects. Any changes or repair work made improperly made by the customer or third parties without our prior written permission, our liability for the resulting consequences will be lifted.
4.5 Claims of the customer due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded, insofar as the expenses increase because the object of the delivery has been subsequently transferred to a location other than the customer’s branch, unless the shipment corresponds to its intended use.
4.6 We are not liable for damage to the goods caused by natural wear, wear and tear, unsuitable, improper or non-contractual use, incorrect assembly or commissioning, excessive use or improper modification, repair or repair work arise from the customer or third parties, or due to incorrect or careless treatment, provided that these are not due to our fault.
4.7 Further claims of the customer, in particular for damages instead of the performance and for compensation for other direct or indirect damage – including accompanying or consequential damage, for whatever legal reason – are excluded. This does not apply if
a) we have fraudulently concealed a legal or material defect or have assumed a guarantee for the quality of the goods,
b) the damage is based on intent or gross negligence on the part of us, our legal representatives or vicarious agents or a negligent breach of essential contractual obligations – these are duties whose fulfillment enable the proper execution of the contract in the first place and on whose compliance the customer regularly trust may – based on these persons, or
c) a culpable breach of duty by us, our legal representatives or vicarious agents has resulted in bodily or health damage. In the case of simple negligence, however, our obligation to compensate is limited to the foreseeable damage typical of the contract.
4.8 The provisions according to § 4.7 apply accordingly to direct claims of the customer against our legal representatives or vicarious agents.
4.9 All claims for defects by the customer, including the claims for damages regulated in §§ 4.7 and 4.8, expire one year after delivery of the goods to the customer. For replacement items and repairs, the statute of limitations is 1 year, but it runs at least until the original limitation period for the delivery item has expired. The period for liability for defects in the delivery item is extended by the duration of the business interruption caused by the repair work. Regulations regarding an approximately shorter service life of the delivery item within the scope of its intended use remain unaffected by this statute of limitations.
5. Contract Adjustment
5.1 If unforeseen events within the meaning of § 2.2. If the economic importance or the content of the delivery changes significantly or has a significant effect on our company, the contract will be adjusted according to the additional costs incurred. This does not apply within the first four months after the conclusion of the contract.
5.2 If this is not economically justifiable, we have the right to withdraw from the contract. In the case of a contract adjustment according to § 5.1. the customer is entitled to withdraw from the contract within a period of 5 working days after receipt of the adjustment notice.
5.3 If a party withdraws from the contract, it must inform the other party immediately after knowledge of the scope of the event, even if an extension of the delivery time was initially agreed.
5.4 The regulations on the disruption of the business basis (§ 313 BGB) remain unaffected by this.
6. Other claims for damages
Further claims for damages by the customer, for whatever legal reason, in particular due to breach of obligations arising from the obligation or unauthorized act, are excluded. This does not apply to the extent mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, due to injury to life, body or health or due to breach of essential contractual obligations. The claim for damages for the breach of essential contractual obligations – these are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely – is however limited to the contract-typical, foreseeable damage, unless intent or gross negligence or is liable due to injury to life, body or health. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
7. Copyright
The Supplier reserves full ownership and copyright exploitation rights to drawings and other documents.
8. Jurisdiction, Applicable Law
8.1 The place of jurisdiction is, if the customer is a merchant, at the court responsible for our head office.
8.2 German law applies to the contractual relationship, excluding the UN Sales Convention (CISG).
8.3 If a provision of these terms of delivery is or becomes invalid for any reason, the validity of the remaining provisions shall remain unaffected. The parties are obliged to replace the invalid provisions with a regulation that is as equal as possible to them in economic success.