ASSMANN WSW components GmbH
Auf dem Schüffel 1
+49 (2351) 5542-00
+49 (2351) 554-861
Authorized representatives responsible for the content
Frank Walter, Geschäftsführer
Bernd Weidenhammer, Geschäftsführer
General terms of delivery and conditions of sales
For customers with registered office abroad:
1. Place of Performance, Place of Jurisdiction
The place of jurisdiction and performance for all disputes directly or indirectly resulting from the contractual relationship, including actions arising out of bills of exchange, shall be the court with jurisdiction for Lüdenscheid.
2. Choice of law, Business Relations in Transactions with Foreigners
Contracts concluded with customers that do not have their registered offices in Germany shall be governed by German law including the United Nations Convention on Contracts for the International.
Sale of goods, unless these are supplemented or amended by the following conditions:
2.1. Our offers are binding, unless expressly designated as without engagement.
2.2. The contract goods shall be delivered EXW in accordance with Incoterms 2000.
2.3. Title to the contract goods shall passed to the customer only upon their payment in full.
2.4. Unless agreed otherwise, payment must be in Euro. If the customer fails to pay at maturity, commencing from the time of maturity interest have to be paid in the amount of 8 % above the current base rate of the European Central Bank.
2.5. The delivered goods must be inspected immediately. Any complaint, that the goods are not in conformity with the contract must be raised immediately. In any case, a plea that the goods are not in conformity with the contract, even in the case of hidden defects, shall be subject to a preclusive period of 6 months from the time of receiving the goods.
2.6. All claims of the customer due to the goods not being in conformity with the contract shall become statute-barred in 6 months, commencing from the days of the timely plea as provided under item 2.5.
2.7. If the goods are not in conformity with the contract, notwithstanding Art. 46 of the Convention, we shall have the right to deliver a replacement instead of the subsequent improvement. In this case the customer must make the goods that are not in conformity with the contract available to us at our expense.
2.8. We must only pay damages on account of the goods not being in conformity with the contract if we are at fault with regard to this lack of conformity with the contract. The claim for damages is limited to the max. amount Euro 25,000.00.
2.9. The ineffectiveness of individual provisions of these Standard Terms and Conditions shall not affect the legal validity of the contract in other respects.
2.10. The place of jurisdiction shall be the registered office of the seller; we are however also entitled to file an action against the customer at its general place of jurisdiction.