Terms and conditions of the Ihle Group
Gerhard Ihle Hartmetalle · Werkzeuge e.K. Ihle GmbH & Co. KG Schleif- und Erodiertechnik G.u.K. Ihle Werkzeugmaschinen
Sales and deliveries under all current and future contracts only take place according to our terms and conditions laid out below. The buyer’s terms and conditions do not apply, even if they are not expressly contradicted.
Our quoted prices and stated delivery options are not binding.
An order is only accepted when it has been confirmed in writing by us or carried out. Additions, changes or additional agreements made verbally, by phone or electronically transmitted, must also be confirmed in writing in order to become effective. The buyer is responsible for the correctness of the documents that he must make available, such as drawings, samples, models, and so on. We accept no liability for such inaccuracies, unless there was gross negligence or wilful intent on our part. In the case of tools that need to be manufactured according to the buyer’s specifications (special tools), we are entitled to deliver more or less according to the following scale.
For an order size
• of up to 4 pieces = 1 piece
• of 5 to 12 pieces = 2 pieces
• of 13 to 30 pieces = 3 pieces
Otherwise up to 10% of the order size
4. Prices and payment
The prices are ex works plus VAT and shipping costs (freight, packaging, insurance). The fees incurred for post and express deliveries will be charged. Orders are shipped at the expense and risk of the buyer. Packaging is charged at cost price and will not be taken back. If there is a period of more than four months between the conclusion of a contract and the contractually agreed delivery date, we are entitled to raise the price accordingly due to increases in the cost of raw materials, energy costs, salaries and wages or other burdens due to taxes or duties. If the price increase is more than 10%, then the buyer is entitled to withdraw from the contract within two weeks of being informed of the price increase. If the contract is based on a list price, we are also entitled to charge the new list price. If not otherwise agreed, payment must be made in full within 30 days. Payments to representatives without written authority to collect are not permitted. The buyer can only offset or assert a right of retention against undisputed or legally valid counter claims.
5. Delivery times
Our specified delivery times are approximate and non-binding. If the agreed date is exceeded, then an appropriate grace period must be set. If, in the event of delay, the grace period is not observed, then the buyer can withdraw from the contract to the extent to which this is not yet fulfilled. Claims for damages for slight negligence or contractual penalties are excluded. In the event of untimely or incorrect delivery to us from our suppliers, force majeure or industrial action, breakdowns or fire damage at our plant or that of a supplier, for which we are not responsible and which hampers fulfilment of a contract, we are entitled to postpone delivery dates or withdraw from the contract, without the buyer being able to assert any claims in this regard whatsoever. The delivery period shall be deemed to have been complied with if the goods have been dispatched or the buyer has been notified that they are ready to dispatch by the end of the period.
6. Passage of risk
Once the goods are dispatched the risk passes to the buyer in all cases.
7. Notice of defects, warranty and liability
We must be notified in writing about complaints, without delay and at the latest within 10 days from receipt of the goods. In the event of a justified complaint, we shall have the option to remedy the faulty goods or supply replacement goods. We must be granted the necessary time and opportunity to do so, otherwise the warranty is rendered invalid. If the remedial work or replacement delivery fails, the buyer can demand rescission of the contract or reduction of the price. Further claims are excluded. The warranty is invalidated if the buyer changes or processes the item supplied. Our liability is only determined by the above agreements. Claims for damages by the buyer are excluded, unless there was gross negligence or wilful intent on our part.
8. Retention of title
The goods supplied remain our property until all claims from the delivery contract have been settled. If the buyer sells the delivered goods, which he is revocably entitled to do at any time within the framework of his ordinary business, the buyer herewith assigns to us the claim against his customer to which he is entitled from the sales, including any ancillary rights. If the value of these assignments exceeds our claims by more than 20% in total, then at the buyer’s request we will retransfer rights of our choice until it falls below the stated limit. The modified and processed goods are deemed to be goods subject to retention of title in the sense of these terms and conditions. If these goods subject to retention of title are processed or inseparably intermingled with other items that do not belong to the supplier, then we shall acquire co-ownership of the new goods at the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods used at the time of processing or intermingling. The resulting rights of co-ownership shall be deemed goods subject to retention of title in the sense of these terms and conditions. We are entitled to demand return of the goods delivered by us, if the buyer does not meet his payment obligations.
9. Place of performance and jurisdiction
The place of performance for all contractual obligations between us and the buyer is Königsbach-Stein. The place of jurisdiction is Pforzheim. The law of the Federal Republic of Germany applies. Should individual terms be or become ineffective, this shall not affect the validity of the remaining provisions. The parties are obligated to agree upon a provision that comes as close as possible to the intended economic purpose of the original.