Terms and conditions
All our offers are subject to change in every respect.
Our prices are ex works and do not include costs of packing and shipping. Further, the prices are based on the costs applicable at the time of the offer or order confirmation. Should these cost change, we reserve the right to adjust our prices accordingly. All prices are net, i.e. VAT will be added at the applicable rate.
Delivery dates quoted are ex works, should only be viewed as approximate and assume unimpeded operations. Interruptions of any kind, such as strikes or force majeure, and all circumstances beyond our control relieve us from our delivery obligations for the duration of the interruption and entitle us to withdraw, in whole or in part, from our obligation to perform. In the event of any other delivery delays not attributable to the interruptions set out above, we are granted a period of grace of four weeks from the time we receive an express written notice of default. This also applies when delivery on a set date has been agreed. Default penalties or claims for damages of any kind arising from delivery delays or non-performance of delivery obligations are excluded.
4. Packing and shipping costs
Packaging is charged at the cheapest rate and is non-refundable. Unless the client gives us specific instructions, we are free to choose the packaging at our own discretion. Please inform us if you wish for our products to be afforded special protection during shipping.
5. Delivery surpluses and shortfalls
We are entitled to deviate from the specified order quantity by up to 10%. Deliveries in instalments are permitted.
6. Tool costs
Tool costs are only ever invoiced at a pro-rata rate that does not cover our expenses for the design, testing and maintenance of the tools. By paying pro-rata tool costs, the client does not acquire any rights to the tools themselves.
7. Retention of title
The goods remain our property until all present and future claims arising from the commercial relationship have been met. The acceptance of a promissory note in no way affects our retention of title. If the goods subject to retention of title are resold, including after adjustments made by the client or if mixed with other parts, the purchase price is to be ceded to us to the extent that our claim is met. We must be notified immediately of any third-party access to goods subject to retention of title.
8. Protection of third-party property rights
If the property rights of third parties are breached when manufacturing our products in line with drawings, samples or other information provided by the client, the client agrees to indemnify us against any claims that result.
Complaints, including those pertaining to hidden defects, will only be recognised if made within 8 calendar days following receipt of the goods. We only assume liability for our products in so far as we will take back parts where defects have been incontrovertibly demonstrated and refund the price invoiced or, at our discretion, replace said parts. Any further claims on the part of the client are excluded.
Our invoices are subject to a cash discount of 2% if paid within 8 days. They are otherwise payable in cash within 30 days net. There is no cash discount applicable to export deliveries. Promissory notes will not be accepted without prior consent and pending full discharge of the debt. Any fees pertaining to promissory notes are to be incurred by the client. Should the client fall into payment arrears, interest is to be added to our claims from the date they become due at a rate of 2% above the Deutsche Bundesbank base rate. If we become aware of any circumstances that impair the creditworthiness of the client, or if the client falls into arrears, we are entitled to make all our claims including promissory notes payable immediately. In instances such as these, we are entitled to partially or fully withdraw from any executory contracts without notice and to invoice any expenses incurred up to that point.
11. Export deliveries
Our sales terms are also binding for export deliveries. No VAT is added to export deliveries. Any disputes are subject to the exclusive jurisdiction of German law.
12. Transfer or risk
All risk passes to the client as soon as our goods leave the factory or as soon as they are made ready for delivery. This also applies when, in accordance with special agreements, transport costs are borne by us or the goods are transported using our own means of conveyance.
13. Place of performance and jurisdiction
The place of performance for delivery and payment is Velbert. These terms and conditions are subject to the jurisdiction of the competent courts of Velbert, including for legal proceedings pertaining to promissory notes.
14. Client’s terms of purchase.
By sending an offer or order confirmation, we reject any client purchasing conditions. We are not bound by such conditions.
15. Other agreements
By placing an order pertaining to one of our offers or by accepting an order confirmation issued by us, the client unconditionally accepts our sales terms. No oral agreements are valid unless confirmed in writing. If any of the provisions set out above are invalid, this does not affect the validity of the remaining provisions. The above sales terms supersede any previous terms and themselves become invalid upon publication of a new version.
Hermann Werner Nachf. GmbH & Co. KG
Maschinen- und Metallwarenfabrik
Phone.: +49 2051 210 28
Fax: +49 2051 210 29
We are a member
Schlüsselregion e.V. is the industrial network in the Velbert/Heiligenhaus region.
We are part of it!