General terms of sale, delivery and payment of Lee Spring GmbH
Scope of application
The following terms of sale, delivery and payment apply to all contracts entered into by us, deliveries and other services, including consulting services and information
They also apply to all future contracts with the customer, as well as for future deliveries and other services to be rendered to him.
We hereby expressly contradict any other terms and conditions.
Offers / price lists
All our offers are subject to change. Intermediate sales are reserved for standard items. Our offers are valid for 30 days from the date of the offer. All prices are net, plus any applicable taxes, statutory fees and / or additional costs. Price lists are subject to change and are not binding. Your max. Validity ends on December 31st. the year in which they were created. Only the prices listed in our order confirmations are binding.
All orders or their changes by the customer require the written acceptance to be valid on our part in the form of an order confirmation. The dates listed in the order confirmation are understood to be outgoing with us. We reserve the right to charge a service fee of EUR 15.00 for orders with a net value of less than EUR 50.00. This does not include any shipping costs that may arise, which can be invoiced separately. We do not accept penalties for delay, claims for damages, expense allowances or similar charges on the part of the customer that were not expressly part of the contract in advance and were not expressly recognized by us in writing. The place of performance for all parties to the sales contract is Lüdenscheid.
All of our deliveries are made to FCA Lüdenscheid (see INCOTERMS 2020). The risk of loss or damage to the goods during transport is transferred to the buyer when we hand them over to the carrier.
We reserve the right to under or over deliver 10% for special items.
Complaints about any defects must be made in writing within 8 days of receipt of the goods. Later complaints are ignored.
With regard to the dimensions specified for our articles, we reserve the usual internal company deviations and tolerances, unless we have expressly assured us in advance that the dimensions will be observed.
Unless otherwise stated in our order confirmation, our payment term is 30 days net cash. We reserve the right to send cash on delivery or to pay in advance.
The customer is in default of payment upon receipt of the first reminder or without a reminder 14 days after the due date and receipt of an invoice in accordance with Section 286 (3) BGB. In the event of a delay, we are entitled to default interest - subject to proof of further damage caused by delay - in accordance with § 288 BGB.
Offsetting against claims of the customer that are not recognized or not legally established is excluded. This also applies to a right of retention due to such counterclaims, insofar as these claims are not based on the same contractual relationship.
If the buyer defaults on payment, we reserve the right to suspend further shipments until the overdue claims and any associated fees and interest have been settled and / or to cancel orders still to be delivered.
In the event of goods being returned on goodwill, we are entitled to charge a re-storage fee of 20% of the returned value of the goods, but at least EUR 15.00. The acceptance of a return on goodwill requires the written confirmation on our part. Returns must be made free of charge. Cash on delivery or free postage to us will not be accepted. The sender has to bear the costs for this.
Retention of title
The items delivered by us remain our property until all of our current claims against the customer, as well as future claims, insofar as they are related to the delivered items, are fulfilled.
Tool and Material Costs
All tool and material costs are calculated pro rata. The relevant part, auxiliary or full tools as well as excess material remain our property.
Place of jurisdiction
The place of jurisdiction for all contractual parties, regardless of the value in dispute, is Iserlohn.