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Terms and conditions

Article 1: Validity of the General Terms and Conditions
The fact that an order is placed with Bohncke GmbH (the Seller) implies a complete and unconditional acceptance of these terms and conditions by the Buyer to the exclusion of all other documents, such as brochures, catalogues issued by the Seller and having only an indicative value. No special conditions can take precedence over the general terms and conditions unless they are formally accepted by the seller in writing. Any condition to the contrary to which the buyer objects is therefore not enforceable against the seller without express consent, regardless of when it was brought to the seller’s attention. The fact that the Seller does not at any time rely on any of these terms and conditions shall not be deemed to be a waiver of any of these terms and conditions at a later date.

Article 2: Conclusion of contract
Our offers are subject to change without notice. Likewise, technical descriptions and other details in offers, brochures and other information are initially non-binding. We reserve the right of ownership and copyright to illustrations, drawings, calculations and other documents. They may not be made accessible to third parties. Orders shall only be deemed accepted if we have confirmed them in writing.

Article 3: Delivery
The delivery takes place by handing over to a forwarding agent or carrier at the seller’s premises. Exceeding the delivery time agreed with the seller may not lead to damage, withholding or cancellation of outstanding orders. The following shall be deemed to be force majeure which releases the seller from his obligation to deliver: In the event of force majeure, operational disruptions, shortage of workers, energy or raw materials, delivery delays, poor deliveries or failure of suppliers to deliver, strike, lockout, traffic disruptions, war, riot, fire, orders by public authorities and other events which make it impossible for the seller to deliver. The seller must inform the buyer of the aforementioned cases and events in good time. In any case, timely delivery can only take place if the buyer is up to date with his obligations to the seller, for whatever reason. The products travel at the risk and peril of the recipient, unless otherwise agreed, to whom they belong. In case of damage or missing goods, all necessary remarks and reservations must be reported immediately by extrajudicial action. The delivery periods mentioned are not binding. They are stated to the best of our knowledge and belief and will be observed as far as possible. The buyer is not entitled to make covering purchases or to assert any claims for damages against us due to non-performance or - in the absence of binding delivery periods and dates - delayed performance. If the owed service or goods are not available and the non-performance is not the responsibility of Bohncke GmbH, Bohncke GmbH is entitled to withdraw from the contract in whole or in part.

Article 4: Reception
Without prejudice to the measures to be taken against the carrier, complaints concerning obvious defects or non-conformity of the product delivered with the product ordered or the consignment note must be made in writing within eight days of the arrival of the products. In the event of an apparent defect or non-conformity of the products delivered, duly indicated by the seller, the buyer may have the products repaired or replaced free of charge, excluding any compensation or damage.

Article 5: Guarantee
The products are guaranteed against defects in materials and workmanship for two years for equipment and six months for seals, from the date of delivery. The warranty applies to Bohncke products for devices that even run in shift or continuous operation. Exceptions are products of the Siebec brand. In this case, the warranty is valid for operation for eight hours a day; in case of longer use, the warranty is reduced proportionally to the time of use. Interventions under the warranty do not affect the extension of the warranty period. Under this warranty, the seller is only obliged to replace or repair free of charge the product or the element found to be defective by his services. The products will be delivered at the prices valid on the date of order. The warranty does not apply to obvious defects. Prices are net, ex works, before taxes and based on the price list provided to the Buyer. Also excluded are defects and deterioration caused by natural wear and tear or by an accident on the equipment or by a modification of the product not intended or not planned by the seller. It cannot give rise to any claim for compensation. After a repair has been carried out, 1 year warranty is only granted on repaired and replaced parts. Replaced seals have a six-month warranty.

Article 6: Prices
The products are delivered at the price valid at the time of the order. Prices are net ex works, excluding taxes and based on the prices communicated to the purchaser. All taxes, duties, levies or other services which are payable under German law in an import or transit country shall be borne by the Buyer. Any order whose amount is less than 50.00 Euro will result in a minimum quantity surcharge of 15.00 Euro to cover administrative costs. Unless otherwise agreed in writing by the seller, the shipping and packaging costs are always at the expense of the buyer.

Article 7: Invoicing
An invoice will be issued for each delivery and sent at the latest at the time of delivery.

Article 8: Payment
Unless otherwise agreed, payments shall be made under the following conditions: either 10 days less 2% discount or 30 days net from the date of invoice by bank transfer. In the event of premature payment, a 3 % cash discount will be granted. If the payment date is exceeded, we shall be entitled to demand interest on arrears at the usual bank interest rates paid by ourselves, at least 10% annually. In addition, we may demand immediate payment of all outstanding invoices and claims, irrespective of agreed payment dates, and withdraw from the contract in whole or in part and/or make delivery dependent on advance payments if all outstanding liabilities have not been settled with us within a period of one week. The same applies if we become aware of a change in the creditworthiness of the buyer after conclusion of the contract. Bills of exchange and cheques shall only be accepted by special agreement and then only on account of payment and free of charges for us. Payments made shall be offset against the oldest claim, even if payment is made for specifically designated goods. The assertion of rights of retention or offsetting against any counterclaims of the buyer is excluded. This does not apply, however, if a right of retention is based on the same contractual relationship or if a set-off is to be made against an undisputed or legally established claim.

Article 9: Transfer of risk
The transfer of risk to the products takes place, even in the case of a sale agreed free of charge, as soon as the goods leave the seller’s warehouse. This means that the goods travel at the risk and peril of the buyer who, in the event of damage, loss or absence of items, is responsible for expressing reservations or taking recourse to the competent carriers.

Article 10: Ownership
The ownership of the sold goods remains with the seller until the price and its accessories have been paid in full by the buyer. If the buyer acts in breach of contract, in particular in case of default of payment, we are entitled to withdraw from the contract and to take back the goods. To the extent and for as long as the reservation of title exists, the purchaser may neither assign as security nor pledge goods or items produced from them without our consent. Conclusions of financing contracts (e.g. leasing), which include the transfer of our reservation rights, require our prior written consent, unless the contract obliges the financing institution to pay the purchase price share to which we are entitled directly to us. In the event of attachments and other interventions by third parties, the purchaser must inform us immediately in writing. He is forbidden to make agreements with his customers which may impair our rights. He is obliged to insure the reserved goods immediately against theft, damage to machinery, fire and water.

Article 11: Jurisdiction
All disputes arising in connection with the construction or execution of the contract fall within the jurisdiction of the court having jurisdiction over Bohncke GmbH. This clause also applies in the event of summary proceedings, ancillary claims or multiple defendants or guarantee calls and regardless of the amount and terms of payment, without the clauses conferring jurisdiction on the purchaser’s documents being able to prevent the application of this clause.

Article 12: Severability clause
Should one or more provisions of the "General Terms and Conditions" be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the contracting parties shall replace invalid provisions with provisions that come as close as possible to the invalid provisions in their economic purpose.

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