General Terms and Conditions


1 Scope of Application

1.1 All offers, sales, and deli­ve­ries are car­ri­ed out exclu­si­ve­ly accord­ing to the fol­lo­wing con­di­ti­ons of sale and deli­very. This also app­lies to all sub­se­quent con­tracts. The purcha­sing con­di­ti­ons of the purcha­ser or other con­di­ti­ons are only app­lica­ble if we express­ly agreed to them befo­re in wri­ting.

1.2 Col­la­te­ral agree­ments must be in wri­ting and requi­re our con­fir­ma­ti­on.

1.3 The pre­sen­ta­ti­on of our pro­ducts in the online shop is not a legal­ly bin­ding offer. By cli­cking the ‘Order with obli­ga­ti­on to pay’ but­ton, you agree to a bin­ding order of all items in the shop­ping cart. The con­fir­ma­ti­on of the rece­ipt of your order is sent via an auto­ma­ted e-mail. The purcha­se agree­ment is only con­clu­ded after we have sent a sepa­ra­te order con­fir­ma­ti­on.
 

2 Offers

2.1 All offers we make are non-bin­ding and are valid for four weeks. They are sole­ly direc­ted towards com­mer­ci­al cust­o­m­ers, not towards pri­va­te indi­vi­du­als.

2.2 For tech­ni­cal data and data on mate­ri­als the appro­xi­ma­te values usual in the indus­try should be assu­med unless the­se data have been decla­red as bin­ding in the offer. We only noti­fy of chan­ges in data that have been decla­red bin­ding.

2.3 We do not gua­ran­tee the sui­ta­bi­li­ty of our sys­tems for any par­ti­cu­lar app­li­ca­ti­on. It is the res­pon-sibi­li­ty of the purcha­ser to ensu­re that our sys­tems are sui­ta­ble for the inten­ded app­li­ca­ti­on.

2.4 We are not obli­ged to check the cor­rect­ness and/or legal con­for­mi­ty of the requi­re­ments and/or assump­ti­ons of the purcha­ser. This is sole­ly the res­pon­si­bi­li­ty of the purcha­ser.

2.5 The purcha­ser gua­ran­tees that the exe­cu­ti­on of the con­tract does not result in any infrin­ge­ment of indus­tri­al pro­per­ty rights by sup­plied pro­ducts, drawings, or sam­ples, or by the app­li­ca­ti­on its­elf. All costs incur­red by us resul­ting from any infrin­ge­ment of indus­tri­al pro­per­ty rights must be bor­ne by the purcha­ser.

2.6 We reser­ve without restric­tions our pro­per­ty rights and copy­right-rela­ted exploi­ta­ti­on rights to all quo­ta­ti­ons, cost esti­ma­tes, drawings, and spe­ci­fi­ca­ti­ons. Dis­clo­sure to third par­ties is pro­hi­bi­ted. If the con­tract is not con­clu­ded, the­se docu­ments and any copies the­re­of must be retur­ned to us imme­dia­te­ly.

2.7 The con­trac­tual­ly owed pro­per­ties of our pro­ducts sole­ly com­ply with our pro­duct spe­ci­fi­ca­ti­on. Claims sta­ted uni­la­te­r­al­ly by the purcha­ser are irrele­vant. The details on dimen­si­ons, tech­ni­cal val-ues, pri­ces, or ser­vices pro­vi­ded on our web­site, in bro­chu­res, news­let­ters, adver­ti­se­ments, or il-lustra­ti­ons are always to be unders­tood as examp­les. An express writ­ten agree­ment is requi­red if the­se details are sup­po­sed to be con­trac­tual pro­per­ties.

2.8 Drawings, drafts, and cont­ri­bu­ti­ons to dis­cus­sions made in the cour­se of con­trac­tual nego­tia­ti­ons are non-bin­ding. The purcha­ser can­not make deman­ds of any kind based on such docu­ments or ser­vices unless we have acted deli­be­ra­te­ly or with gross negli­gen­ce
 

3 Orders

3.1 Orders con­sti­tu­te a valid con­tract only after we have issued a writ­ten order con­fir­ma­ti­on. The con­tent of the con­tract thus gene­ra­ted as well as the natu­re and con­tent of the order are deter­mi­ned by the actual text of the order con­fir­ma­ti­on. The purcha­ser is obli­ged to check the ent­i­re order con­fir­ma­ti­on and to noti­fy us of any devia­ti­ons in wri­ting.

3.2 By way of dero­ga­ti­on, an order is also deemed accep­ted by us if the orde­red arti­cles have been com­ple­te­ly deli­ver­ed to the purcha­ser wit­hin 14 days after pla­ce­ment of the order.
 

4 Time of Delivery, Scope of Delivery, and Default

4.1 The deli­very peri­od begins when all tech­ni­cal and com­mer­ci­al ques­ti­ons have been resol­ved and ter­mi­na­tes with the dis­patch or the noti­fi­ca­ti­on of dis­patch. If the purcha­ser deman­ds chan­ges after pla­c­ing an order, a new deli­very peri­od only begins at the time of the con­fir­ma­ti­on of the modi­fied order. 

4.2 We do not assu­me any lia­bi­li­ty for delays of deli­very, in par­ti­cu­lar as a result of force majeu­re, strikes, or due to deli­very times of our sup­pliers. Deli­very peri­ods are exten­ded by the peri­od of time of the delay.

4.3 The infor­ma­ti­on given by us in the order con­fir­ma­ti­on is decisi­ve for the scope of deli­very. If the­re is no order con­fir­ma­ti­on, the infor­ma­ti­on given in our quo­ta­ti­on is decisi­ve.

4.4 If the purcha­ser suf­fers loss or dama­ge as a result of delay­ed deli­very, the com­pen­sa­ti­on for dama­ges of the cust­o­m­er shall be limi­ted to 0.5 % for every full week of delay up to a maxi­mum of 5 % of the value of the affec­ted part of the total deli­very. Any con­se­quen­ti­al dama­ge is expli­cit­ly exclu­ded. Pro­of of les­ser dama­ges is reser­ved to us. This limi­ta­ti­on of lia­bi­li­ty does not app­ly in the case of intent or gross negli­gen­ce.
 

5 Place of Delivery and Transfer of Risk

5.1 Deli­ve­ries are made from our pro­duc­tion site at the expen­se and risk of the purcha­ser. We reser­ve the right to choo­se the ship­ping method at our own dis­cre­ti­on, unless the purcha­ser has made a par­ti­cu­lar request.

5.2 In case of deli­very without instal­la­ti­on or assem­bly, the risk in respect of the deli­very item pas­ses to the purcha­ser as soon as the item has left our pre­mi­ses or upon rea­di­ness for deli­very in the case of default of accep­tan­ce, even if freight-paid deli­very has been agreed upon. 

5.3 In the case of deli­very with instal­la­ti­on, the risk in respect of the deli­very trans­fers to the purcha­ser on the day of accep­tan­ce.

5.4 If the goods are rea­dy for dis­patch and the dis­patch is delay­ed on grounds for which the purcha­ser is res­pon­si­ble, the trans­fer of risk to the purcha­ser takes pla­ce at the point in time at which the dis­patch rea­di­ness is com­mu­ni­ca­ted to the purcha­ser.

 

6 Prices

6.1 All pri­ces are ex works plus freight costs, packa­ging, insuran­ce, and the app­lica­ble rate of value added tax in the Federal Repu­blic of Ger­many. Addi­tio­nal costs for cust­oms, spe­cial hand­ling, or deli­very by express and cou­rier ser­vices will be char­ged.

6.2 Unless other­wi­se agreed, the pri­ces are only valid if the offe­red quan­ti­ty is purcha­sed com­ple­te­ly. Costs for com­mis­sio­ning, moun­ting, etc. are char­ged sepa­ra­te­ly.

6.3 The workload sta­ted by us in quo­ta­ti­ons and cost esti­ma­tes should be unders­tood as an appro­xi­ma­te value. We always char­ge the actual workload. If the actual workload is more than 20% hig­her than the workload sta­ted in the order con­fir­ma­ti­on, the purcha­ser recei­ves a sup­ple­men­ta­ry offer for appro­val.

6.4 If the purcha­ser can­cels the order, we char­ge the costs for all work alre­a­dy car­ri­ed out and all mate­ri­als alre­a­dy used.
 

7 Payment

7.1 Unless other­wi­se agreed, the invoice amount is due for pay­ment in euros without deduc­tions wit­hin 30 days upon deli­very and rece­ipt of an invoice or equi­va­lent request for pay­ment. Risk and costs of the pay­ment tran­sac­tion are bor­ne by the purcha­ser.

7.2 In the case of late pay­ment, we shall be ent­it­led to inte­rest on arre­ars to an amount of 9 per­cen­ta­ge points above the base inte­rest rate of the Ger­man Federal Bank. The purcha­ser has the right to pro­vi­de evi­den­ce of lower dama­ges.

7.3 The purcha­ser has the right of off­set only in the case of indis­pu­ta­ble or legal­ly deter­mi­ned deman­ds.

7.4 In the case of first-time purcha­se orders or inter­na­tio­nal deli­ve­ries, we reser­ve the right to accept pay­ments only as advan­ce pay­ments. If the advan­ce pay­ment invoice is not paid in full wit­hin 14 days, we can with­draw from the purcha­se con­tract.
 

8 Liability and Material Defects

8.1 The purcha­ser is obli­ged to check the deli­very items for any defects and to noti­fy us of any defects in wri­ting wit­hin five working days. The purcha­ser is also obli­ged to noti­fy us of any con­cea­led defects in wri­ting wit­hin five days after detec­tion. In the event of com­plaints or defects which are not com­mu­ni­ca­ted to us in a time­ly man­ner, the deli­very is con­side­red appro­ved free from claims aris-ing from incom­ple­te, incor­rect, and defect deli­very.

8.2 Unless other­wi­se con­trac­tual­ly agreed, we decli­ne any lia­bi­li­ty in case of an incom­pa­ti­bi­li­ty with com­po­n­ents of the purcha­ser. Fur­ther­mo­re, a lia­bi­li­ty for mate­ri­al defects is exclu­ded if the defects do not or only mar­gi­nal­ly affect the value or the ser­vice­a­bi­li­ty.

8.3 If the deli­ver­ed items are defec­tive or beco­me defec­tive wit­hin the limi­ta­ti­on peri­od of 12 months from the deli­very date, we may choo­se bet­ween repla­c­ing or repai­ring them. This limi­ta­ti­on peri­od may be exten­ded in indi­vi­dual cases through indi­ca­ti­ons in the ope­ra­ting manu­al. Howe­ver, this may not be con­side­red to be a gua­ran­tee of dura­bi­li­ty.

8.4 If an appro­pria­te dead­line of which we have been noti­fied expi­res without our having reme­di­ed the defect or sup­plied a repla­ce­ment, or if the attempt to reme­dy the defect has been unsuc­cess­ful, the purcha­ser has the right to claim with­dra­wal from the con­tract or reduc­tion.

8.5 We have to cover all expen­ses for the cor­rec­tive action at the pla­ce of ful­fill­ment sta­ted in the deli­very con­tract. Costs which ari­se as a result of deli­very to ano­ther loca­ti­on must be cover­ed by the purcha­ser.

8.6 The purcha­ser has no claims
(a) in case of defi­ci­en­ci­es cau­sed by inap­pro­pria­te hand­ling or overs­trai­ning by the purcha­ser or their cust­o­m­ers,
(b) if legal or our moun­ting and tre­at­ment instruc­tions are not fol­lo­wed by the purcha­ser or their cust­o­m­ers, unless the defi­ci­en­cy does not result from this non-obser­van­ce.

8.7 In the case of cust­o­mi­zed pro­ducts which were manu­fac­tu­red accord­ing to cust­o­m­er drawings and spe­ci­fi­ca­ti­ons our lia­bi­li­ty only extends to inclu­de com­p­li­an­ce with the spe­ci­fi­ca­ti­ons.

8.8 If the purcha­ser has made claims towards us due to rights in the case of defi­ci­en­ci­es and it turns out that the­re is no defi­ci­en­cy or the clai­med defi­ci­en­cy is cau­sed by cir­cum­stan­ces which do not obli­ge us to war­ran­ty, the buy­er has to bear all cau­sed costs. 

8.9 Claims for dama­ges by the purcha­ser, wha­te­ver their legal foun­da­ti­on, in par­ti­cu­lar tho­se that are due to a bre­ach of duties ari­sing from the con­trac­tual obli­ga­ti­on and from imper­mis­si­ble con­duct, are exclu­ded. This does not app­ly inso­far as man­da­to­ry lia­bi­li­ty is invol­ved, e.g. under the Ger­man Pro­duct Lia­bi­li­ty Act, in case of intent, gross negli­gen­ce, inju­ry to life, body, or health, or the vio­la­ti­on of fun­da­men­tal con­trac­tual obli­ga­ti­ons. Claims for dama­ges for a vio­la­ti­on of essen­ti­al con­trac­tual obli­ga­ti­ons shall be limi­ted to fore­see­ab­le dama­ges that are typi­cal to the con­tract unless the­re is intent or gross negli­gen­ce invol­ved or the lia­bi­li­ty is based on inju­ry to life, body, or health. This shall not affect the legal pro­vi­si­ons regar­ding the bur­den of pro­of.

8.10 Any cost-incur­ring mea­su­res requi­re our per­mis­si­on in advan­ce. Costs are reim­bur­sed only accord­ing to above points and inso­far as cost reim­bur­se­ment is pro­vi­ded by the rele­vant sta­tu­to­ry pro­vi­si­ons.
 

9 Reservation of Title

9.1 The deli­ver­ed items remain our pro­per­ty until full pay­ment has been recei­ved. For the dura­ti­on of the reser­va­ti­on of tit­le, the purcha­ser may not pled­ge the deli­ver­ed items or use them as secu­ri­ty, and resa­le shall be pos­si­ble only for resel­lers in the ordi­na­ry cour­se of their busi­ness and only on con­di­ti­on that the resel­ler recei­ves pay­ment from their cust­o­m­er or makes the trans­fer of pro­per­ty to the cust­o­m­er depen­dent upon the cust­o­m­er ful­fil­ling its obli­ga­ti­on to effect pay­ment.

9.2 In case of sei­zu­res, con­fis­ca­ti­ons, or other dis­po­si­ti­ons or inter­ven­ti­ons made by third par­ties, the purcha­ser is obli­ged to noti­fy us imme­dia­te­ly.

9.3 In case of breaches of duty of the purcha­ser, in par­ti­cu­lar in case of default in pay­ment, once an appro­pria­te dead­line set for the purcha­ser has expi­red without com­p­li­an­ce, we have the right to reco­ver the deli­ver­ed goods and also the right to with­draw from the con­tract. The sta­tu­to­ry pro­vi-sions rela­ting to the dis­pensa­bi­li­ty of a dead­line shall remain unaf­fec­ted. The purcha­ser is obli­ged to return the deli­ver­ed items. Our taking back of the reser­ved goods or our enforce­ment of the reser­va­ti­on of tit­le or our sei­zing of the reser­ved goods does not imply our with­dra­wal from the con­tract unless such with­dra­wal has been express­ly decla­red by us.

9.4 Cust­o­m­er-spe­ci­fic solu­ti­ons, con­cepts, pro­ce­du­res, and soft­ware are pro­tec­ted by copy­right. Unless agreed other­wi­se, the purcha­ser does not acqui­re any rights of repli­ca­ti­on or repro­duc­tion.

9.5 The purcha­ser has the non-exclu­si­ve right of use for soft­ware or firm­ware deli­ver­ed by us in terms of the agreed per­for­man­ce cha­rac­te­ris­tics, in unal­te­red form, and with the agreed equip­ment. The purcha­ser is allo­wed to crea­te a back­up copy of the soft­ware without express agree­ment. Dis­clo­sure to third par­ties is pro­hi­bi­ted.
 

10 Applicable Law, Place of Jurisdiction, Place of Performance, Severability Clause

10.1 The laws of the Federal Repu­blic of Ger­many app­ly exclu­si­ve­ly. The pro­vi­si­ons of the United Nati­ons Con­ven­ti­on on Con­tracts for the Inter­na­tio­nal Sale of Goods are exclu­ded. The con­trac­tual lan­gua­ge shall be Ger­man or Eng­lish. Pla­ce of juris­dic­tion and Pla­ce of per­for­man­ce is D-71640 Lud­wigs­burg.

10.2 Inva­li­di­ty of any sin­gle pro­vi­si­on of our gene­ral terms and con­di­ti­ons does not affect the vali­di­ty of the remai­ning pro­vi­si­ons. Should a pro­vi­si­on be or beco­me inva­lid, the con­trac­tual par­ties shall endea­vor to repla­ce the inva­lid pro­vi­si­on with a new pro­vi­si­on which reflects as ful­ly as pos­si­ble the com­mer­ci­al and legal pur­po­se of the inva­lid pro­vi­si­on.
 

Weiss Robotics GmbH & Co. KG, Karl-Hein­rich-Käfer­le-Str. 8, D-71640 Lud­wigs­burg, Ger­many. Gene­ral Terms and Con­di­ti­ons effec­tive from 1 July 2016.