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.
2.1 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
3.1 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.
6.1 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.
7.1 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.