General Terms and Conditions applying to companies
Our deliveries are solely made on the basis of our terms of business. Other general terms and conditions of the customer shall only be acknowledged and only insofar as they are confirmed by us in writing. Our invoices shall be deemed as order confirmations at the same time.
Prices
All prices are subject to change in EUR ex works (plus VAT). The price lists valid on the day of delivery shall apply.
Delivery obligation / Delivery deadlines
A delivery obligation is only assumed under the condition of an undisturbed manufacturing process. Failure to meet confirmed delivery deadlines does not entitle the customer to claim for damages. Events of force majeure shall release us from any delivery obligations entered into.
Shipment and passing of risk
The transport risk ex works shall be borne by the customer. Packaging and mode of dispatch shall be at our discretion.
Payment terms
In the case of payments via third parties, in particular within the framework of central settlement and del credere agreements, the goods shall only be deemed to have been paid for when the payment has been received by ourselves. In case of overdue payment, interest in the amount of 10 % will be charged.
If one of our claims is overdue or if we become aware of circumstances that cast doubt on the solvency of the customer, all our claims shall become due immediately.
The retention of payments due to any claims of the purchaser that have not been legally established or disputed is not permitted; neither is the offsetting of such claims.
Retention of title
The delivered goods remain our property until full payment of all claims arising from the business relationship with the purchaser. The customer is entitled to resell the delivered goods in the ordinary course of business. Pledging or transfer by way of security is not permitted.
The customer hereby assigns to us in full all claims arising from the resale of the goods subject to retention of title. In the event of revocation of the direct debit authorization, the customer shall, at our request, provide the information on the assigned claims required for collection and notify the debtors of the assignment.
Notwithstanding our right to collect, the purchaser shall be revocably entitled to collect our claims in its own name in the ordinary course of business as long as none of our claims is overdue (in particular due to default in payment, cessation of payment, filing for or opening of bankruptcy proceedings or other deterioration of the purchaser's assets).
If the securities to which we are entitled in accordance with the above provisions exceed the claims to be secured by more than 10%, we shall release securities of our choice in the corresponding amount upon request.
Complaints
Recognizable defects can only be considered within 8 days after receipt of the goods (§ 377 HGB). We reject complaints or guarantees for handling or storage not in accordance with the material. For manufacturing defects, we provide a warranty in such a manner that we provide repair, replacement or refund of the purchase price (at our discretion) within the legally stipulated period. Claims for damages, loss of profit, reduction of the purchase price, etc. are not possible. All warranty claims expire at the latest one month after written rejection of the notice of defects by us.
Return of goods
For returns, regardless of the reason, our consent is required before dispatch. Returns without our consent and not prepaid returns will not be accepted. If returns are agreed for properly ordered and delivered goods, 4% of the value of the goods will be charged for processing in the case of faultless, unmarked new goods. If packaging has to be replaced or articles repaired or similar, invoicing will be based on expenditure.
Use of the BUSCH logo, BUSCH images, etc.
The BUSCH logo and the brands BUSCHHEIDE and GOLDENE ÄHRE are registered trademarks. Their use (on the internet, in printed materials etc.) is only permitted with the written approval from BUSCH. Written permission may be revoked by BUSCH at any time. The same applies to BUSCH images.
Final terms
Place of performance and jurisdiction is the registered office of our company. German law shall apply. Verbal agreements deviating from these terms and conditions require our written confirmation to be legally valid.
Issue: January 2025