These sales conditions apply exclusively to companies and legal entities under public law. Stanova Stanztechnik GmbH - Stanova for short - only recognizes any terms and conditions of the customer that contradict or deviate from our conditions of sale if it expressly agrees to their validity in writing.
Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions of sale. A written contract or written confirmation from Stanova is authoritative for the content of such agreements, subject to proof to the contrary.
The company's address is: Stanova Stanztechnik GmbH, Nunsdorfer Ring 29, 12277 Berlin. The managing director is Katrin Lechler. The company's website is stanova.de
Confidentiality / data protection / copyrights
Stanova reserves the property rights and copyrights to all documents provided to the customer in connection with the offer and placing of order - including in electronic form - such as calculations, drawings, samples, materials, equipment, research and planning data, etc. These documents may not be made accessible to third parties unless Stanova gives the customer express written consent. If the offer is not accepted, these documents must be returned to Stanova immediately.
In the event of a violation of property rights and copyrights, the damage incurred must be compensated.
Prices and Payment
Unless otherwise agreed in writing, the prices according to the corresponding offer in euros apply ex works excluding packaging and plus sales tax at the currently applicable rate. Packaging costs will be charged seperately.
Payment of the purchase price has to be made exclusively to Stanova Stanztechnik's account at Ethikbank Eisenberg, IBAN DE15 8309 4495 0003 3205 29. The terms of payment apply for 30 days net, unless otherwise agreed in writing.
Stanova retains ownership of all goods delivered by Stanova until the claims have been paid in full. The buyer is authorized to process the goods. In this case, Stanova as the seller is a manufacturer within the meaning of Section 950 BGB, whereby Stanova acquires ownership of the intermediate and end products, while the processor is only to be regarded as the custodian. The buyer may resell the delivered goods and the objects resulting from their processing in the ordinary course of business. He hereby assigns all claims to which he is entitled from the resale or for any other legal reason to Stanova to secure them. He is authorized to collect the assigned claims as long as he duly fulfills his obligation to pay Stanova. In the event of default in payment and at Stanova's request, he must notify the buyer immediately. Intervention costs resulting from such interventions are borne by the buyer. Stanova undertakes to release the securities to which Stanova is entitled to the extent that their realizable value exceeds all claims to be secured by more than 20%. The assertion of the retention of title does not count as a withdrawal from the contract.
The dispatch of goods by Stanova is based on the Incoterms 2020.
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
The delivery time results from the agreements between the contracting parties. Compliance with this by the supplier presupposes that all commercial and technical questions have been clarified between the contracting parties and that the customer fulfills all obligations incumbent on him, such as Has provided the necessary official certificates or permits or has made a down payment. If this is not the case, the delivery time is extended accordingly. This does not apply if the supplier is responsible for the delay.
If the non-compliance with the delivery time is due to force majeure, labor disputes or other events that are beyond the control of the supplier, the delivery time is extended accordingly. The supplier will inform the customer of the beginning and the end of such circumstances as soon as possible.
Warranty / statute of limitations / exclusion of liability
The purchaser's warranty rights require that he has properly complied with his inspection and complaint obligations under Section 377 HGB.
Claims for defects expire 12 months after the customer has accepted the goods delivered by Stanova. The statutory limitation period applies to claims for damages in the event of willful intent and gross negligence as well as injury to life, limb and health based on an intentional or negligent breach of duty by the user.
If, despite all due care, the delivered goods show a defect that already existed at the time of the transfer of risk, Stanova will either repair the goods or deliver replacement goods, subject to timely notification of defects. Defects at the installation site can be corrected on request. In this case, the working hours and the costs for defective parts are not calculated on site; Travel costs, travel times and ancillary costs are borne by the client. Stanova must always be given the opportunity to provide supplementary performance within a reasonable period. Recourse claims remain unaffected by the above regulation without restriction.
If the subsequent performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as damage that occurs after the transfer of risk as a result of faulty or negligent handling, improper or faulty operation, excessive use, unsuitable equipment, defective Construction work, unsuitable subsoil or due to special external influences that are not required by the contract. If improper repairs or changes are carried out by the customer or a third party or the software is changed, the warranty claim for the entire goods is forfeited.
This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
The place of fulfillment and exclusive place of jurisdiction and for all disputes arising from this contract is Stanova's registered office, unless otherwise agreed.
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected.
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