1. General Terms and Conditions
These General Terms and Conditions (hereinafter GTC) shall apply to all future business. Any agreements to the contrary must be entered into in writing in individual cases. Deliveries shall take place solely on the basis of our GTC. Conflicting terms and conditions of the customer shall not apply unless they have been accepted in writing by Peters Lokservice. Our General Terms and Conditions shall apply in all cases, even if the orderer expressly excludes the application of our GTC in its sales terms and we do not declare these void. The scope of our services shall be determined by the customer’s order. Changes to orders after
receipt of order shall require our express consent. Order acceptance and conclusion of contract All offers made by Peters Lokservice shall be subject to confirmation and shall be without obligation. Offers constitute merely an invitation to the orderer to submit an offer. All orders shall materialize when written order confirmation is sent. Order confirmations will be sent within two weeks of the order being received. The invoice may replace an order confirmation in the event of delivery at short notice. We reserve the right to make technical modifications to the products and alterations to the visual product design that do not reduce the
utility value of the products, and do not constitute a defect in quality. Specified packaging units must be adhered to.
2. Prices and availability
All RRPs include the statutory VAT applicable in Germany. Net prices shall apply in the case of customers based abroad. The respective applicable distributor price lists shall apply to dealers and distributors; these prices are net distributor prices and are exclusive of VAT. The prices valid at the time when the order is placed shall apply unless stated or agreed otherwise. Additional agreements must be entered into in writing.
3. Delivery, dispatch, risk transfer
Delivery shall be effected ex works at the Griesheim storage facility. The date of delivery shall be the same as the date of performance. Delivery dates will be estimated on the basis of the backlog of orders at the time when the order is confirmed and shall not be binding. Delivery will take place as soon as the goods are available. Peters Lokservice reserves the right to postpone delivery in the event of impossibility or due to force majeure. Postage and packaging will be charged for unless agreed or stipulated otherwise. Collection is possible with prior consultation. We shall be free to make partial deliveries. Non-deliverable
items will be added to the backlog of orders and delivered as quickly as possible. Unless stated otherwise, backlogged orders will be delivered free of charge; subsequent delivery will take place together with the next shipment in the case of orders from abroad. Items will be dispatched as quickly as possible using a postal or parcel service at the lowest available rate, surcharges for express shipments will be invoiced to the customer separately. It shall be up to Peters Lokservice to select the delivery service. The risk for the goods shall be transferred to the customer upon dispatch ex works.
4. Payment and delay
Unless stated otherwise on the invoice, invoices shall be due for payment immediately. Unless agreed otherwise, orders from abroad and from countries within the European Union will only be delivered following receipt of advance payment (e.g. PayPal). Credit card payments will not be accepted. Payment by check may be possible in exceptional cases. All payments must be free of charges and costs. Any bank charges incurred will be claimed back without exception. The IBAN and SWIFT/BIC account details will be stated on all delivery documents and invoices to facilitate low cost overseas bank transfers within the EU.
We reserve the right to obtain credit reports about our customers from the corresponding institutions before processing an order or delivering goods.
If the report raises doubts, we reserve the right to cancel existing terms of payment, and to only deliver goods after advance payment has been made. In the event of delays in payment we shall be entitled to charge interest in arrears of 8% General Terms and Conditions of Peters Lokservice above the base rate of the Deutsche Bundesbank. Peters Lokservice shall be entitled to suspend further deliveries if the customer is not able to settle outstanding receivables.
5. Guarantee, warranty, complaints and notices of defects
Peters Lokservice products shall be guaranteed for one year from the date of purchase. The statutory warranty claim shall apply in Germany. In accordance with statutory provisions, the burden of proof shall rest with Peters Lokservice within the first six months, and with the end customer thereafter. The end customer must be informed that a warranty claim can only be asserted if an invoice or receipt is submitted as proof of the date of purchase. Peters Lokservice must be informed of warranty claims in writing. A form for this can be downloaded from our homepage. The following shall not constitute faults for the purposes of the warranty: wear and tear, defects of which the customer was already aware at the time of purchase, and defects for which the customer is responsible, e.g. due to improper use, incorrect storage, failure to observe the instructions for operation and maintenance etc. Goods that are obviously defective upon being delivered, breakages and wrong deliveries must be reported by the customer in writing without delay, within one week of the date of delivery for the goods. Rejected goods must be kept ready for inspection and returned to the manufacturer upon request. Peters Lokservice shall be entitled to eliminate the defect itself, or to provide a replacement free of charge within a reasonable period of time, at its own option. If complaints about obvious defects are not made on time and in due form, the claims arising from the defects shall be lost. Defects will be eliminated as quickly as possible. The warranty period for products that have
been made to order (contract manufacturing) shall be 12 months unless agreed otherwise.
6. Return of goods
Our written consent must be obtained before goods are returned, regardless of the legal ground. Forms for this can be downloaded from our homepage and must be completed in full. After returning the form, the customer will receive a return receipt, which must be attached to the shipment. Peters Lokservice will refuse acceptance if goods are returned without our consent and in the absence of postage. If the return receipt is only partially completed or is illegible, processing will only take place if the required data is submitted subsequently. If the returned goods are damaged (including packaging materials) or have been
modified in any other way, the purchaser must make up for the corresponding reduction in value or bear the costs of repair.
7. Repairs and servicing
The goods received for repairs or servicing will be inspected by us. Registration must take place as described in section 6. Repairs will be performed as quickly and cost-effectively as possible. Details of the costs of this will be provided on request.
8. Retention of title
Delivered goods shall remain our property until all outstanding debts arising from the business dealings with the orderer have been paid in full. The orderer shall be entitled to sell on the delivered goods in the ordinary course of business. Goods that have not been paid for may be reclaimed at any time. The customer shall be obliged to release the goods. Pledging or transfer by way of security is not permitted. Extended retention of title to the goods shall apply. The orderer shall assign all debts arising from the onward sale of the reserved goods to ourselves in full. In the event that the direct debit authorization is revoked,
Peters Lokservice may request that the orderer discloses details of outstanding debts assigned, states all information required for collection purposes, and
notifies the debtor of the assignment.
9. Contract manufacturing
Only written orders will be accepted for customer projects requiring separate contract manufacturing. Changes shall require our express confirmation. The expected delivery date will be announced in the written order confirmation. Changes to orders are not possible within the scheduled material availability, production and delivery period. This is usually 10 – 12 weeks, but may also differ considerably due to material procurement times. Ordered goods will be accepted and paid for. Cancellation or partial cancellation is only possible with prior consultation and written confirmation from Peters Lokservice, and if the costs already incurred are absorbed. Excess deliveries and short deliveries are possible in the case of contract manufacturing, due to the risk factored
in and production wastage. Peters Lokservice shall be entitled to make excess or short deliveries that deviate from the order quantity by up to 10%.
Excess deliveries will be charged for.
Claims for damages on grounds of breach of contract on whatever legal grounds shall only exist if the damage is based on intentional or gross negligence. This shall also apply in the event of the delay or impossibility of a delivery or order.
11. Data privacy
By placing an order, the customer accepts that its personal data such as name, address, telephone number, and e-mail address may be used by Peters Lokservice for the computerized processing of all enquiries and orders without restrictions. This data will not be passed on to third parties. An exception shall apply in the case of service providers to whom data needs to be passed on for order or delivery processing purposes.
12. Precedence of the German version of the agreement
If the customer is provided with a version of the agreement in a language other than German, then this shall be provided for information purposes only. The German version of the agreement shall have precedence over any version of the agreement in any other language in all cases.
13. Place of fulfillment and jurisdiction
The place of performance shall be 64347 Griesheim, Germany. The place of jurisdiction shall be Darmstadt, Germany. This agreement shall be subject solely to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
14. Severability clause
Should individual provisions be or become invalid, unenforceable or void, the validity of the remaining provisions shall in no way be affected. The provisions concerned must be interpreted or amended in such a way that the intended economic purpose is achieved as fully as possible in a legally permissible manner. This shall apply analogously to loopholes in the agreement requiring supplementation.
Issued 19. November 2016