Current affairs

ISO6312 in revision
The revised form of the test specification for the shear test is currently at ISO. [more]

New automation system for friction testers
Based upon the wide spread DOS-automation software the system RWINNT is now available. Several machines have already been updated. Since 2011 it is included as standard in new machines [more]

Terms and conditions

Validity
For offers, contracts, supplies and other services only the following conditions of the supplier are valid. They are recognized by placing of the order or acceptance of the supply. Deviating conditions of the customer, which the supplier does not recognize expressly in writing, become for the supplier neither completely, nor partially part of the contract, also not if not expressly was contradicted to these. German law applies to the contractual relation. The applicability of the uniform law concerning the international purchase of mobile things (EKG) and concerning the conclusion of such sales contracts (EKAG) is excluded.

Offers
The supplier rerserves himself all property and copyrights for all the documents made accessible for the customer. The passing on to third persons requires the express, written permission by the supplier. All measure data, designs and illustrations are only approximately determining, if they are not called expressly obligatory. The supplier commits himself to make confidential documents made accessible to him by the customer for the purpose of the elaboration of an offer, accessible to third persons only with the customer‘s agreement.

Co-operation of the customer
When placing an order the customer designates a responsible person from his enterprise, who has authorized decision authority and power of attorney in all technical and commercial questions for the running time of the order. The customer commits himself to give the supplier every order-relevant information. The discussions being necessary for the execution of the order, take place at the supplier‘s.

Pre-acceptance, readiness for dispatch
If not differently agreed upon, delivery of the equipment is made only after acceptance by the safety representative and the technically responsable person. The pre-receipt has to take place with an appropriate number from sample parts which have to be put to the supplier’s disposal free of charge. The sample parts will not be returned to the customer. The preparation of these parts has to be done by the customer. As for the technical acceptance of the equipment the enclosed description of offer is valid. Modifications require written form. The customer will be informed in time when the machine/equipment is ready for dispatch.

Time of delivery
The indication of the time of delivery is based on an order execution in the sense of the general terms of delivery and the conditions of sale. The time of delivery begins with the date indicated in the order confirmation and may extend properly for reasons which the supplier does not have to represent, especially if the customer does not cooperate sufficiently and if the customer does not perform his duty to provide the respective parts. Besides the supplier is not responsible for retardation for reasons of Force Majeure, strike or lock-out in the enterprise of the supplier or of his sub-supplier. The term of delivery is kept, if up to its expiration the article which had been ordered, left the works or if the customer was informed of the readiness for dispatch. An annulation of the order and claims for compensation in cases of late delivery are impossible.
If the delivery of the equipment is retarded by request of the customer or by circumstances which have to be represented by the customer, the supplier will charge the customer for the additional expenses, beginning 4 weeks after the information about the readiness for dispatch. For storage in the works of the manufacturer at least 0,5 % of the order value will be charged.

Prices and payment
If there is no other agreement, payment has to be made within 30 days after the date of invoice or automatically according to the terms of payment agreed upon, net without any deduction. In case of contracts running more than 12 months from beginning of the order execution, price adjustments will again be specified in mutual agreement. As basis the intermediate changes of the wage level and the cost of living are considered. In case of retardment of reception by the customer, 14 days after information about readiness for dispatch the entire amount becomes due for payment without any deduction. Set-off with counterclaims is not permissible. In case of delay of payment, the supplier is entitled to charge interests amounting the respective rate of discount plus 2 %. If the customer breaks the contract, the supplier may take further legal steps. If it is not expressly mentioned, the supplier supposes Germany as the place of installation to be the basis of the offer calculation. For places of installation outside of Germany, special prices according to the foreign countries have be asked for.
Payment by bill of exchange can only be made after express agreement. Charges for bill of exchange and discounts rates have to be taken over by the customer.

Packing
If packing material is necessary, this will not be taken back.

Operational fund regulations
The customer’s requirements concerning the operational funds have to be considered in the elaboration of the offer.

Other services
If there are modifications of details required about which the supplier had not been informed in written form before executing the order, the additional costs will be charged to the customer.

Conveyance of property
The equipment remains remains property of the supplier up to the complete payment of the purchase price, independently of installments or part-payments concerning certain part deliveries.

Passage of the risk
The danger passes to the customer, even if freight-free supply was agreed upon, when the customer was informed about the readiness for dispatch of the equipment.

Final acceptance
After putting the equipment into operation it is placed at the customer’s disposal for final acceptance. If the final acceptance does not take place within 2 weeks after supply/start-up via a written acceptance certificate or if the customer uses the equipment completely or partly, the equipment is considered as being accepted and taken over. Proofs of legal or regional, official regulations for the operation of the equipment have to be taken over by the customer and they do not delay the acceptance.

Guarantee
Our products are manufactured with utmost care and according to the newest state of technical development. We take over a guarantee for the quality of our brand-new products only to that extent that we are responsible for manufacture or material defects arising within the legal or contractually specified period, either by repairing or by replacing the defective part, as we choose. We reject payment of indemnities, transformation of the purchase or reduction of the purchase price. Warranty works, which must be accomplished in your works, are executed free of charge, as far as no inappropriate treatment can be proven. In case of replacements, the useless parts have to be returned free of charge to us and the prroperty has to be conveyed. We take over a guarantee for the function of our equipment only if it had been put into operation by our specialists. The guarantee begins with the date on which the equipment supplied has been put into operation. If the dispatch, the installation in the customer’s works or the putting the machine into operation delays without being to blame for the supplier, the guarantee expires 12 months after the passage of the risk at the latest. Against extra costs an extension of the warranty is possible to 24 months. No guarantee is taken over for damages arisen for the following reasons:
- modifications or repairs carried out by the customer without agreement of the supplier
- unsuitable or inappropriate use
- natural wear
- incorrect or careless treatment
- chemical or electrical influences
- not intended use
- inappropriate treatment,
if they are not to due a fault of the supplier.

Liability
Claims for damages resulting from delay, impossibility of the execution, positive demand injury, offences before contract conclusion, bad action or other legal argument are excluded, except for the case that the damage had been caused by deliberate or roughly negligent acting. The period of limitation of the above-mentioned claims amounts to 6 months. For substantial foreign products the liability of the supplier is limited to the transfer of the liability claims, which are entitled to him against the supplier of the foreign product. The liability expires for the consequences developing from works having been executed by the customer himself or by a third person at the equipment.

Jurisdiction
In case of any disputes resulting from the contractual relation, complaints have to be raised with the court which is responsible for the head office of the supplier. The supplier is also entitled to complain at the head office of the customer. Place of destination for all commitments resulting from the contractual relation is Murr.