1 Scope
1.1 Offers, sales and deliveries are made exclusively on the basis of these sales and delivery conditions. This also applies to follow-up orders. Purchasing conditions of the customer or other conditions are only valid if we have expressly agreed to them in writing beforehand.
1.2 Subsidiary agreements must be in writing and must be confirmed by us.
1.3 The presentation of our products in the online shop is not a legally binding offer. By clicking the button "order with payment" you place a binding order for the goods contained in the shopping cart. The receipt of your order is confirmed by an automated email. The purchase contract is only concluded when the separate order confirmation is sent.
2 Offers
2.1 Our offers are always subject to change and are valid for four weeks. They are aimed exclusively at commercial customers and not at private individuals.
2.2 The approximate values customary in the industry apply to technical data and material information, unless they have been declared binding in the offer. A notification in the event of a change is only made for properties that have been declared binding.
2.3 The applicability of our systems for a specific application is not guaranteed. All information must be checked by the purchaser before use for suitability for the planned application.
2.4 We are not obliged to check the customer's specifications for correctness and/or legal conformity. The purchaser is solely responsible for this.
2.5 The customer warrants that the execution of the order does not involve any infringement of property rights by the products provided, by drawings or samples or by the application itself. Costs that arise from any infringement of property rights are generally borne by the customer.
2.6 We reserve our property rights and copyright exploitation rights to offers, cost estimates, drawings and specifications without restriction. Disclosure to third parties is not permitted. If the order does not come about, these must be returned to us immediately, together with any copies.
2.7 The contractually owed properties of our products are based exclusively on our product specification. Ideas expressed unilaterally by the buyer are disregarded. The information on dimensions, technical values, prices or services contained on our website, in brochures, circulars, advertisements or illustrations are always to be understood as examples. An express written agreement is required if these are to represent a contractual condition.
2.8 Drawings, drafts and contributions to discussions made during contract negotiations are non-binding. The purchaser cannot assert claims of any kind from such documents or services against us, unless we have acted intentionally or through gross negligence.
3 Orders
3.1 Orders are only considered accepted if they have been confirmed in writing. The text of the order confirmation is decisive for the content of the contract concluded with it and for the type and content of the order. The customer is obliged to check all parts and to report any deviations in writing.
3.2 Deviating from this, an order is also considered accepted by us if it is completely delivered to the customer within 14 days after the order was placed.
4 Delivery time, scope of delivery and delay
4.1 The delivery time begins with the complete technical and commercial clarification and ends with the dispatch or the notification of readiness for dispatch. If changes are requested by the customer, the delivery time begins again with the date of the changed order confirmation.
4.2 We accept no liability for delays in delivery, in particular due to force majeure, strikes or due to the delivery times of our suppliers. Delivery times are extended by the period of the cause of the delay.
4.3 Our details in the order confirmation are decisive for the scope of delivery. If there is no order confirmation, the information in our offer is decisive.
4.4 If the buyer suffers damage due to a delay in delivery, the compensation for each full week of the delay is limited to 0.5%, but in total to a maximum of 5% of the value of the affected part of the total delivery. Any consequential damage is explicitly excluded. We reserve the right to prove less damage. The limitation of liability does not apply in the case of intent or gross negligence.
5 Delivery location and risk transfer
5.1 Deliveries are made from our production facility at the cost and risk of the customer. Unless the purchaser makes any specifications, the choice of shipping method is made at our discretion.
5.2 If the delivery takes place without installation or assembly, the risk with regard to the delivery item, even if a freight-free delivery has been agreed, is transferred to the customer when we leave our premises or in the event of a delay, in acceptance when the delivery is ready.
5.3 In the case of delivery with assembly, the risk with regard to the delivery item passes into own operation on the day of the takeover.
5.4 If the goods are ready for dispatch and the dispatch is delayed for reasons for which the customer is responsible, then the risk passes to the customer upon receipt of the notification that the goods are ready for dispatch.
6 Price
6.1 All prices apply ex works plus freight / postage, packaging, insurance and the statutory value added tax applicable in the Federal Republic of Germany. Additional costs for customs, special handling, express and courier deliveries will be charged.
6.2 Unless otherwise agreed, the prices offered are only valid when the quantity offered is accepted in full. Costs for commissioning, assembly, etc. are invoiced separately.
6.3 The workload specified by us in offers and cost estimates is a guide. The actual workload is always invoiced. If this is 20% higher than that estimated in the order confirmation, the customer will receive an addendum offer for approval.
6.4 If the order is canceled by the customer, we will invoice the costs for services and material already provided.
7 Payment
7.1 Unless otherwise agreed, the invoice amount is payable without deduction in euros within 14 days after delivery and receipt of an invoice or equivalent request for payment. The customer must bear the risk and costs of the payment process.
7.2 In the event of late payment, default interest of 9% above the base rate of the Deutsche Bundesbank will be charged. The customer retains the right to provide evidence of minor damage.
7.3 The customer has the right to offset only with undisputed or legally established claims.
7.4 We reserve the right to execute first orders and international deliveries only against prepayment. If the prepayment invoice has not been paid in full within 14 days, we can withdraw from the purchase contract.
8 Liability and defects
8.1 The customer is obliged to check the delivery items for any defects immediately upon receipt and to notify us in writing within five working days. Hidden defects must also be reported to us in writing five days after discovery. If the notification is not made in time, the delivery is deemed to have been approved, with the exclusion of claims due to incomplete, incorrect and defective delivery.
8.2 Unless otherwise contractually agreed, we exclude any liability in the event of incompatibility with the customer's components. Liability for material defects is also excluded if they do not or only insignificantly impair the value or usability.
8.3 If the delivery items are defective or if they become defective within the limitation period for claims for defects of 12 months from the delivery day, we can choose between replacement and rectification. This limitation period can be extended in individual cases by notices in the operating instructions. However, there is no guarantee of durability.
8.4 If we let a reasonable grace period set for us pass without having delivered a replacement or have remedied the defect, or if the remedy of the defect fails, the buyer has the right to withdraw from the contract or to a discount.
8.5 We shall bear all expenses for the rectification of defects at the place of performance specified in the delivery contract. The buyer bears the costs that result from the fact that the delivery items have been brought to another location.
8.6 There are no claims
(a) for damage caused by improper handling or overuse by the buyer or his customers,
(b) if statutory or installation and treatment instructions specified by us are not observed by the buyer or his customer, unless the defect is not due to this failure to observe.
8.7 In the case of customer-specific solutions that were manufactured according to the drawing or specification of the customer, we are only liable for the execution in accordance with the specification.
8.8 If the purchaser has made a claim due to rights in the event of defects and it turns out that either there is no defect or the claimed defect is due to a circumstance that does not oblige us to guarantee, the buyer must bear the costs arising from this,
8.9 Claims for damages on the part of the purchaser, regardless of the legal reason, in particular due to breach of obligations from the contractual relationship and tort, are excluded. This does not apply if liability is mandatory, e.g. in accordance with the Product Liability Act, in cases of intent, gross negligence, due to injury to life, limb or health or due to the violation of essential contractual obligations. Unless there is willful misconduct or gross negligence or liability for injury to life, limb or health, the claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage. The legal regulations on the burden of proof remain unaffected.
8.10 Cost-triggering measures generally require our prior consent. A reimbursement of costs will only take place in accordance with the above points and insofar as such is provided for in accordance with the relevant legal regulations.
9 Reservation of ownership
9.1 The delivered goods remain our property until full payment. During the existence of the retention of title, the purchaser is prohibited from pledging or transferring ownership by way of security and resale is only permitted to resellers in the ordinary course of business and only under the condition that the reseller receives payment from his customer or makes the reservation that ownership is only transferred to the customer, if he has fulfilled his payment obligations.
9.2 The purchaser must notify us immediately of any attachments, seizures or other dispositions of interventions by third parties.
9.3 In the event of a breach of duty on the part of the customer, in particular in the event of a delay in payment, we are entitled, after the unsuccessful expiry of a reasonable period of time set for the customer, to perform the service in addition to taking it back, and also to withdraw from the contract. The statutory provisions on the dispensability of setting a deadline remain unaffected. The purchaser is bound to the publishing. The withdrawal or the assertion of the retention of title or the attachment of the goods subject to retention of title does not constitute a withdrawal from the contract, unless we have expressly stated this.
9.4 Customer-specific solutions, concepts, procedures and software are protected by copyright. Unless otherwise agreed, no rights for copying or reproduction are transferred to the customer.
9.5 The customer has the non-exclusive right to use the delivered software and firmware with the agreed performance features in unchanged form on the agreed devices. The customer may make a backup copy of the software without express agreement. Disclosure to third parties is prohibited.
10 Applicable law, jurisdiction, place of fulfillment, general clause
10.1 The law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention. The contract language is German. Place of jurisdiction and place of performance is D-71640 Ludwigsburg.
10.2 The ineffectiveness of individual provisions of our general terms and conditions has no influence on the validity of the other paragraphs. Should a regulation be or become ineffective, the contracting parties will replace the ineffective regulation with an effective regulation that comes as close as possible to the economic and legal purpose of the ineffective regulation.
Weiss Robotics GmbH & Co. KG, Karl-Heinrich-Käferle-Str. 8, 71640 Ludwigsburg, Germany. General Terms and Conditions, as of July 1, 2016