Application Area Configuration Settings General Terms and Conditions of Sale, Delivery and Payment of Lee Spring GmbH

Scope of Application

The following terms and conditions of sale, delivery, and payment apply to all contracts entered into by us, deliveries made, and other services rendered, including consulting services and information.

They also apply to all future contracts with the purchaser, as well as to future deliveries and other services to be provided to them.

We hereby expressly reject any conflicting terms and conditions of the purchaser.

Raw Material Certificate

Certificates for material traceability (chemical and/or physical) are only available for special orders and at an additional charge. Please contact us by phone or email to place an order with a raw material certificate.

Offers / Price Lists

All our offers are non-binding. For standard items, prior sale remains reserved. The validity period for our offers is 30 days from the date of issue. All prices are net, excluding applicable taxes, statutory duties and/or incidental costs. Price lists are subject to change and are not binding. Their maximum validity ends on December 31 of the year in which they were issued. Only the prices listed in our order confirmations are considered binding.

Orders

All orders or changes to orders by the purchaser require our written acceptance in the form of an order confirmation to be valid. The delivery dates listed in the order confirmation refer to the date the goods leave our premises. For orders with a net goods value of less than EUR 50.00, we reserve the right to charge a service fee of EUR 15.00. This does not include any potential shipping costs, which may be charged separately. We do not accept penalties for delay, compensation claims, reimbursement of expenses, or similar charges from the customer unless these were expressly agreed upon in advance and confirmed by us in writing. The place of fulfillment for all parties to the contract is Lüdenscheid.

Delivery

All our deliveries are made FCA Lüdenscheid (see INCOTERMS 2020). The risk of loss or damage to the goods passes to the buyer upon handover to the carrier.

For special items, we reserve the right to under- or over-deliver by up to 10%.

Complaints regarding any defects must be submitted in writing within 8 days of receipt of the goods. Later complaints will not be considered.

Regarding the dimensions specified for our items, we reserve the right to apply our standard internal tolerances and deviations, unless adherence to different dimensions was expressly confirmed by us in writing in advance.

Payment

Unless otherwise stated in our order confirmation, our payment terms are 30 days net. We reserve the right to ship cash on delivery or require advance payment.

The purchaser is considered in default upon receipt of the first reminder or, without a reminder, 14 days after the due date and receipt of the invoice in accordance with § 286 (3) BGB. In the event of default, we are entitled – subject to proof of further damage – to charge interest for late payment as per § 288 BGB.

Offsetting with claims not recognized by us or not legally established is excluded. This also applies to any right of retention due to such counterclaims, unless they arise from the same contractual relationship.

If the buyer is in default of payment, we reserve the right to suspend further deliveries until overdue claims, including any associated fees and interest, are settled and/or to cancel pending orders.

Returns

In the case of a goodwill return, we are entitled to charge a restocking fee of 20% of the returned goods’ value, but at least EUR 15.00. Acceptance of returns as a goodwill gesture requires our prior written confirmation. Returns must be made carriage paid. Cash on delivery or unpaid shipments will not be accepted by us. The sender must bear these costs.

Retention of Title

The goods delivered by us remain our property until all current claims against the purchaser, as well as future claims related to the delivered goods, are fulfilled.

Tool and Material Costs

All tool and material costs will be charged proportionally. The corresponding partial, auxiliary, or full tools, as well as material surpluses, remain our property.

Place of Jurisdiction

The place of jurisdiction for all parties to the contract, regardless of the amount in dispute, is Iserlohn.