1. Orders
1.1 The following General Conditions of Business are accepted by the customer with the placement of the order. Amendments to these Conditions, oral agreements and orders will be binding upon Vibrafit GmbH (hereinafter called the Seller) only when acknowledged in writing. Invoices will have the same legal effect as written acknowledgements.
1.2 All quotations (price lists, circulars etc.) are made without engagement.

2. Prices
Unless otherwise agreed, prices apply ex works in Solms and do not include statutory VAT. The costs for disposal of packaging by accepting it back in accordance with packaging legislation are included in the form of a discount in our prices.

3. Conditions of payment
3.1 Unless otherwise agreed, the Seller's invoices are payable before delivery (following order acknowledgement).
3.2 All payments must be made in full on the agreed payment date with no right of retention or deduction of contested counter-claims.
3.3 In case of delay in payment, interest will be charged at a rate 5% above the basic rate set by the European Central Bank. We also reserve the right to claim for further damages arising from delay. The Seller is under no obligation to deliver before all invoice sums due have been paid. Non-compliance with the conditions of payment or knowledge of any deterioration in the financial circumstances of the Purchaser will render all outstanding claims of the Seller due for immediate payment. Moreover, the Seller reserves the right to demand security or payment in advance for any outstanding supplies, or to withdraw from the contract after giving due notice, or to demand compensation for non-fulfilment.
3.4 The Seller reserves the right to refuse cheques or bills of exchange. Cheques and discountable bills of exchange will be accepted only as fulfilment. All costs connected therewith will be charged to the Purchaser.

4. Delivery, delivery date, delivery time
4.1 Should the agreed delivery date be exceeded, the Purchaser must set a reasonable period of notice (4-6 weeks) in writing. If the Seller is unable to comply with this period of notice, the Seller will be entitled to withdraw from the contract. Claims for compensation for delay or non-fulfilment of contract will not be accepted.
4.2 The Seller is entitled to deliver the goods before the agreed delivery date with the effect of discharging the obligation.
4.3 In case of force majeur, the Seller is entitled to delay delivery for the duration of the event in question, or withdraw from the contract with regard to the unfulfilled part thereof. In such cases, the Purchaser is not entitled to claim compensation. Force majeur will be interpreted as all circumstances beyond the control of the Seller which render delivery by the Seller or his suppliers difficult or impossible. Such circumstances will include e.g. strikes, lockouts, government intervention, shortage of power or raw material and disruptions in transport.

5. Transport
5.1 All consignments are transported at the expense and risk of the Purchaser. These may however be insured if explicitly requested by the Purchaser. This also applies to deliveries free of freight charges and in cases where the Purchaser has undertaken to carry out installation, set-up or other services himself. The premium for such insurance must be paid by the Purchaser.
5.2 Should no method or route of transport be specified by the Purchaser, the Seller will select both without assuming any liability.

6. Guarantee
6.1 We guarantee all goods supplied by us with the following exceptions.
6.1.1 Complaints will only be accepted where Purchaser notifies us in writing of all visible defects, deficiencies in quantity or incorrect deliveries within 8 days of the delivery. All complaints based hereon will be corrected by us (or a company commissioned by us) within a reasonable period of time. Differing complaints by the Purchaser arising from the corrections carried out by us will not be accepted.
6.1.2 We reserve the right to correct/repair defective supplies or provide replacement of equivalent value. Following two unsuccessful corrections or repairs, the Purchaser may demand a reduction in price or withdraw from the contract at his discretion.
6.1.3 Normal wear and tear resulting from certain types of use are not covered by our guarantee. Chip-cards and rubber components are not covered by our guarantee.
6.2 The guarantee will become ineffective where our instructions for installation and operation or those of the manufacturer are not observed. The guarantee will also become ineffective where the goods are not used in accordance with their correct purpose. Attempts to tamper with or repair the goods by the Purchaser or third parties will cause the guarantee to become ineffective.
6.3 We do not guarantee that the goods supplied are suitable for the purpose intended by the Purchaser. The period of guarantee will be 6 months from the date of delivery or the period of time stated by the manufacturer.
6.4 In case of delivery to a dealer, the dealer will assume responsibility for the statutory guarantee. The Seller will replace the parts covered by the guarantee on behalf of the dealer. Supplies of goods outside the EU must be approved by the Seller in writing.

7. Reservation of title
7.1 Goods supplied remain the property of the Seller until all outstanding claims against the Purchaser have been fulfilled, even when the purchase price for certain specific claims has been paid. In the case of continuous invoicing, the goods subject to reservation of title will be regarded as security for the balance of the invoice. If liability in relation to bills of exchange is established on the part of the supplier, the reservation of title will not expire until the bill of exchange has been honoured by the Purchaser as drawee. The right of disposal will expire automatically should the Purchaser suspend payments, or legal proceedings or composition proceedings be initiated, or bankruptcy be applied for with regard to his assets. The Purchaser is not entitled to otherwise dispose of the goods subject to reservation of title, in particular to offer them as pledge or other type of security.
7.2 In case of resale of the goods, the Purchaser transfers with immediate effect his claim resulting from such resale, and all his claims against his customers with all accessory rights, to the Seller until such times as all such claims by the Seller have been fulfilled. If requested to do so by the Seller, the Purchaser must provide the Seller with all the information and documents necessary to the enforcement of the rights of the Seller against the Purchaser.
7.3 Should the value of the security existing for the Seller exceed the total claim by more than 20%, the Seller will be obliged, at the request of the Purchaser, to release securities (as determined by the Seller) to an equivalent value.
7.4 Seizure of confiscation by third parties of goods subject to reservation of title must be notified to the Seller immediately. The costs of any intervention on the part of the Seller will be charged to the Purchaser unless borne by any other third party.
7.5 Should the Seller, in accordance with the above provisions, exercise his right to reclaim goods subject to reservation of title, the Seller will be entitled to sell or auction such goods without restriction.

8. Transfer of rights
The Purchaser is prohibited from transferring his rights under this contract to third parties.

9. Place of fulfilment
9.1 For all supplies and services, the legal domicile for both parties will be Wetzlar.
9.2 The place of fulfilment for our supplies and acceptance obligations will be Solms.

10. General limitation of liability
In all cases other than those given above, in which the Seller is contractually or legally obliged to pay compensation (including illegal action), he will be liable only to the extent that gross negligence or criminal intent can be proven against the Seller or his employees. In cases of exercise or treatment of unhealthy persons, we, as Seller, urgently require that such persons undergo medical or specialist examination beforehand.

11. Applicable law
The law of the Federal Republic of Germany will apply. The application of the UN Convention on the International Sale of Goods as published in Bundesgesetzblatt 1989, teil 1, S. 588 is hereby excluded.

12. Safeguarding clause
Should any provision or provisions of these Conditions be ineffective or invalid, the validity or effectiveness of the remaining provisions will not be affected hereby.