TERMS & CONDITIONS

GENERAL

The nature and scope of delivery are specified in the order confirmation. The following delivery terms shall apply to all deliveries to be carried out by us. Purchasing conditions of the customer do not oblige us, even if we do not expressly contradict this. Verbal or by intercom agreements made require our written confirmation. Obvious mistakes in offers, order confirmations, etc. are expressly reserved and can be considered at any time. We are entitled to process any data relating to the business relationship or in connection with the same concerning buyers, whether the buyer itself or third parties, within the framework of the Federal Data Protection Act.

OFFER

Our offers are permissive, an order is deemed to be granted if confirmed by us in writing. PRICES, DELIVERY BASIS AND PACKAGING Unless otherwise agreed, the prices in Euros, ex works, are exclusive packaging. In the case of special packaging regulations of the customer, the additional costs involved are invoiced. Packaging is not accepted.

DELIVERY

The delivery takes place at the expense and risk of the buyer without regard to who bears the freight costs. We reserve the right to place orders in partial deliveries. For custom-made products, excess or short deliveries of up to 10% are permitted.

DELIVERY TIME

The delivery time begins upon receipt of all information required for the execution of the order. We endeavor to comply with the delivery time specified in the order confirmation. No claims of any kind can be asserted from a delayed delivery.

COMPLAINTS

Complaints can only be accepted within 8 days after receiving of the goods.

GUARANTEE

For all BERNSTEIN tools, which are unusable due to proven material or manufacturing defects, we deliver within one year after deliver a replacement. This free replacement service is excluded if the tools have become unusable due to natural wear or improper handling.

DISCLAIMER

We do not assume any guarantee for the suitability of our products for the intended purpose of the customer. For damages caused by unsuitable or improper use, commissioning by the customer or third parties, and for the natural wear and tear we assume no guarantee. Any claims for damages, irrespective of the legal basis, as well as, in particular, the liability by tort (product liability) are excluded to the extent permitted by law.

PAYMENT

Our invoices are payable within 10 days of the invoice date with 2% discount or in 30 days net, unless otherwise agreed in the order confirmation.

RESERVATION OF TITLE

We reserve the title to all goods delivered by us until the buyer has paid all claims arising from the business relationship. The buyer is entitled to resell the reserved goods in ordinary business transactions. In the case of resale, the buyer has to reserve the ownership of the sold goods on the same terms as his customer. The purchaser hereby assigns to us the purchase price claim against the buyer from the resale.

FULFILLMENT AND JURISDICTION

Place of performance and jurisdiction for delivery and payment is Remscheid. In any case, only German law shall apply, with the exclusion of any foreign law.

ONLINE DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/ .

In order to settle dispute arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at 

https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.