Allgemeine Lieferungs- und Zahlungsbedingungen

9. Shipment and transfer of risk
Seite 8 von 10
Umform- und Bearbeitungstechnik
(1) Goods that have been notified as ready for shipping must be accepted without delay, otherwise we are entitled,
at our option, to ship them or to store them at the purchaser’s cost and risk. We are also entitled to the latter
option if the shipment we have undertaken cannot be performed through no fault of our own. The goods shall
be deemed as delivered one week after commencement of storage. In the absence of any special agreement,
we will choose the transport method and route. Partial deliveries are permitted.
(2) The risk of the goods is passed to the purchaser when the goods are passed to the railway operator, the carrier
or the freight forwarder, or on commencement of storage if applicable. This also applies where we have carried
out the delivery.
10. Delayed delivery
(1) If we can see that the goods cannot be delivered within the delivery period we will notify the purchaser and
state the reasons, and where possible will indicate the estimated delivery time.
(2) If the delivery is delayed by one of the circumstances listed in section 14 or due to an action or neglect by the
purchaser, an extension of the delivery time will be granted appropriate to the circumstances.
(3) The purchaser is only entitled to withdraw from the contract where we are responsible for non-compliance with
the delivery date and he has set a suitable extension period to no avail.
11. Retention of title
(1) We retain title to the delivered goods until all claims arising from the business relationship have been satisfied;
all deliveries shall be considered as one inclusive delivery transaction. In the case of current accounts, the
reserved goods shall serve as security for our payment balance claim.
(2) The purchaser is entitled to resell the delivered goods in the course of normal business operations unless we
revoke this authorisation. He may not however either pledge the reserved goods or assign them by way of
security. He is obliged to safeguard our rights in the event of a credited resale of the reserved goods.
(3) Withdrawal from the contract is not necessary to claim the retention of title, unless the customer is a consumer.
(4) The purchaser shall assign as security all claims and rights from the sale, or from rental granted to the
purchaser where applicable, of goods to which we have right of ownership with immediate effect. We herewith
accept the assignment.
(5) Any finishing or processing of the reserved goods is always performed by the purchaser on our behalf. If the
reserved goods are processed with other objects that are not our property or inseparably mixed with them, we
shall acquire co-ownership of the new product in the ratio of the invoice value of the reserved goods to that of
the other processed or mixed goods at the time of the processing or mixing.
(6) If our goods are combined or inseparably mixed with other moveable goods into a unified product and the other
product is considered to be the main object, the purchaser shall transfer to us a proportion of co-ownership to
the extent that the main product belongs to him. The purchaser shall keep the ownership or co-ownership for
us. As for the rest, the same shall apply to the object arising from processing, combining or mixing as for the
reserved goods.
(7) The purchaser must notify us immediately of any enforcement measures by third parties in respect of the
reserved goods, the claims assigned to us or other securities, and must provide us with all the documents
necessary for an intervention. This also applies to impairments of any other kind.
(8) If the value of the existing securities exceeds the secured claims by more than 20% overall, we are obliged to
release securities at our choice to that extent at the purchaser’s request.