Our Applicable Sales, Delivery and Payment Conditions

1. General

Any deliveries and services are exclusively based on the following terms and conditions. The purchaser’s purchase conditions are expressly excluded herewith. We are not committed to such conditions, even if these have not been expressly objected again at the time of contract performance. All our offers are subject to change and noncommittal. Orders, price agreements and any other agreements also and in particular if these orders and agreements modify the sales conditions are subject to our written confirmation. 

2. Technical Documents

All information and illustrations as well as dimensions and weight tables, etc., are approximations, unless especially confirmed by us. 

3. Delivery Terms, Delivery Dates

Delivery terms and dates are approximations unless agreed otherwise. Delivery terms start with date of the order receipt. Delivery terms and dates refer to the time of dispatch ex works. In case of a delay, the purchaser agrees to allow a reasonable extension of time. If the delay is due to our production situation, the latter must be considered for calculating the extension of time. Damage claims due to non-performance or delayed performance are excluded. In case of a Force Majeure event with an impact on us, our pre-suppliers, transport companies or the purchaser, the delivery term is extended according to the duration of the Force Majeure event. 

4. Partial Deliveries

Reasonable partial deliveries are admissible.

5. Prices

The indicated prices are ex works and net of the applicable VAT. Packaging, shipping and transport insurance costs are not included.

6. Payment Terms

Payments within a period of 10 days from the invoice date are subject to a discount of 2%. All invoices are payable without deduction within 30 days from the invoice date. New customers pay in advance.

7. Despatch

Despatch is ex works and without any guarantee for the cheapest despatch method insofar as no specific arrangement is made. Shipments within Europe as from a net goods value of € 5,000 are delivered free, air and sea freight shipments are freight forward, below a net goods value of € 50 there is a processing fee of  € 10 ex works.

8. Liability and Warranty

Except for cases of intent and gross negligence, any liability of the seller’s legal representatives, assistants and employees is excluded. All items are subject to a guarantee (warranty) period of 12 months from the delivery of the products. If any product should become defective during the warranty period, the purchaser is at first entitled to a removal of the defect (remedy). If the remedy fails, the product is replaced by a similar or comparable new product. If such replacement is impossible, the purchase price will be reimbursed. Any additional damage claims are excluded. The purchaser is obligated to notify in writing to or have registered by the seller, any visible defects within 7 day from the goods receipt. Warranty obligations do not apply, if the occurred defect is due to an inappropriate use or overstressing of the purchased product or if parts have been mounted to the product or the latter has been modified without the seller’s consent or if the purchaser has not observed the operation, maintenance and servicing instructions (e.g. operation manual) of the product. Natural wear and tear and aging is excluded from the warranty.

9. Place of Delivery, Place of Venue

Place of delivery is the registered office of the seller. For all current and future claims resulting from business relationships with general merchants, including draft- and cheque claims, place of venue is solely the registered office of the seller. The same place of venue applies if the purchaser has no general domestic place of venue, or after conclusion of contract transfers his residence abroad, or the purchasers permanent dwelling is unknown at the point in time of the filling of a complaint. All other customers are subject to the competent legal venue for their place of residence. The same legal venue applies if the purchaser does not have a domestic general legal venue, relocates his/her  place of residence or usual domicile to a foreign country after the conclusion of the contract or if the place of residence or usual domicile is unknown at the time of filing a claim. All other customers are subject to the competent legal venue for their place of residence.

10. Data Privacy

Without your express consent, your data will only be used for processing your order and will be stored electronically in the context of a business relationship. Your data will only be forwarded to companies contracted for the delivery, to the extent required for order processing. Otherwise, your data will be treated strictly confidential and not disclosed to third parties.

11. Retention of Title

The goods remain the sole property of IKAR GmbH up to their complete payment.

12. Severability

If any of the provisions mentioned above becomes ineffective, all other provisions shall remain in full effect.