a) By placing an order, the customer acknowledges the General Terms and Conditions of Roland Bittner GmbH. Verbal agreements are invalid. German law applies to the contractual relationship.
b) We hereby object to any deviating terms and conditions stated in order forms or order letters from customers. These do not become binding even if we do not expressly reject them.
c) Our General Terms and Conditions also apply to future deliveries based on telephone or electronic orders.
We are bound by our offers for two weeks. Costs for the creation of drafts and models are not included in the offer price; they will be invoiced separately to the customer. We retain ownership and copyright of our offer documents (drafts, models, final drawings, etc.). These may not be made accessible to third parties and must be returned to us upon request. All delivery dates are always non-binding unless expressly confirmed in writing as binding. If the buyer is required to provide components for the execution of the order, they must be delivered free to the production site, in the agreed quantity or, if not agreed, with a reasonable surplus to account for possible rejects, in a timely manner, free of charge, and free of defects. If this is not done, any resulting costs or consequences will be borne by the buyer.
Prices are subject to the statutory value added tax applicable at the time the order is placed. If the tax rate is subject to a change between the conclusion of the contract and delivery, we reserve the right to charge or refund any undercharged or overcharged VAT amount, unless otherwise stipulated by law.
The prices are for delivery ex works, unless otherwise agreed.
a) Invoices are payable within 14 days of invoicing with a 2% discount or 30 days net.
b) Tool costs are payable net within 8 days of invoicing.
c) Contract work is payable immediately net.
d) Bills of exchange are accepted only if agreed upon and only on account of performance. Discount charges and other costs are borne by the drawee and must be reimbursed in cash immediately. Roland Bittner GmbH is not liable for timely presentation, protest, etc. No discount is granted for payments by bill of exchange.
e) In the event of late payment or deferral, interest of 8% above the base rate and processing fees will be charged. The second and each additional reminder will incur a fee of €3. Payments must be made exclusively to the bank account of Roland Bittner GmbH indicated on the reverse, with reference to the invoice and customer number.
f) The customer may only offset undisputed or legally established claims against Roland Bittner GmbH. The right of retention is only applicable if the counterclaim arises from the same contractual relationship.
g) Failure to comply with payment terms or newly discovered circumstances casting doubt on the buyer's willingness or ability to pay entitle Roland Bittner GmbH to withdraw from the contract or demand advance payment.
a) Roland Bittner GmbH retains ownership of the delivered goods until all claims from the business relationship have been fulfilled, including interest, ancillary charges, and legally justified legal enforcement costs, including those resulting from third-party seizures. Any enforcement measures must be reported to us immediately. The buyer bears the costs of necessary legal intervention.
b) The buyer is entitled to resell the delivered goods in the ordinary course of business. In this case, the buyer hereby assigns all future claims against their own buyers from the resale to Roland Bittner GmbH. Payments received from third parties are to be held in trust for Roland Bittner GmbH and forwarded immediately to settle any outstanding obligations. Roland Bittner GmbH undertakes to release securities if and insofar as their value exceeds the total claims by more than 20%.
a) Deliveries are made at the customer's risk.
b) Roland Bittner GmbH is released from its delivery obligations for the duration and consequences of force majeure or other unforeseeable and unavoidable circumstances (e.g., war, government actions, operational disruptions, strikes, lockouts), whether these occur at our company or our suppliers. We may, but are not obligated to, make up for deliveries missed during such disruptions.
c) Risk transfers to the buyer when the goods are handed over to a freight carrier or shipping agent, or upon departure from the warehouse or— in the case of drop shipments — from the delivery plant, even for free or prepaid shipments. Unloading costs are the responsibility of the buyer. Insurance is arranged only upon the buyer’s instruction and at their expense.
d) We are entitled to make partial deliveries within reasonable limits. For custom-made goods, over- or under-deliveries of up to 10% of the ordered quantity are permitted.
a) Obvious defects must be reported immediately after discovery, accompanied by a sample or inspection report.
b) Hidden defects must also be reported immediately upon discovery, with a sample or inspection report..
c) Rejects of up to 3% of the delivery, material thickness variances in plastic parts of ±10% on average, and minor deviations in shape and color are considered standard and do not justify complaints.
d) All warranty claims expire no later than one month after a defect complaint is rejected.
e) If our contractual partner is a business, our warranty for defect-free products lasts for one year from delivery. For other contractual partners, statutory warranty periods apply.
f) For third-party products (traded goods), our liability is limited to assigning our claims against the supplier, provided we could not have identified the defect.
In the case of call-off orders, we are entitled to manufacture the entire order in one batch. Change requests after order placement are only accepted if expressly agreed upon.
Call-off orders are only accepted with fixed call-off dates. If the buyer fails to adhere to these dates, Roland Bittner GmbH will grant a four-week grace period. After that, Roland Bittner GmbH may invoice the goods and demand immediate payment. Additionally, storage costs may be charged based on shipping industry rates.
a) Liability of Roland Bittner GmbH or its agents for other damages in the case of simple negligence is limited to foreseeable, contract-typical damages.
b) For any damages caused by Roland Bittner GmbH, total liability is limited to €12,500 per case, unless the damage was caused intentionally or by gross negligence, or involves bodily harm.
c) Roland Bittner GmbH is not liable for indirect or consequential damages unless caused intentionally or by gross negligence, or involve bodily injury.
a) If the buyer fails to accept the ordered goods as agreed, Roland Bittner GmbH is entitled, after a fruitless grace period, to withdraw from the contract or claim damages for non-performance.
b) Return of ordered goods is only permitted with prior approval from Roland Bittner GmbH. Returns are at the buyer’s expense.
Should any provisions of these terms and conditions be wholly or partially invalid or unenforceable, or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The same applies if the contract contains a loophole. In place of the invalid or unenforceable provision, or to fill a gap, an appropriate provision shall apply which, as far as legally possible, most closely reflects what the parties would have intended had they considered the matter at the time of the contract's conclusion.
The place of performance is the registered office of Roland Bittner GmbH. If the customer is a registered merchant, legal entity, or public-law special fund, the place of jurisdiction is the registered office of Roland Bittner GmbH. However, Roland Bittner GmbH reserves the right to sue the customer at their place of residence.