General terms and conditions, national

Conditions of Carl Ingolf Lange GmbH for Sales of Used Capital Goods within Germany.

  1. General Conditions - Scope of Application

    1. Only the present Conditions of Sale shall apply; and we do not accept any conditions of the purchaser which conflict with or differ from our own conditions unless we have expressly agreed in writing that they shall apply. Our conditions shall apply even if we have made delivery to the customer without expressing any reservations and while aware of conditions which conflict with or differ from our own conditions.
    2. Our terms and conditions of delivery and payment shall apply not only to this contract but also to repeat orders and all future purchase contracts between us and the purchaser.

  2. Prices and Payment Conditions

    1. The prices stated in our quotations are applicable exsite and do not include dismantling, despatch of all or part of the machine nor packing. Sales tax at the currently applicable rate must be added.
    2. Our invoices are payable within 14 days from invoice date.
    3. The purchaser is in default on payment of our invoices from the 15th day after the invoice date without any reminder being required.
    4. In the event of default on payment, we are entitled to claim default interest at 3.5% p.a. above the current discount rate of the Deutsche Bundesbank. If we are able to prove greater prejudice as a consequence of the default, we are entitled to claim it. The customer is entitled to prove to us that we have suffered no prejudice or less prejudice as a result of the default.
    5. The purchaser may set off our claims only against undisputed or legally established counter-claims.
    6. The purchaser may claim a right of retention only when its counter-claim is based upon the same contractual relationship and is undisputed or legally established.

  3. Obligation to Provide Advance Performances
    The purchaser is obliged to provide advance performances. We are obliged to place the machine at the purchaser's disposal only after the latter has paid the purchase price, provided a bank guarantee payable at first call or has opened with our bank an irrevocable documentary credit issued by the purchaser's bank and containing our conditions.
  4. Transfer of Risk
    Unless we have assumed responsibility by contract for the dismantling and/or despatch of all or part of the machine, the risk of accidental destruction or accidental damage of the machine is transferred to the purchaser upon conclusion of the contract.
  5. Warranty and Prevention of Accidents

    1. We trade solely in used machines which are bought after inspection. We provide no guarantees except liability for the guaranteed characteristics. This shall apply even if the customer has not inspected the subject of the contract.
    2. We assume no liability for ensuring that the machines comply with the official accident prevention regulations. The purchaser must ensure this.

  6. Delivery Date

    1. Information about the delivery date is based upon our estimates and is not binding.
    2. We may not be held responsible for stoppages of work and force majeure in relation to the delivery date.

  7. Transport Contracts
    We are expressly authorised to conclude transport contracts in the purchaser's name.
  8. Retention of Title
    The subject of the contract remains our property until payment of the full purchase price.
  9. Agreement on the Extent of Compensation
    In the event of compensation for prejudice, the different between our purchase and sales price less the expenses payable by us under the contract must be refunded as lost profit. The purchaser retains the right to prove less prejudice. We reserve the right to claim larger prejudice.
  10. Exclusion of Liability

    1. We are obliged to provide compensation only if we can be blamed for infringing the contract by gross negligence or if one of our lawful representatives or agents has acted with intent or gross negligence. In either case, however, our liability is restricted to the damage caused to the machine which has been used in a typical manner when sold.
    2. We assume no liability that the machine and its accessories satisfy the purchaser's requirements.

  11. Final Provisions

    1. Should any provision of the contract or these conditions be or become invalid, the validity of the contract shall remain unimpaired. The invalid provision shall be replaced upon mutual agreement by a provision of the same economic tenor.
    2. The Courts of Stuttgart (Germany) shall have jurisdiction for all disputes deriving directly or indirectly from this contractual relationship, including summary proceedings for the enforcement of bills and cheques.

Carl Ingolf Lange GmbH – Philipp-Reis-Straße 6 – D-71642 Ludwigsburg – Germany
Tel. +49 7144/8577 - 0 – Fax +49 7144/8577 - 29 – info(at)