Lucius & Baer | Engineered for the Extreme

Cookie policies

I. Validity agreement

The following Terms and Conditions of Sale and Delivery shall apply to all offers and order acceptances, as well as to all deliveries by L&B in business transactions with customers who fall under the list in Section 310 (1) sentence 1 BGB. The Customer shall also recognise these Terms and Conditions for all future transactions. Terms and conditions other than these, in particular the customer’s terms and conditions of purchase, shall not apply, even if these are not expressly rejected in another form. Should the customer assert the validity of its own terms and conditions in a manner that is not obviously unfounded, and should these contradict our terms and conditions, the statutory provisions shall take the place of the terms and conditions of both parties.

II. Offers and orders

  1.  All offers are non-binding. All orders must be accepted by written confirmation from L&B; in the event of immediate execution, the delivery note shall be deemed to be the order confirmation. Verbal collateral agreements and assurances shall be invalid without written confirmation from L&B.
  2.  All orders, including call-off orders, must be accepted in full within one year of order confirmation at the latest, unless otherwise agreed in writing.
  3. In the event of unjustified withdrawal from the contract by the customer, L&B shall be entitled to claims in the amount of the actual damage incurred. L&B may instead demand lump-sum compensation of 30% of the order value (excluding VAT), unless the customer can prove that L&B has incurred no or less damage.

III. Pricing

  1. All prices within the Federal Republic of Germany are net ex works including customs duties. Packaging, postage and VAT will be charged additionally. Additional costs arising from express delivery at the customer’s request shall be invoiced separately.

  2. The prices are based on the customs rates and currency parities valid on the date of issue of the order confirmation; in the event of changes, L&B reserves the right to adjust prices accordingly for deliveries made more than 4 months after conclusion of the contract.

IV. Delivery and transfer of risk

  1. If L&B is prevented from fulfilling the contract on time due to procurement, manufacturing or delivery disruptions, including at its suppliers, through no fault of its own, the delivery period shall be extended by the same period. The Customer shall be informed immediately of any extension of the delivery period. The customer must then set L&B a final grace period of 2 weeks in writing before asserting any other rights. In the event of non-fulfilment within the final grace period, the Customer must declare its withdrawal from the contract to L&B in writing.
  2. L&B shall be entitled to make correspondingly remunerated partial deliveries, unless partial fulfilment is of no interest to the customer.
  3. If the customer is in arrears with the payment of an earlier delivery, L&B shall have a right of retention to further deliveries.
  4. The risk shall pass to the customer as soon as the goods leave the business premises of L&B or the business premises of the forwarding agent commissioned by it. All consignments, including returns, shall travel at the risk of the customer.
  5. If the Customer refuses to accept deliveries or partial deliveries for an unjustified reason that lies within its sphere of risk, L&B may immediately set a grace period for acceptance without prior warning and store the goods at the expense and risk of the Customer. If the Customer continues to refuse acceptance after the grace period has been set, Paragraph II Article 3) shall apply accordingly.

V. Payment and delay

  1. L&B may effect delivery by cash on delivery at the customer’s expense.

  2. Payments must be made within 30 days of the invoice date without deduction, unless otherwise agreed in writing. Discount agreements shall also require written confirmation by L&B.

  3. Bills of exchange and cheques shall only be accepted by special written agreement and then only on account of payment and free of costs and charges for L&B.

  4. If the customer fails to meet a call-off date, the risk for the goods shall be transferred to the customer immediately and L&B may demand acceptance concurrently with payment (including storage costs) after issuing a reminder.

  5. The assertion of rights of retention by the Customer shall be excluded unless the Customer’s counterclaim is based on the same contractual relationship. Offsetting against counterclaims of the customer shall be excluded unless the counterclaim has been recognised in writing by L&B or has been legally established.