Terms of service
1. Formation of Contract
All orders require written confirmation from S+R automation systems GmbH to become binding. Any purchasing terms from the Buyer that differ from these Terms are not accepted unless expressly agreed in writing.
2. Payment
- Invoices are payable in full within 30 days of receipt.
- A 2% discount applies to payments made within 14 days.
- Late payments may be subject to interest of 9% per year above the European Central Bank (ECB) base rate.
- If the Buyer’s financial situation deteriorates significantly, we may require advance payment or suitable security.
3. Delivery & Shipping
Delivery times begin once the order is confirmed in writing and all details are clarified. Goods are shipped from our facility. Details regarding carriers, costs, and delivery times are set out in our Shipping Policy, which is incorporated by reference into these Terms. Risk passes to the Buyer once goods are handed to the carrier or leave our facility. Packaging follows industry standards.
4. Retention of Title
All delivered goods remain our property until payment in full has been received. The Buyer may resell goods in the ordinary course of business, provided that any resulting claims are assigned to us as security.
5. Returns and Refunds
In addition to statutory warranty rights, our Refund Policy applies and is incorporated by reference into these Terms.
- Standard (non-customized) products may be returned within 30 days of receipt, provided they are unused, undamaged, and in original condition.
- Custom-built products (e.g., linear actuators configured to customer specifications such as stroke length, motor type, speed, force, voltage, limit switches, connectors, or mounting options) are excluded from return once production has started, unless defective.
- Refunds are processed within 14 days of receipt and inspection of returned goods, using the original payment method.
- Return shipping costs are borne by the Buyer unless the goods are defective.
6. Warranty
- Defects reported promptly will be remedied by repair or replacement.
- If this is not successful, statutory warranty rights under applicable law apply.
- Claims for visible defects after acceptance are excluded.
- For downgraded or second-grade products sold as such, no warranty applies for disclosed defects.
7. Liability
- We are liable only for damages caused by intent or gross negligence.
- Liability for agents applies only when essential contractual obligations are breached.
- Mandatory liability under product safety and product liability laws remains unaffected.
8. Taxes & Export
- For U.S. customers, no VAT (value added tax) is charged.
- For EU deliveries, the Buyer must provide a valid VAT ID to avoid VAT charges.
- For exports outside the EU, proof of export may be required for tax purposes.
9. Governing Law & Jurisdiction
This agreement is governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is our registered office in Germany. However, we also reserve the right to pursue claims in the Buyer’s jurisdiction.
