CONDITIONS OF PAYMENT
- Except as otherwise specified in our confirmation of order, our invoices shall be paid until the 5th of the following month, in which the invoice has been issued, without any deduction. Invoices for repairing and installations for earmarked vehicles as well as invoices for deliveries of vehicles shall be paid before or with collection of such vehicles. Payments by cheque shall be done by LZB- cheque.
- In the event, the payment term pursuant to figure 1 sentence 1 is exceeded, the contractual partner will be in default. In such a case, we are entitled to charge interest amounting to 5 % over the discount rate of the European Central Bank towards consumers and interest amounting to 8 % over the discount rate towards other customers. The assertion of further damages caused by default remains reserved. Sec.353 HGB remains unaffected.
- In case of part deliveries or part performances, DMC is entitled to refuse the performance of services still to be rendered under the contract in the event of a delayed payment of the contractual partner until the outstanding balances are settled. Further, DMC is entitled to demand cash on deliveries divergent to the provisions set forth in figure 1 regarding remaining services still to be provided.
- The non-observance of conditions for payment, occurrence of default or other circumstances minimizing the credit-worthiness of the contractual partner are entitling DMC to accelerate immediate maturity of claims arising from current business relations.
- The contractual partner obtains the right to off set with counterclaims only in the event, such counterclaims have become res judicata, are uncontested or have been acknowledged by us. The contractual partner is only authorized to exercise a right of retention, if the counterclaim is based on the same contractual relation.