Unless otherwise agreed, all invoices shall become due for payment without deduction after delivery of the goods within30 days of the invoice date. If payment is made within 14 days of the invoice date, we shall grant a 2% discount, provided that the partner is not in arrears with other payments.
Where it is not disputed that we have supplied partially defective goods, our partner shall nevertheless be obligated to pay for that part of the goods which is not defective, unless partial delivery is not in the interest of the partner. Apart from that, the partner shall be entitled to set off any claim only against final or undisputed counter-claims.
If any payment is delayed, we shall be entitled to demand interest for default in the statutory amount as well as reasonable dunning charges which shall at least be €5 per dunning letter.
If any payment is delayed, we shall be entitled to stop discharging our obligations after written notification of the partner until the relevant payments are received.
Bills of exchange and cheques shall be accepted only by arrangement and only in lieu of performance and under the precondition of their discount ability. Discount charges shall be charged from the day the invoice amount is due. Any guarantee of correct presentation of the bill for acceptance and for bill protest shall be excluded.
If the partner uses a central settlement organization, then the invoice shall be settled only upon the crediting of the amount to our account.
If after conclusion of the contract it becomes foreseeable that our payment claim will be threatened by the partner’s insufficient ability to perform, we shall be entitled to refuse to deliver and set the partner a reasonable time-limit within which it shall match payment with delivery or furnish security. If the partner refuses this or if the time-limit expires unsuccessfully, we shall be entitled to rescind the contract and claim damages for non-performance.