5. Prices and payment conditions
5.1 Unless otherwise agreed in writing for the individual case, our current price lists apply on the date of contract conclusion, in euros plus statutory VAT (“Prices”).
5.2 We are allowed to change prices if there are significant changes to price factors that occur after contract conclusion, such as changes to materials, supplier parts, wages, social security contributions, taxes. In this case, we are entitled to raise the prices in line with the increase of the relevant price factors.
5.3 All prices apply ex works (EXW, Incoterms 2010) and without any ancillary costs, particularly without transport, insurance, commissioning and other expenses associated with application on the customer’s premises, which must be paid by the customer.
5.4 Our services, such as commissioning, maintenance, installation and other application assistance, insofar as the provision of these services has been agreed with the customer in the respective contract, will be charged based on actual expenses unless otherwise agreed in writing with the customer.
5.5 For an order value of less than 50.00 EUR, WEH is entitled to charge a minimum quantity surcharge. This is calculated as the difference between the order value and 50.00 EUR.
5.6 If we make adjustments to serially produced products in order to fulfil specific customer requirements, these will be charged based on expenses unless otherwise agreed in writing with the customer.
5.7 If a shipping agreement exists (Section 4 (2)), the customer will pay the transport costs ex works from WEH and the costs of transport insurance if desired by the customer.
5.8 Unless otherwise agreed, invoice amounts become due 30 days after delivery or provision of services and invoicing without discounts.
5.9 For orders of more than 25,000 EUR, the following maturity regulations apply: 1/3 of the overall invoice amount is due within 30 days after conclusion of contract, 1/3 within 30 days after notification of our readiness to deliver/perform services and 1/3 within 30 days after delivery or provision of services and invoicing. The respective amounts are due without discounts.
Notwithstanding the above-mentioned maturity regulations, we may also agree on advance payment with the customer.
5.10 The customer shall bear all costs, fees and other charges, which will be charged by its payment service provider (e.g. its bank) for the provision of payment services, particularly for the execution of cashless payment transactions (together "Transaction Fees"). In this respect, the customer shall not be entitled to deduct any Transaction Fees from our invoiced amounts.
5.11 Notwithstanding the provisions of Sections 366 and 367 BGB and any instructions of the customer, we are entitled to determine the sequence of claims to be fulfilled by the customer’s payment.
If the customer also has to pay interest and costs apart from the claim, payments that are insufficient to repay the entire debt will first be applied to the costs, then to the interest and finally to the claim.
5.12 Our payment periods are binding. Once the above-mentioned payment periods elapse, the customer enters into default. The amount owed will accrue interest during the period of default at the currently applicable statutory default interest rate. We reserve the right to assert more extensive damage claims owing to default. With respect to merchants, our claim to commercial default interest (Section 353 HGB) remains unaffected. If the customer is in default of payment, we are also entitled to withhold all deliveries or services.
5.13 The customer is only entitled to offsetting or retention rights insofar as the claim is uncontested or has been established by a final judgment, or if the claim is based on the same contractual relationship.
5.14 If it becomes evident after conclusion of the contract (for instance through a request to open insolvency proceedings) that our payment claim is threatened by the customer’s inability to pay, we are entitled to refuse performance and withdraw from the contract according to the statutory regulations, if necessary after specifying a period for rectification (Section 321 BGB).