General Terms and Conditions Conditions of sale

VEM motors GmbH
VEM motors Thurm GmbH


Goods are supplied in accordance with General Conditions of Supply and Delivery for Products and Services of the Electrical Industry, which we will supply upon request. They are extended by the following VEM motors GmbH addition and supplementary conditions.


Clause III – Retention of title

1. The goods remain the Supplier’s property until all his claims against the Buyer arising from the business relationship are met (Goods subject to retention of title clause).

2. Before satisfaction of such claims the goods may not be pledged or transferred by way of security. Resale is permitted only by resellers in the regular course of business outside of current account conditions and only subject to the condition that the reseller obtains cash payment from his customer or makes the proviso that title shall pass to the customer only when the latter has performed his payment obligations in full.

In the event of resale the Buyer hereby assigns to the Supplier by way of security his future claim against his customer arising from resale, together with all ancillary rights, and no special declarations shall be required at later date. If the goods subject to retention of title clause are resold together with other articles without a unit price being agreed for the goods subject to retention of title clause, the Buyer assigns to the Supplier, with priority before the remainder of the claim that part of the claim to the total price which corresponds to the value of the goods subject to retention of title clause invoiced by the Supplier plus an extra charge of 10 % of that value. Until further notice the Buyer is authorized to collect the assigned claims arising from resale. On demand by the Supplier the Buyer must notify the customer of the assignment, give the Supplier the necessary information for enforcing his rights against the customer, and to deliver the necessary documents. All costs of collection and intervention, if any shall be met by the Buyer.

3. The Buyer is permitted to process or remodel the goods subject to retention of title clause or to combine them with other articles. Processing or remodelling shall be on the Suppliers behalf. He shall become the direct owner of the article produced by processing or remodelling. If this is impossible on legal grounds, the Supplier and the Buyer agree that the Supplier shall become owner of the new article at any time during processing or remodelling. The Buyer shall keep the new article on the Supplier’s behalf with the care of a regular businessman. The processed or remodelled article shall be deemed to constitute goods subject to retention of title clause.

In the case of processing, remodelling or combination with other articles not belonging to the Supplier, the Supplier shall have joint title to the new article equivalent to the ratio of the value of the processed, remodelled or combined goods subject to retention of title clause to the value of the new article.

In the event of sale of the new article the Buyer hereby assigns to the Supplier by way of security his claim against the Purchaser arising from resale, together with all ancillary rights, and no special declarations shall be required at later date. However the assignment shall only apply to an amount corresponding to the value of the processed, remodelled or combined goods subject to retention of title clause invoiced by the Supplier plus an extra charge of 10 % of that value. The share of the claim assigned to the Supplier shall take priority over the remainder of the claim.

If the goods subject to retention of title clause are combined by the Buyer with land or movable property, the Buyer also assigns to the Supplier by way of security his claim to remuneration for such combination, together with all ancillary rights, and no further special declarations shall be required. As regards the amount of the assigned claim Clause 3, paragraph 2 shall apply correspondingly.

4. The Supplier is entitled to take possession of goods subject to retention of title clause, if the Buyer is in default with satisfaction of claims against him arising from the business relationship. A demand for delivery or taking possession shall not constitute withdrawal from contracts. The Supplier is entitled to realise the good subject to retention of title clause and to take payment from the proceeds through offsetting against outstanding claims.

5. If the value of the securities exceeds the Supplier’s claims against the Buyer arising from the current business relationhip by more than 25 %, the Supplier covenants, upon demand by the Buyer, to release at his option securities held by him to that extent.

6. Goods subject to retention of title clause, joint title shares in processed, remodelled or combined articles and the claims assigned shall pass to the Buyer after complete satisfaction of all the Supplier’s claims arising from the business relationship.

7. Even if individual points of these conditions are legally invalid, the remaining parts shall still be binding.


Clause XIII – Jurisdiction

Application of the Unified Sale of Goods Acts is excluded.


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VEM Sachsenwerk GmbH
VEM transresch GmbH


We refer to the following „ General Conditions“ of ZVEI:


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