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Distribution / Sales
Frau Marion Schwarz
Tel.: +49 89 900 001 - 21
GENERAL TERMS AND CONDITIONS
I. Basis of Contract
- All our deliveries and services, including future deliveries and services, including consultations and other ancillary services, shall be subject exclusively to these terms and conditions. Any deviating terms and conditions of the purchaser are hereby rejected.
- Our offers are subject to change. Contracts and changes thereto shall only become binding upon our written confirmation.
- The agreed drawings, samples, descriptions and similar documents shall be deemed to be the technical basis of the contract, whereby the customary material numbers, designations and DIN tolerances shall be authoritative for raw materials.
- Weight specifications are non-binding for us. The deviations in sheet thickness and format customary for deliveries of rolling mills are also permissible for us.
- Only the perforated plate standard DIN 24041-24043 is binding for the design of the ordered goods, which also includes deviations and tolerances.
- In the case of sheets with prescribed unperforated edges, we reserve the right to deviations resulting from the existing punching tools or other mechanical equipment. Any differences shall be distributed evenly over all edges.
- The formation of light flash rust shall not be considered a reason for complaint.
- All offers and contracts are subject to the possibility of execution.
- In the absence of an agreement, no special surface quality of the base material is owed, in particular no freedom from grease.
- Prices are ex works plus applicable value added tax in EUR and do not include ancillary costs, in particular packaging, freight and insurance.
- In the case of prices agreed "free delivery point", freight, but not insurance costs, are included, whereby perfect condition and immediate unloading by the purchaser are assumed.
- If significant cost factors (in particular wages, materials, energy costs, statutory provisions) change, we shall be entitled to adjust the prices.
- The customer is not entitled to withhold payments or to offset them against disputed counterclaims.
- Payments shall be made in cash without deduction no later than 30 days after the invoice date. We grant a 2% discount for payments within 10 days. Contract work is due immediately without discount.
- Bills of exchange and checks will only be accepted by the holder of the payment and on the basis of special agreements. All expenses shall be borne by the customer. Credit notes are made subject to receipt less all expenses with value date of the day on which we can dispose of the countervalue without reservation.
- In the event of overdue payments, interest shall be charged in accordance with the respective bank rates for short-term credits, at least 2% above the respective Bundesbank discount rate, plus the applicable value-added tax.
- Our claims shall become due immediately, irrespective of the term of credited bills of exchange, if payment terms are not met or circumstances become known which are likely to reduce the creditworthiness of the customer. We are also entitled to make outstanding deliveries only against advance payment, without prejudice to other rights.
- We shall also be entitled to prohibit the resale, processing, combining and mixing of goods subject to retention of title and to demand their return at the Purchaser's expense and to revoke any authorization to collect.
- The customer authorizes us to enter rooms in which reserved goods are stored and to take them away.
- If - for whatever reason - difficulties should arise in the transfer of payments to the Federal Republic of Germany, the Purchaser shall compensate us for any disadvantages resulting therefrom.
IV. Delivery and performance periods
- Deadlines shall commence on the date of the order confirmation, but not before clarification of all details, in particular only after resubmission to us of the working drawings checked and approved by the orderer; the same shall apply to deadlines.
- Deadlines and dates refer to the time of readiness for dispatch, delivery or acceptance.
- Changes to the subject matter of the contract shall change delivery and performance times accordingly.
- Events of force majeure - even in the case of delay - shall entitle us to postpone delivery for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract on account of the unfulfilled part. Force majeure shall be deemed to include strikes, lock-outs, blockades, shortages of operating and raw materials, failure of a tool, official decrees and similar circumstances which make it substantially more difficult or impossible for us or our sub-suppliers to deliver and perform.
- The customer may withdraw from the unfulfilled part of the contract if he cannot reasonably be expected to wait any longer and we declare that we will not be able to fulfill the contract in full for the foreseeable future.
- If the customer does not fulfill his obligations - also from other contracts - we can - without prejudice to other rights - determine a new delivery and performance time within the scope of our planning.
- We are entitled to make partial deliveries. If call-off orders are not called off in accordance with the contract, we shall be entitled to invoice call-off quantities that have become due and to send them to the purchaser after a further 2 weeks have elapsed, at the same time as any processed or unprocessed material, with immediate invoicing of the agreed remuneration, at least our total expenditure.
- In the case of current delivery schedules, the purchaser must give notice of the planned discontinuation of the part as soon as possible, at least 6 months before discontinuation; otherwise he must reimburse pre-planned material and production expenditure.
V. Ownership and copyright
- In our cost estimates. drawings and other documents as well as to the tools, devices and moulds used for the execution of the orders, we reserve the exclusive property and copyright.
VI. Shipment and Transfer of Risk
- We shall determine the forwarding agent, carrier, shipping route, method, means of transport and protection. The General German Forwarders' Terms and Conditions shall also apply to us.
- We may store goods which have not been called off in accordance with the contract at the expense and risk of the customer at our discretion.
- Upon handover of the goods to the forwarder or carrier, at the latest upon leaving the factory, in the case of products subject to acceptance or collection, upon expiry of 1 week after the acceptance or collection date notified by us, the risk - including any seizure - shall pass to the customer. This also applies to partial deliveries.
- In the case of services, in particular in the case of contract work, the risk shall pass to the Purchaser as the work progresses.
- Defective delivery items shall nevertheless be accepted without prejudice to any rights of the Purchaser.
- Insurances will only be taken out at the expense of the purchaser if he has noted the request on each order.
- Weights and/or stucco figures determined by us shall be decisive for the calculation. Excess or short deliveries of up to 10% or 5% respectively are permissible (bulk articles).
- Packaging will not be taken back - exception, lattice boxes.
VII. Industrial property rights of third parties
- The purchaser assumes all liability for infringements of third party rights caused by his specifications, in particular for export deliveries.ent and Transfer of Risk
VIII. Retention of Title and its Special Forms
- Goods shall remain our property (goods subject to retention of title) until all claims, including balance claims, have been satisfied, even in the case of payment on specially designated claims.
- Processing of goods subject to retention of title shall be carried out for us as manufacturer in the sense of § 950 BGB (German Civil Code) without obligating us. Processed goods shall be deemed to be goods subject to retention of title.
- If goods subject to retention of title are combined or mixed with other goods, we shall be entitled to co-ownership of the new item or stock in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods. If our ownership lapses as a result of combining or mixing, the customer shall already now transfer to us his ownership of the new item or stock to the extent of the invoice value of the goods subject to retention of title. He shall keep new property for us free of charge (reserved goods).
- The customer may only sell goods subject to retention of title in the ordinary course of business under his normal terms and conditions and as long as he is not in default.
- The fulfillment of a contract for work and services or a contract for work and materials or the installation in real estate or facilities connected to real estate by the customer shall also be deemed to be a resale.
- Claims of the purchaser - including balance claims - from the resale of goods subject to retention of title are already assigned to us now.
- If goods subject to retention of title are sold together with other goods, the assignment of the claim from the sale of the goods shall only apply to the amount of our invoice value of the goods subject to retention of title. In the event of the sale of goods in which we have co-ownership, the assignment shall only apply to the amount of the co-ownership.
- The customer is only entitled to collect assigned claims until we revoke this right and is obliged to inform his customer(s) of the assignment immediately upon our request, unless we do this ourselves, and to provide the information and documents required for collection.
- Insofar as the purchaser is entitled to claims against insurers or other third parties as a result of damage, reduction, loss or destruction of goods subject to retention of title or for other reasons, these shall be assigned to us in advance with all ancillary rights up to the amount of our claims.
- Rights from the reservation of title and all specified special forms thereof shall apply until our complete release also from contingent liabilities.
- The purchaser must notify us immediately of any seizure or other impairment of goods subject to retention of title.
- If the reservation of title or its above special forms are not effective according to the law in whose area the goods subject to reservation of title are located, the security corresponding to this area shall be deemed to have been agreed with the obligation of the purchaser to provide the necessary cooperation.
- We provide a warranty for any defects (including quantity and weight) including the absence of warranted characteristics to the exclusion of any further claims as follows.
- Defects must be notified in writing without delay - recognizable defects within 8 days after receipt at the place of destination at the latest. Otherwise, the right to claim for defects shall expire.
- For justified defects, we shall grant, at our discretion, replacement delivery, rectification of defects, reduction of the purchase price or withdrawal from the contract. Replaced parts become our property.
- We shall only be liable for defects in materials supplied by third parties to the extent of the supplier's warranty.
- If we do not comply with our warranty obligation, the customer shall have the right to withdraw from the contract after expiry of an appropriately set grace period of at least 10 working days.
- No warranty shall be assumed for delivery parts that are subject to premature wear and tear due to their material properties and the way in which they are used, nor for defects that arise as a result of improper storage or use, natural wear and tear, incorrect or negligent handling, excessive stress, unsuitable operating materials, defective design or as a result of the effects of temperature, weather, chemical agents or other natural influences.
- The warranty period of 6 months begins with the transfer of risk. For replacement deliveries, the warranty period begins anew. Rectification work shall not affect the expiry of the original warranty period.
- Warranty rights shall expire if rectification work is carried out by the customer without our prior written consent.
- After acceptance has taken place or is deemed to have taken place, defects which would have been detectable during acceptance can no longer be notified.
- Persons sent to inspect defects cannot acknowledge defects with effect against us.
- Further claims shall be excluded to the extent legally permissible; this shall apply in particular to claims for compensation for damage which has not occurred to the subject matter of the contract itself.
- The foregoing shall also apply to deliveries of goods other than those stipulated in the contract.
- Our liability shall be governed exclusively by the agreements made in the preceding sections All claims not expressly conceded therein, for whatever reason, shall be excluded to the extent legally permissible, limited to 5% of the delivery value to the extent not excludable, and shall become statute-barred 6 months after the passing of risk.
XI. Contract work
- If materials, parts, semi-finished products or tooling or other parts are provided by the customer in the case of contract work - the same applies to partial contract work - we shall only be obliged to inspect delivered parts if inspection and the bearing of costs for this have been expressly agreed at the expense of the customer.
- If delivered parts become unusable as a result of force majeure or equivalent (cf. IV.4.) or other circumstances for which we are not responsible, this shall not give rise to any claim against us for replacement of delivered parts free of charge or reimbursement of other costs.
- If delivered parts become unusable due to material defects, we shall be compensated for these parts free of charge, as well as for the expenses incurred by us and any consequential damages.
- The material delivered to us will be professionally processed. The risk of rejects depends on the number of pieces of bleaching. difficulty of perforation and hole pattern, and cannot be assumed by ins.
- The liability in case of damage is limited to the amount of the wage processing costs at the most.
XII. place of performance, place of jurisdiction, application of law, binding language
- Place of performance and jurisdiction for both parties to the contract is Munich.
- For all legal relations - also with third parties - only the law applicable at our registered office shall apply, to the exclusion of foreign law. The application of international sales laws is excluded.
- In the case of multilingual contract texts, the German version shall be binding.
XIII. Partial Invalidity
- In the event that due to statutory provisions. In the event that individual parts of the terms and conditions are ineffective due to statutory provisions, in particular the General Terms and Conditions Act, it is agreed that the affected, ineffective parts of the terms and conditions shall be replaced by the legally permissible provision. This applies in particular to contracts with non-purchasing parties.
XIV. Third Party Beneficiaries, Prohibition of Assignment
- No rights of third parties shall be established hereby.
- Any assignment of claims, rights and entitlements by the Purchaser shall require our prior written consent.
XV. Special acceptance procedures and costs
- A specially agreed acceptance must take place immediately in our works at the expense of the purchaser on the notified acceptance date. If acceptance does not take place, it shall be deemed to have taken place 1 week after the notified acceptance date.
- We are not responsible for official or non-official regulations and requirements for the product or our manufacturing facilities that were not known when the order was placed.
- Irrespective of any official or non-official certificates yet to be issued, the invoice amount shall become due upon acceptance having taken place or being deemed to have taken place.