GTC

GTC (general terms and conditions)


I:

  Validit

II.

  Conclusion of a contract

III.

  Prices

IV.

  Payment

V.

  Retention of title of ownership

VI.

  Delivery time

VII.

  Transportation, passage of risk

VIII.

  Warranty and liability

IX.

  Final provisions

 

 

 

I. Validity

 

1.

We deliver exclusively in accordance to the following delivery and payment conditions. These apply to all our deliveries, unless a deviating clause has been explicitly agreed upon.

 

2.

Contrary terms and conditions of contracting partners, that are against our sale conditions, go unrecognized and are excluded. This contradiction is also valid if after receipt of contrary terms and conditions, a special rejection on our part does not take place.

 

3.

Contrary terms and conditions of contracting partners, that are against our sale conditions, go unrecognized and are excluded. This contradiction is also valid if after receipt of contrary terms and conditions, a special rejection on our part does not take place.

 

4.

By issuance of an order every contracting partner recognises our terms and conditions as for him/her juridical obligatory.

 

II. Conclusion of a contract

 

1.

Our offers are always without subject to confirmation.

 

2.

Oral side agreements, contract extensions, or contract changes must receive our written confirmation in order to become legally binding.

 

3.

Orders made by telephone have to be confirmed by the contracting partner in written form, if urgent via fax. Otherwise the consequences of incorrect order fulfilments that result due to misunderstandings or hearing defects are not to the disadvantage of us.

 

III. Prices

 

1.

All our quoted prices are net, ex factory.

 

2.

We stick to our offered prices thirty days after announcement.

 

3.

Invoices always follow the prices applicable on the day of delivery plus value added tax.

 

IV. Payment

 

1.

Our invoices are payable as follows: Within 10 days with 2% discount, or within 30 days net, both in reference to the invoice date.

 

2.

Prepayment has to be made for all deliveries to foreign countries.

 

3.

The payment has to be made independent of the receipt of goods. This does not affect the right of complaint.

 

4.

We reserve for ourselves to carry out the delivery to contracting partners against cash in advance, direct debit or cash on
delivery, if we are not enough informed about their solvency. Unsecured or open credit can only be granted as long as it appears to be secure enough.

 

5.

In the case of default we calculate during the delay 8% interest over the base rate, provided that we cannot require higher interest due to another legal cause. We reserve the right to make claims for additional damage.

 

6.

The acceptance of bills of exchange or cheques takes place only by payment, the contracting partner bears the costs of the discounting and the collection.

 

7.

In the case of sale against foreign currency, the amount to be transferred must correspond to the EURO amount at the time of invoicing, regardless of the currency-amount stated in foreign currency stated in our invoice. In the case of sale against foreign currency, any losses to us due to foreign exchange loss are to be reimbursed.

 

V. Retention of title of ownership

 

1.

We have ownership of all goods until payment.

 

2.

The customer is entitled to dispose of the product in reasonable transaction. The customer here and now assigns all claims up to the invoiced amount, that incurs through the resale of the goods to a third party. We accept the assignment. When the assignment has been effectuated we shall be authorised to collect the receivables. We reserve the right to collect the account by ourselves as soon as the customer does not satisfy his/her payment obligations and is in default of payment. In case of imminent insolvency, seizure, confiscatory or other disposition by third parties we have to be informed immediately. The costumer may neither pledge the delivery item nor assign it by way of security.

 

3.

Processing and manufacturing of the goods by the customer shall always be effected for and on behalf of our company. If objects are worked on that do not belong to us, we acquire co-ownership in relation to the value of the product delivered by us compared to the otherwise processed objects. The same shall apply when the goods are mixed with other articles and items, that are not owned by us.

 

VI. Delivery time

 

1.

Delivery dates and delivery deadlines are only approximately valid – they are non-committal for us. If a certain delivery deadline has been agreed upon, it starts on the day on which the agreement has been established between the customer and us concerning all details of the execution and all conditions of the sale.

 

2.

Delivery dates and delivery deadline – even firmly agreed ones - are only valid on the condition that there are no unforeseeable obstacles that are beyond our or the subcontractor’s will, e.g. strike, malfunction, shortage of raw materials, transport disturbances as well as the absence of official and other for the completion of deliveries necessary licences of third parties and similar events. During the duration of the effect on one of those events as well as during a reasonable period after the end of the effect we can get neither in delay, nor be in a delay.

 

3.

We retain the right to withdraw from the contract if the economic sense of the content of the service has changed considerably due to the occurrence of unforeseen events in the sense of the foregoing paragraph (2). In this case, the customer is entitled only to reimbursement claims. Any further claims, especially damage claims, are excluded.

 

4.

Compliance with delivery dates and delivery deadlines assumes the punctual receipt of all documents that are to be delivered by the customer for the execution and fulfillment of the customer’s contractual duties, especially the compliance of the agreed payment conditions. If these requirements are not punctually fulfilled, or if the customer initiates changes or deviations in the ordered product after closure of the contract, the delivery dates or delivery deadlines are accordingly extended.

 

5.

We have the right to make partial deliveries.

 

6.

By default in delivery the customer is able to withdraw from the contract if he previously set us a final deadline for the delivery and we have allowed, that the period prescribed expires without any performance. Further claims for default, especially damage claims are excluded, as far as we have not caused the delay deliberately or through gross negligence.

 

VII. Transportation, passage of risk

 

1.

Transportation always takes place at the cost and risk of the purchaser. The risk is passed to the purchaser as soon as the goods have left our factory, or in the case of direct delivery by our supplier, has already left the stock.

 

2.

We do not pay for damages or losses happened during transport, that the goods may suffer from.

 

VIII. Warranty and liability

 

1.

We are liable for defects in the delivery as follows:

 

 

a.

The delivery item is to be amended or re-delivered at our choice if it is proven that it is useless or has been impaired in its usefulness if this is due to a circumstance before the passage of risk. Warranty is made in the same manner for the replacement delivery and the amendment as for the delivery item. If the first amendment fails, or the new delivery is defective, we reserve the right to either make a new amendment or a new delivery within a reasonable extended deadline.

 

 

b.

Prerequisite for the liability is that the customer lodges a complaint immediately or at the latest within six days. The customer is obliged to inspect the delivered goods immediately upon receipt.

 

 

c.

We can refuse amendment or new deliveries as long as the customer has not fulfilled his obligations.

 

 

d.

We accept no liability for damages that arise through normal wear-and-tear, incorrect or careless handling, improper storage, or unsuitable utilization, or through non-observance of our processing and utilization instructions. We are free from all liability if the customer has arbitrarily changed or initiated changes to the delivery item.

 

 

e.

Return or exchange of the product delivered is only possible with pervious agreement. Goods which are the object of justifiably complaint have to be sent back to us in the condition delivered.

 

2.

Further claims of the customer do not exist, in particular those that concern damages, which have not occurred in the delivery item itself. The damage claims from positive violations of a contractual duty , which are immediately or indirectly based on defects or properties, are also excluded. Furthermore damage claims due to fault in contract termination are excluded as well. This is not valid if and when we have breached our contractual or precontractual obligations deliberately or grossly negligent.

 

3.

We explicitly reserve the right to make technical changes that serve to improve our products.

 

IX. Final provisions

 

1.

These terms and conditions and the whole contractual relationship between vendor and customer are subject to the Law of the Federal Republic of Germany, as far as there are no mandatory legal regulations in contradiction to that.

 

2.

Place of delivery as well as place of jurisdiction is Waldbröl.

 

3.

If a clause in these Terms and Conditions of delivery and payment is or becomes invalid, the validity of the remaining regulations shall not be affected.

*: plus VAT and shipping