GTC
TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT
1. general scope of application
These Terms and Conditions of Sale, Delivery and Payment apply to all our business relationships with customers who are defined as entrepreneurs pursuant to Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law. Unless expressly agreed otherwise, these terms and conditions shall also apply to all future similar contracts in the version valid at the time of the order.
2. offer and conclusion of contract
Our offers are subject to change and non-binding. The order of the goods by the customer is understood as a binding contractual offer, which we have the right to accept within two weeks of its receipt. A delivery contract is concluded when we issue a written order confirmation or, at the latest, when the goods are delivered. Transmission of the order confirmation by remote data transmission is sufficient to comply with the written form requirement. We reserve all property rights and copyrights to our drawings, calculations and other documents. If these documents are marked as “confidential”, their disclosure to third parties requires our express written consent. Technical data and descriptions in our product information or advertising materials are for information purposes only and do not represent guaranteed properties. Samples or specimens merely illustrate the nature of the products and do not constitute a guarantee for the quality of the goods to be supplied.
3. receipt of declarations of intent
The receipt of declarations of intent shall be deemed to have been proven if we can prove by means of a telephone bill or a transmission report that the declaration was successfully sent by fax or e-mail.
4 Prices and terms of payment
The prices agreed upon conclusion of the contract are binding. Value added tax at the applicable statutory rate as well as shipping and transportation costs shall be added. Prices may be changed after conclusion of the contract if the costs for raw materials, transportation or energy change significantly. Proof of these changes will be provided to the customer on request. If payment is delayed, interest shall be charged on the purchase price at the statutory default interest rate for the duration of the delay. We reserve the right to assert further claims for damages due to late payment. The customer may only offset undisputed or legally established claims against our claims. The customer shall only have a right of retention if his counterclaim is based on the same contractual relationship.
5. product adjustments
Until delivery, we reserve the right to make design, shape or technical improvements to the products in order to comply with the latest technical standards.
6. delivery and performance times
The agreed delivery times are approximate and only binding if a firm deal has been expressly agreed in writing. If we exceed the delivery time for reasons for which we are responsible, the customer may withdraw from the contract after a reasonable grace period. In the event of force majeure or unforeseeable events beyond our control, we may reasonably extend the delivery time. In the event of a delay of more than one month, both parties are entitled to withdraw from the contract without any claims for damages.
7. transfer of risk
The risk shall pass to the customer as soon as the delivery has been handed over to our carrier or is ready for collection. At the customer’s request and expense, the goods will be shipped to another location. In this case, the customer shall bear all transportation costs.
8. reservation of title
The delivered goods shall remain our property until all claims arising from the business relationship have been paid in full. The customer is not entitled to pledge the goods subject to retention of title or to assign them as security.
9. defect rights
Deliveries are deemed to be free of material defects if they have the agreed quality at the time of transfer of risk. Obvious defects must be reported in writing within one week of delivery and hidden defects immediately after their discovery. In the event of justified complaints, the customer shall be entitled to the statutory rights.
10. final provisions
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and exclusive place of jurisdiction is the registered office of our company.
