General Terms and Conditions

 

Download

 

1. General
1.1 The following General Terms and Conditions only apply to transactions with merchants, public-law entities and special public-sector funds. They apply to all of our sales, also from future transactions. The buyer's purchasing terms and conditions are herewith contradicted. These General Terms and Conditions will be regarded as accepted not later than upon receipt of our goods. Deviating agreements shall only become valid with our written order confirmation; this particularly applies to verbal or telephone agreements, as well as side agreements and commitments with/by authorised representatives, travelling salespersons or other employees
1.2 The agreements, which are concluded between us and the buyer on the basis of executing the contract, are completely recorded in writing in this contract.
1.3. The General Terms and Conditions of Sale, Delivery and Payment shall apply exclusively.
2. Offers and orders
2.1. Our offers are subject to confirmation with regard to price, quantity, and delivery period and delivery option. The order shall only be binding for us if we confirm it or fulfil it by means of delivery or invoicing. Verbal side agreements must be confirmed in writing in order to be legally binding.
2.2 In case of ongoing business relationships, our terms and conditions shall also apply to all future transactions with the buyer. A specific reference to these General Terms and Conditions shall then no longer be required. This shall also apply to subsequent orders place verbally or by telephone.
3. Prices
3.1. The prices are generally stated from our warehouse plus costs for packing, shipping and insurance. All prices shall be subject to the addition of statutory VAT that applies on the day of delivery. For deliveries abroad, possible customs duties shall be for the buyer's account. The prices stated by us shall only apply to the individual order; subsequent orders shall be regarded as new orders.
3.2 If wage, material or other cost increases should occur by the time the order it fulfilled, which cause the price to change for the sold material, shipping, delivery or service, we shall be entitled to adjust the price accordingly.
3.3 Cash discounts and other deductions shall require a specific, written agreement. The prices stated in a possibly existing order confirmation shall be decisive.
4. Shipping and transfer of risk
4.1 Shipping shall take place from our Geesthacht warehouse or from the manufacturer's factory for the account and risk of the buyer, also in the case of a possible return shipment, which is not due to a justified complaint. In case of a return shipment, the buyer must select the same type of shipping that was selected for the original shipment. In this case, the buyer must ensure that sufficient insurance is available. We reserve the right to specify the shipping route and shipping type. Additional costs caused by specific shipping requirements of the buyer shall be for his account.
4.2 The delivery shall take place in conventional packaging, which will not be taken back. We shall select the means of transport which appears suitable to us with the same care that we use for our own affairs. Express shipping will only take place at the explicit request of the buyer.
4.3 As long as no contrary instruction exists from the buyer, we insure our deliveries against impact, which is invoiced to the buyer. Entitlement to insurance benefits of the buyer shall only exist if damage is notified immediately to the responsible post office or freight forwarder, e.g. Deutsche Bahn AG or an authorised shipping company.
4.4. The risk of demise, loss or damage to the goods shall transfer to the buyer with their shipping or in the case of collection by the buyer, with their availability. Insofar as nothing different arises from the order confirmation, delivery is agreed ex warehouse Geesthacht.
5. Delivery execution
5.1. We aim for the quickest delivery. Delivery periods shall generally be adhered to, unless the contractual, timely delivery becomes unreasonable for us, due to unforeseeable, non-culpable obstacles. This shall particularly apply to cases of force majeure. Force majeure refers to such circumstances and incidents, which could not be prevents with the duty of care of proper business management. Force majeure of any type, unforeseeable operational, traffic or shipping disruptions, fire damage, floods, unforeseeable labour, energy, raw material or supply quantities, strikes, lockouts, official orders or other obstacles for which we are not responsible, which reduce, delay, prevent or make the manufacturing, shipping, acceptance or use unreasonable, shall provide an exemption from the obligation to deliver or accept for the duration and extent of the disruption. If the delivery and/or acceptance is exceeded by more than six weeks, both parties shall be entitled to withdraw. In case of a partial or complete loss of our sources of supply, we shall not be obligated to obtain coverage from third-party, upstream suppliers.
5.2 We shall be entitled to apply a reference to our company, which is customary in the industry, on all items delivered by us, either in the form of labels or stickers, engraving, etching, print or similar.

 

click here