General Terms and Conditions of Delivery, Service and Payment (General Terms and Conditions)
Our deliveries and services are made exclusively on the basis of the following terms and conditions. Purchasing conditions of the buyer are hereby expressly contradicted. They shall not bind us even if we do not object to them again when the contract is concluded.
Our terms and conditions shall be deemed to have been accepted at the latest on receipt of our delivery or service.
Contracts and agreements – in particular insofar as they amend these terms and conditions – shall only become binding for us upon our written confirmation.
Our offers are non-binding with regard to price, quantity, delivery time and delivery possibilities.
Brochures, drawings, advertising leaflets, etc. published by us and the data contained therein, such as, for example, on weight, quality, dimensions, properties and services, shall only be authoritative if we expressly designate them as binding.
- Our prices are quoted ex warehouse or ex factory – without packaging – plus the currently valid VAT rate (currently 19%), unless otherwise agreed.
IV. Quality characteristics, quantities and execution tolerances
The quantities stated in the order confirmation will be adhered to as far as possible. However, deviations cannot be objected to, especially in the case of custom-made products, provided that they do not exceed or fall short of 10%.
Unless otherwise agreed, the quality and dimensions of the material processed by us are determined exclusively in accordance with German material standards. Deviations are permissible within the scope of DIN.
If the corresponding material standards provide for acceptance or if acceptance has been agreed upon, these shall be carried out for the starting material at the supplier’s works. Acceptance costs shall be borne by the customer.
All data concerning weight, content, dimensions, etc. are to be regarded as average values; unless the limits for permissible deviations are expressly specified, deviations within the scope of customary commercial practice shall be deemed permitted.
We do not assume any guarantee for the physical properties and chemical resistance of our products unless we have expressly guaranteed a property.
In particular for cold-formed pipe bends or tube bending work, the following standard manufacturing tolerances are permissible and must be taken into account by the client:
- radius tolerances up to 10% for medium bending radii up to 3x pipe outside diameter.
- radius tolerances up to 5% for medium bending radii over 3x pipe outside diameter.
- Ovality in the bending range up to 10%, wall thickness reduction in the bending range depending on the ratio of bending radius to tube diameter and original tube wall thickness up to 20%.
- In the case of rolled elbows, the outer pipe diameter in the rolling area can be up to 5% lower than the diameter of the insert pipe. Compliance with narrow tolerances shall only be binding if it has been expressly agreed and confirmed in writing.
V. Tools, industrial property rights
The customer shall bear the costs for the provision (procurement, manufacture, modification or repair) of tools or tool parts specified in the order confirmation.
The customer’s obligation to assume the agreed share of the tool costs arises with the order confirmation; the obligation to pay arises as soon as the tools are ready for use. The tools remain in our possession and property even after payment of the fees by the customer.
If any other use of tools by us infringes industrial property rights of the client or third parties, this must be notified to us in writing at the latest when the order is placed. In this case, the customer shall bear the full costs for tool procurement, maintenance and normal wear replacement.
We undertake to provide tools, the costs of which are borne by the customer on a pro-rata basis, for the fulfilment of further orders with the customer until the natural wear and tear. These obligations shall lapse if no further order of this kind is placed within two years after the completion of the last order for which the tool is required.
This shall not affect the client’s obligation to reimburse pro-rata tool costs in the event of replacement of tools following natural wear and tear.
For parts that are produced according to samples, drawings or information provided by the customer, the customer assumes full liability in case of infringement of third party industrial property rights and releases us from any claims of third parties. We are not obliged to investigate.
Complaints must be made in writing within 8 days after receipt of the goods, stating the exact nature of the defect. For non-merchants, the duty of disclosure only applies to obvious defects.
If errors are detected during use, the use must be discontinued immediately. We must be notified immediately. In any case, we shall be given the opportunity to check the validity of the complaint on site or, at our request, to send the rejected goods or samples thereof.
In the event of justified and timely notification of defects, we shall be entitled at our discretion to exchange defective goods for proper goods or to remedy the defects by rectification of defects or to change or reduce them in accordance with the statutory provisions. In the event of failure of any rectification or replacement delivery, we shall be obliged to reduce the purchase price (reduction) or rescind the contract (conversion) at our discretion.
Further-reaching claims, in particular claims for damages of any kind, cannot be asserted against us unless we are guilty of intent or gross negligence.
However, we shall only be liable to our customer, who is a merchant, in any case only for the replacement of damage foreseeable at the time of conclusion of the contract.
In the case of our default, we shall only be liable to the extent described in section 3.
VII. Purchase commitments
The client is obliged to accept the goods immediately as soon as they are ready for acceptance. If the customer does not comply with this obligation, we are entitled to dispatch the goods at our discretion or to store them at the expense and risk of the customer. However, the payment obligation arises in any case at the time of timely provision.
Delivered goods are to be accepted by the customer, even if they have minor defects.
Partial deliveries are permitted. Each partial delivery on individual or final orders shall be considered as a transaction to be settled.
VIII. Risk of transport
The dispatch of the goods is always at the buyer’s risk.
With the handover of the goods to a freight forwarder or carrier, at the latest with the leaving of our warehouse or factory, the risk, even in the case of delivery free place of destination, is transferred to the customer.
IX. Shipping and packaging
In the absence of any special agreement, packaging, dispatch route and means of transport shall be left to our discretion. If packaging has been agreed, it is carried out in a commercial manner for an extra charge.
Rented packaging materials (especially pallets, box pallets and containers) must be handled with care and returned to us free of charge immediately after receipt.
If such packaging materials are not returned within the usual commercial and industry period of no more than two months for company-owned packaging materials or two weeks for exchangeable packaging materials, we shall be entitled to charge reasonable rental fees from the respective time. In the event of late return of exchangeable packaging materials, we are entitled to charge these packaging materials at their replacement value in addition to the rental charges.
In general, we reserve the right to charge the customer the full replacement value in the event of loss or late return of packaging materials provided on loan.
X. Delivery and service time
Delivery periods and dates are only approximate, unless we have expressly designated them as binding in writing.
Delivery periods begin with the receipt of our order confirmation, but not before clarification of all execution details and are understood as from the place of delivery. In the case of delivery ex works, the delivery periods and dates shall be deemed to have been met even with notification of readiness for dispatch if the goods cannot be dispatched in time without our fault.
If we have assured compliance with a deadline or a deadline, the customer must grant us, if we are in default, a reasonable period of grace in writing.
XI. Delivery obligations
Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract due to the part not yet fulfilled.
Strikes, lockouts and other circumstances are equivalent to force majeure, which make delivery considerably more difficult or impossible for us, whether they occur at our own premises, at transport companies or at our suppliers.
The client can demand a declaration from us as to whether we wish to withdraw or deliver within a reasonable period of time. If we do not explain ourselves, the client can withdraw.
If a contracting party defaults on acceptance or delivery, the other contracting party may only make use of its right to withdraw from the contract with regard to that part of the order which relates to partial deliveries that have not yet been made and accepted in accordance with the agreement.
In the event of non-fulfilment of a contract order by the client, we shall be entitled to demand acceptance and payment or, if applicable, compensation for damages due to non-fulfilment of the entire contract.
If the customer is in default of payment after acceptance of one or individual partial deliveries, we shall be entitled to demand acceptance and payment for goods already manufactured or planned (in return for prepayment) immediately, without waiting for the final acceptance date of the contract order and to withdraw from the contract for any remaining quantity (which has not yet been produced).
The customer is obliged to pay upon delivery of the goods, provided that we have reasonable doubts about the solvency. This also applies if a term of payment has been contractually agreed.
XII. Return deliveries
Goods will only be taken back if the return takes place within 2 weeks after delivery and we have agreed before.
The freight as well as any transfer and processing costs of at least 10.00 €/product or 20% of the value of the goods shall be borne by the customer.
Non-stock items and custom-made products will not be taken back by us.
XIII. Terms of payment, netting
Our invoices are due within 10 days from the date of invoice without deduction, unless otherwise agreed.
From the 11th day after the invoice date, we are entitled to charge interest on arrears in the amount of the usual bank current account interest without prior reminder.
We are entitled to set off our claims against those of the buyer, irrespective of the legal reason, if necessary against interest compensation, even if the mutual claims are due in different ways. The buyer may only set off his own claims against our claims if they are not disputed or legally established.
XIV. Retention of ownership
All delivered goods remain our property until all our claims, regardless of their legal basis, in particular our balance claims, have been settled. Processing and processing of the goods subject to retention of title shall be carried out on our behalf within the meaning of § 950 BGB (German Civil Code) without any obligation on our part.
The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The claims from this resale are hereby assigned to us already now.
If the goods subject to retention of title are resold after processing, in particular after processing or combination with other goods not belonging to us, the assignment shall only apply in the amount of our co-ownership share of the sold item or the sold stock.
The customer is entitled to collect claims from the resale until our revocation, which is permissible at any time. The customer is not entitled to assign the claims in any case. At our request, he shall be obliged to inform his customers of the assignment to us and to provide us with the information and documents necessary for inclusion.
If the value of the securities existing for us exceeds our claims by more than 10% in total, we are obliged to release securities of our choice at the request of the client.
The customer must inform us immediately of any seizure or other interference by third parties.
XV. Place of performance and court of jurisdiction
- The place of performance for deliveries and payments as well as the place of jurisdiction shall be Oschatz, unless otherwise provided for by law.
XVI. Contradictory purchasing conditions of the client
- Insofar as these Terms and Conditions of Purchase of the Customer conflict with these Terms and Conditions of Purchase, they shall only apply if and to the extent that their applicability has been expressly confirmed by us in writing.