General Terms and Conditions
- The following terms and conditions apply exclusively to all contractual agreements and their fulfilment, in particular to quotations, order confirmations, deliveries and services.
- We are not bound by general terms and conditions of the customer, in particular those set out in orders and order forms, even if we do not expressly refute them.
- Our express written confirmation is required for subsidiary agreements to become effective.
2. Quotation, conclusion of contract, pricing
- Our quotations are always subject to confirmation. Samples and illustrations of items can only be approximate. We reserve the right to make changes. The contract only comes into effect when we confirm the purchaser’s order or send the goods to the purchaser.
- All prices are subject to confirmation and are in euros plus VAT.
- BContainer hire and carriage shall be borne by the recipient. The cost of freight and packaging shall be invoiced.
- We are entitled to withdraw from the contract if the promised delivery is not available. In this case we undertake to inform the purchaser immediately of the non-availability and to reimburse immediately any consideration provided.
- We endeavour to maintain requested delivery dates and even to speed up urgent orders, but cannot assume any guarantee for this. Delivery dates and delivery periods are always subject to confirmation and given as an approximate indication.
- Excess or short deliveries of 10% of processed goods are permitted.
The quantity delivered is invoiced. Partial deliveries are permitted unless the customer would be unreasonably disadvantaged as a result.
4. Dispatch, transfer of risk
- The choice of dispatch route and shipping means is left to us.
- Even if carriage paid delivery is agreed, the transfer of risk to the customer takes place on transfer of the goods to a haulier or freight forwarder, or otherwise on leaving our warehouse.
- Transport delays shall be at the expense of the customer unless caused by us.
5. Terms of payment
- Net payment shall be made within 30 days of the date of invoicing unless otherwise agreed in the order.
- If payment is made after the due date we are entitled to charge interest at normal banking rates, but at least interest at 8% above the base rate.
- We are not obliged to accept bills or cheques. Bills or cheques are always only accepted as a conditional payment. We reserve the right to demand payment in cash against return of the bills or cheques.
- If the payment terms are not upheld or justified doubt exists regarding the creditworthiness of the customer, we are entitled to demand payment in advance and immediate payment of all outstanding invoices, even those that are not yet due, to retain goods that have not yet been delivered, to recover deliveries that have not been paid for at the expense of the orderer or to withdraw from the contract.
6. Claims for defects (warranty)
- The customer must examine the product immediately following receipt. You must notify us in writing of any recognisable defects immediately following receipt of the product or, if the defect only becomes apparent later, immediately upon discovery. If this is not done, the product is considered to have been approved.
- Our statutory liability comprises elimination of the defect or replacement delivery according to our choice. The customer must give us sufficient opportunity to render supplementary performance.
- If the supplementary performance fails, the customer is entitled to reduce the consideration, or to withdraw from the contract if the failure is substantial.
- In the case of newly produced items our liability extends to one year from delivery or acceptance.
7. Liability (claim for damages)
We shall be liable in accordance with the statutory provisions, but our liability is limited to compensation for loss as follows:
- In case of liability for simple negligence, liability is limited to loss of life, personal injury or damage to health.
- In the case of malicious intent by ordinary vicarious agents, of gross negligence of the legal representatives, employees or vicarious agents, liability is limited to the foreseeable loss that typically occurs. The limitation does not apply to loss resulting from loss of life, personal injury or damage to health, nor does it apply in relation to consumers.
- In the case of a breach of a cardinal obligation, deviating from a) we shall also be liable in the case of simple negligence, but limited as under b). A cardinal obligation is understood to mean a duty which by its fulfilment facilitates the proper execution of the contract and on the adherence to which a contractual partner may normally rely.
- The mandatory regulations of the product liability law and liability in the case of a warranty are unaffected. In the event of any other breach of duty, in particular culpa in contrahendo, delay or tort, we do not assume any further liability than that set out above.
- Our legal representatives, executives and ordinary employees are no more liable than we ourselves.
8. Retention of title
- The goods delivered shall remain our property pending payment in full of all receivables arising from the business relationship (including current account receivables).
- The customer is entitled to resell the reserved goods in the scope of regular business transactions. Upon a resale on credit, the customer shall be obliged to secure our retention of title. The customer shall not be permitted to pledge the retained goods or use them as security without our express consent.
- The customer shall now assign their claims arising from the resale of the reserved goods to us; we shall accept the assignment. Notwithstanding the assignment and our right of collection, the customer shall be entitled to collect provided that he meets his obligations to us and does not face financial difficulties. We shall be entitled to demand the information about the assigned receivables that is required for collection from the customer and to notify the obligors of the assignment.
- If the reserved goods are processed or modified, we are considered to be the manufacturers and acquire the title to the intermediate and end products.
- The customer must inform us immediately of any enforcement measures by third parties in respect of the reserved goods or the receivables previously assigned.
- If bankruptcy or insolvency measures should be declared against the assets of the customer, but not yet initiated, we shall be entitled to collect the reserved goods; in this case our right to enter properties and business premises of the customer shall be agreed irrevocably. The right of the customer to resale, processing and modification shall expire at the same time.
- The customer undertakes to store the reserved goods properly and keep them safe.
9. Place of performance, court of jurisdiction, applicable law
- The place of performance for delivery and payment is Düren.
- The court of jurisdiction for all disputes arising from the contractual relationship, including actions relating to bills of exchange and cheques, is Düren.
- The legal relationship between the customer and ourselves is otherwise subject exclusively to the laws applying in the Federal Republic of Germany.