GTCT ( general terms and conditions of trade )
validity of GTCT
Below listed business and delivery terms are valid for all delivery transactions of the vendor. Deviating terms, especially purchasing terms of the purchaser are only part of the contract if expressed in written form contractually agreed.
Our quotations are non-binding. Orders written or verbal are obligatory for us.
The right of revocation is invalid for traders or self-employed persons. In this case, the duly delivered products can only be returned for a 20% re-entry fee. The shipping costs will not be refunded. The special products can not be taken back.
Prices, calculation and payment
For the calculation on the day of shipment are the valid prices binding, which are ex works, excluding freight, postage, packaging and sales tax ( domestic ). Our invoices are payable within 15 days after invoice date, net. By payment within 8 days after invoice date we grant 3% discount. Terms outside of Germany are always ex works, excluding freight, customs and packaging and payment in advance before delivery.
Delivery and acceptance
Agreed time of deliveries refer on the date of dispatch of the goods. By culpably caused extension of the delivery deadline the purchaser is permitted by exclusion of further rights after expiration to withdraw the contract. In that case, the purchaser has to give the vendor an appropriate grace period in written form. Our obligation of delivery is in abeyance, as long as the purchaser is in a dept-due.
Unforeseeable event of exceeding the delivery date, supply shortage by our suppliers, traffic disturbances, proceedings by authorities and other cases of force majeure, set the vendors contract out of an agreement for an obliged delivery or acceptance, for the time of the disturbance, if these influences in an extent and impact the affected party.
In case, due to these disturbances the delivery or acceptance is extended by more than 2 months, each party is permitted under exclusion of further claims regarding on the delivery or acceptance disturbance affected quantity to withdraw the contract.
Packaging and dispatch
All shipments travel at the buyer`s risk. Shipping method and shipping route are chosen by us. We will take all efforts to meet the buyer`s wishes, in that case additional costs are at the expense of the buyer.
Warranty and reprehend detected defects
The buyer hast to inspect, if the supplied goods are in the condition according to the contract at it`s state and foreseen purpose suitable. If the inspection is omitted, not done in full extend or visible defects are not immediate, the latest within 14 days after receipt of goods, not notified, means that the supplied goods are approved.
Defects which are invisible to the eye obtain as approved, if the detection is not reported immediate, the latest 6 months after delivery of the goods at the point of departure.
To bring complaints to notice in written form the buyer has to mention the purchase data, the customer; invoice and tracking number. The defective goods are only to be returned with our approval and demand.
Adequate and justified adressed defects, we will choose under appropriate consideration and interests of the buyer by price deduction, rework, replacement or return of the goods against buying price accordingly. In case we do not accomplish these obligations, the buyer is permitted to choose his rights. Additional claims of the buyer are, insofar legally recognized, excluded, especially for replacement of damages, which have not been caused immediate on the goods itself. Subject to alterations for us are additional or undersupplying up to +/- 10%. Variations or modifications by the goods as provided in the contract are allowed by us, as long as they do not influence the possible use of the buyer.
Information and to counsel
Information about processing – or applicability of our products, technical consulting and miscellaneous data follow by our best knowledge, however without obligation and under exclusion of any liabilities.
The buyer is only able to demand in cases of the amount compensation or to withdraw from the contract, in any such case of these terms particulary appointed, ulterior proceedings of liabilities by us, regardless of which rights, even the violation of contract by accessory obligations and unlawful act, is excluded, unless, that we are by reason of malice or wanton negligence by obligatory legal restraint of unlimited liability.
Reservation of title
All supplies are on reservation of title. The supplied goods remain property of the vendor until payment in full of the sales prices and all other outstanding accounts of the vendor against the buyer during the ongoing business relationship ( by payment with cheque or draft until its encash ).
If goods subject to retention of title are processed by the buyer, so ensued the processing for the vendor, for this reason the vendor is by extension the fabricator according §950 BGB ( german civil code ) and owner of the intermediate or manufactured product acquired.
By processing with other goods, which are not property by the buyer, the vendor acquires joint ownership on the new item in relation of the value of the supplied goods subject to retention up to a value of the third-party product at the point of time at its processing.
The same as a general rule in joints or mixture for the purpose of §§947, 948 BGB ( german civil code ) of goods subject to retention with third-party products. The buyer is entitled to sell the goods or processed product in proper conduct.
The buyer as of today is to assign a claim in full against the acquirer out of the resale on the vendor for its short hedge. The buyer is authorized and obliged to collect all claims, as long as the vendor unrevoked the warrant.
The warrant to pay by direct debit by the buyer expires without explicit declaration of the vendor, on the buyer cessation of payment. The vendor will not insist on the warrant to pay by direct credit, as long as the buyer meets the financial obligations. The value of goods subject to retention means always from the buyer to the vendor invoiced price.
Incoterms by foreign business
In addition to these terms the released terms and conditions “ Incoterms “ by the international chamber of commerce in Paris are in legal force at its current corrected version during the time of its enforcement. Governing law and place of jurisdiction on all advances of sales contracts are at the vendors head office established law. In case single terms are or will be legally void, in that case these legally void terms should replace regulations which follow the commercial purpose of the contract under closest acting reasonably on a mutual consent interest.