General Terms & Conditions
1. Scope of Application
The following general terms and conditions apply to all deliveries and services. Deviations from these terms and conditions require written agreement.
2. Placing of Orders
Orders shall only be deemed to have been placed when the supplier has confirmed the order; this shall also apply to orders placed through representatives. The supplier shall not be liable in principle for errors resulting from documents submitted by the purchaser (e.g. drawings) or from inaccurate or verbal information. The cost estimates, drawings and other documents produced by the supplier remain the property of the supplier. He reserves his copyright to them.
3. Prices, Due Date
The prices shall be ex works, excluding freight and shipping costs and packaging. Services not expressly estimated in the offer which are necessary for the execution of the order or which are carried out at the request of the customer shall be invoiced additionally.
Invoices are due immediately. A discount of 2% shall be granted for payments within 10 days of the invoice date. In the event of non-compliance with the payment dates, we shall charge interest on arrears from the due date at a rate of 5% above the respective base interest rate of the European Central Bank.
4. Retention of Title
The deliveries or services remain the property of the supplier until all payments arising from the contract have been received. Insofar as the delivery items have become essential components of a property, the client undertakes, in the event of non-compliance with the agreed payments, to allow the supplier to dismantle the items which can be removed without significant impairment of the building structure and to transfer ownership of these items back to the supplier.
If the client impairs the aforementioned rights of the supplier, he shall be obliged to compensate the supplier for damages. Dismantling and other costs shall be borne by the client. If delivery items are firmly connected to another item, the client shall, if this gives rise to claims or rental property, transfer his claims to his rental property right in the new item to the supplier.
5. Warranty, Compensation
Each item must be inspected for defects immediately upon receipt and before any changes are made. Any complaints must be notified to the supplier in writing without delay, at the latest within 8 days of receipt of the goods.
In the case of justified complaints, the supplier undertakes to rectify the defect or to replace the goods free of charge and carriage paid. Further claims of the Purchaser, in particular rescission of the contract, reduction of the purchase price or compensation for any damage are excluded, unless the repair or replacement fails. In this case, the customer shall be entitled to demand a reduction of the remuneration or, if the service provided is not the fulfilment of an obligation under the building contract, to demand rescission of the contract at his discretion. Further claims, in particular claims for damages, are excluded unless they are based on a wilful or grossly negligent breach of contract by the supplier, a legal representative or vicarious agent.
6. Industrial Property Rights of Third Parties
If the manufacture and/or the delivery of the contractual products is carried out according to drawings or other specifications of the Purchaser and if industrial property rights of third parties are infringed thereby, the Purchaser shall indemnify the Supplier against all claims which may arise therefrom.
7. Place of Performance and Jurisdiction
Place of performance is Holzwickede. The place of jurisdiction is the local court of Hamm.
Managing Director: Malin Gerhards, AG Hamm HRB 9103
8. Bank Details
BIC/SWIFT: WELADED1HTG (Sparkasse Hattingen)