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 not be deemed to have been placed until the Supplier has confirmed the order; this shall also apply to orders placed by representatives. The Supplier shall not be liable for errors arising from the documents submitted by the Customer (e.g. drawings) or from inaccurate or verbal information. The cost estimates, drawings and other documents produced by the Supplier shall remain the property of the Supplier. He reserves his copyright to them.

3. Prices // Due Date

The prices shall apply ex works, in principle excluding freight or shipping costs and packaging. Services not expressly quoted in the offer which are necessary for the fulfilment of the order or which are carried out at the request of the customer shall be invoiced additionally.

Unless otherwise stated in the quotation, invoices are due immediately without discount. New customers always pay in advance due to the customised production. If payment deadlines are not met, we shall charge interest on arrears from the due date at a rate of 5% above the respective base rate of the European Central Bank.

4. Retention of Title

The deliveries or services shall 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 customer undertakes to allow the supplier to dismantle the items that can be removed without significant impairment of the building structure and to transfer ownership of these items back to the supplier if the agreed payments are not received.

If the Client impairs the aforementioned rights of the Supplier, it shall be obliged to pay compensation to the Supplier. Dismantling and other costs shall be borne by the Client. If delivery items are firmly connected to another item, the Customer shall transfer its claims to its right to claim rent on the new item to the Supplier if this results in receivables or rental property.

5. Warranty/Compensation

All goods must be inspected for defects immediately upon receipt and prior to any modification. Any complaints must be notified to the supplier in writing immediately, at the latest within 8 days of receipt of the goods.

The quality of the goods and their characteristics can only be described and guaranteed at the time of sale. This applies in particular to the determination of the slip resistance of our products. The properties of the products may change depending on how they are used by the purchaser.

In the event of justified complaints, the supplier undertakes to rectify the defect or to provide a replacement free of charge carriage paid. Further claims of the Purchaser, in particular cancellation of the contract, reduction of the purchase price, compensation for any damage, are excluded, unless the repair or replacement delivery fails. In this case, the customer shall be entitled to demand a reduction of the remuneration or, if the service rendered is not the fulfilment of an obligation under a building contract, to demand cancellation of the contract at his discretion.  Further claims, in particular claims for damages, are excluded, unless they are based on an intentional 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 delivery of the contractual products is based on drawings or other information provided by the Purchaser and if the industrial property rights of third parties are infringed as a result, the Purchaser shall indemnify the Supplier against all claims that may arise as a result.

7. Place of Fulfilment and Jurisdiction

The place of fulfilment is Holzwickede. The place of jurisdiction is the district court of Hamm.

Managing Director: Malin Gerhards, AG Hamm HRB 9103

8. Bank Details

IBAN: DE46430510400000066985
BIC/SWIFT: WELADED1HTG (Sparkasse Hattingen)