GENERAL TERMS AND CONDITIONS OF BUSINESS
General terms and conditions of business
These General Terms and Conditions are an integral part of all offers and contracts between you and us, also in current and future business relations. Offers are always subject to change and only become binding upon our order confirmations. Prices quoted are in EURO and, unless otherwise stated, do not include VAT.
placing an order
All agreements shall only become binding upon written confirmation by the supplier. The same applies to supplements, amendments and ancillary agreements. The customer shall be liable for the correctness of the documents to be supplied by him, such as in particular drawings, gauges and samples. All agreements shall only become binding upon written confirmation by the Supplier. The same applies to supplements, amendments and ancillary agreements.
payment terms
Payment of the invoice amount must be made within 30 days of the invoice date without deduction. If a significant deterioration in the client's financial circumstances becomes known or if the client defaults on payment, we shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due. Furthermore, we have the right to cease further work on the client's current orders. Bills of exchange and checks shall not be deemed to have been paid until they have been cashed. Discount charges shall be borne by the purchaser. We accept no liability for timely presentation and protest. We also reserve the right to return bills of exchange at any time. No cash account is granted for payments by bill of exchange. In the event of late payment, we shall charge interest on arrears at a rate of 4% above the bank discount rate. The date of payment shall be the date of receipt by us or our bank.
retention of title
The delivered goods remain our property until the agreed price has been paid in full or until the checks or bills of exchange given for this purpose have been finally redeemed and all claims resulting from the business relationship have been settled, including any claims that may still arise in this connection. The inclusion of individual claims in a current invoice or the drawing of a balance and its recognition do not cancel the retention of title. If you are in default of payment, we are entitled to take back the goods subject to retention of title. You are obliged to hand them over.
You are only entitled and obliged to resell the reserved goods in the ordinary course of business on the condition that the purchase price claim from the resale is transferred to us. If the reserved goods are sold alone or together with goods that do not belong to us, you hereby assign to us the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the rest. We hereby accept this assignment. The value of the reserved goods is the amount stated in our invoice plus a security surcharge of 10%, which, however, is not taken into account if it conflicts with the rights of third parties.
If the reserved goods are processed into a new movable item, the processing is carried out for us without us being obligated to do so. The new item becomes our property. If they are processed together with goods that do not belong to us, we acquire joint ownership of the new item in proportion to the value of the reserved goods compared to the other goods at the time of processing. If reserved goods are combined, mixed or blended with goods that do not belong to us, we become joint owners in accordance with the statutory provisions. If you acquire sole ownership through combination, mixing or blending, you hereby transfer joint ownership to us in proportion to the value of the reserved goods compared to the other goods at the time of combination, mixing or blending.
If the value of the securities granted exceeds our claims by more than 20%, we are obliged to transfer back or release securities at our discretion. Upon settlement of all claims arising from the business relationship, ownership of the reserved goods and the assigned claims will pass to you.
pricing
Unless otherwise expressly agreed, prices are ex works including packaging and do not include freight, postage and insurance (> EURO 500).
For small orders up to a net goods value of EURO 100,- a processing surcharge of EURO 10,- will be charged.
Deliveries
Deliveries are made ex warehouse Hamburg at your expense and risk. We reserve the right to choose the shipping route, shipping method and suitable packaging material (crates, boxes, etc.). Special requests are at the expense of the buyer. If not all ordered goods are in stock, we are entitled to make partial deliveries.
delivery times
Unless expressly agreed otherwise, delivery periods are approximate and non-binding.
The delivery period shall commence on the date of order confirmation, but not before all details of execution have been fully clarified. Events beyond our control in our own or other companies, force majeure, energy shortages, labor disputes, etc., which affect our obligations, shall extend the delivery periods appropriately.
delay in acceptance
If you are in default of acceptance, we shall be entitled to the rights under § 326 BGB. However, we also have the right to withdraw from the contract only partially and to demand compensation for the other part. If you do not accept the delivery within a reasonable period of time after notification of completion or if you do not accept the delivery promptly after notification of dispatch or if dispatch is impossible for a longer period of time due to circumstances for which we are not responsible, we shall be entitled to either take the goods into storage ourselves or store them with a forwarding agent for the account and risk of the customer.
return of goods
Returns of goods are only permitted with our consent, otherwise acceptance may be refused. If the return is approved, we are entitled to deduct the costs incurred for repair and re-production as well as a processing fee of 15% from the originally calculated price to be credited. Products that are not listed in the current price lists are excluded from exchange and from a credit note.
complaints
Complaints and notices of defects can only be taken into account if they are made within 8 days of receipt of the goods; otherwise the goods are deemed to have been approved. The goods in question must be sent to us upon request. If the goods are defective, we are free to repair them, deliver a replacement or make a value adjustment within a reasonable grace period. If the repair or replacement delivery fails, the buyer has the right to demand a reduction in the price or cancellation of the purchase.
compensation
Claims for damages against us and our vicarious agents due to defective delivery, delay, impossibility of performance, positive breach of contract, culpa in contrahendo and tort shall only exist in the event of gross negligence or willful misconduct and shall be limited to the value of the goods.
data protection
Wir sind berechtigt, die aus der Geschäftsbeziehung oder im Zusammenhang mit diesen erhaltenen Daten über unsere Handelspartner - auch wenn diese Daten von Dritten stammen - im Sinne des Bundesdatenschutz-Gesetzes zu verarbeiten.
jurisdiction
The place of jurisdiction for registered traders is Hamburg. We are also entitled to assert claims in court at the customer's registered office. German law shall apply to all deliveries.