1. Scope of application
The basis of any lasting business relationship is mutual trust. These Terms and Conditions are intended to avoid doubt and clarify the content of the contract.
The T&Cs below are an integral component of all our offers and contracts for deliveries and services for both current and future business.
They are applicable to merchants, specifically to contracts relating to the conducting of commercial business, and to legal persons under public law or a public-law special funds – hereinafter referred to as a merchant – and to non-merchants with the amendments indicated in the T&Cs.
2. Prices, offers, conclusion of contract
Our prices and offers are subject to change. Contracts with us are established through our performance following receipt of an order.
All our offers and contracts are based on our Terms and Conditions.
If an order is placed based on our offer or within the framework of on-going business relationships, then any contradictory conditions of purchase shall not be applied to this order.
If the conditions of the order deviate from our order confirmation and these T&Cs, then the order of a merchant shall in any case be considered established under our T&Cs unless the customer objects immediately.
We shall not acknowledge contradictory conditions of order under any circumstances.
If no fixed price has been agreed, the order will be billed on a T&M basis.
Should individual provisions be or become ineffective, this shall not affect the validity of the remaining provisions.
Sec. 139 BGB (German Civil Code) does not apply.
Ineffective provisions shall be replaced by new provisions reflecting what the parties would have agreed if they had been aware of the invalidity of the ineffective provisions and taking into account their interests.
3. Delivery, invoicing and transfer of risk
Our deliveries are made from our factory carriage forward at the expense and risk of the purchaser.
Insurance for transport of the items to be shipped can be covered by us if required.
4. Terms of payment
Invoices are due net in cash within 30 days. Default shall occur thirty days from the date of invoice without a reminder being issued and we shall be entitled to charge bank-standard default interest.
Further damages for default are reserved.
We do not provide packaging material. Pallets, tally sticks and boxes that are provided where necessary are subject to appropriate costs, whereby the amount charged shall be credited back to the purchaser provided the packaging is sent back carriage paid in a usable condition within four weeks.
6. Delivery times
Promised delivery times are only binding if the customer has confirmed them in writing.
They are not considered fixed dates within the meaning of Sec. 284(2) and Sec. 361 BGB.
Delivery periods start from the time of clear conclusion of contract, and no earlier than from the date of order confirmation.
Delays shall apply only if a written reminder is issued. In the event of a delay, customer rights according to Sec. 326 BGB can be enforced in all cases.
Business interruptions, raw materials shortages, illness, accidents, strikes, war, civil unrest, and other types of hindrances to performance, for which we are not at fault, shall lead to an extension of the agreed delivery period by the duration of the hindrance and shall entitle us to withdraw from the contract, in part or in whole, insofar as we have already processed partial deliveries.
Any failure to meet the delivery times for the reasons indicated above shall not give the purchaser the right of withdrawal.
7. Warranty and damages
Notices of defects must be raised immediately and confirmed in writing by the purchaser – and we must receive such no later than eight days after receipt of the goods by the purchaser – and we must be given the opportunity to inspect the goods.
The complaint is invalid if the items being complained of have been previously modified without our consent.
This does not apply if the modification was urgently necessary in order to minimise damages and we have delayed in inspecting and consenting to such inappropriately and in bad faith.
Where a notice of defects is acknowledged, we shall conduct a remedy free of charge, for which an appropriate period of time shall be granted.
The purchaser shall be due their statutory warranty rights only in the event that this remedy fails.
The purchaser shall guarantee a condition of the material that is free from defects and suitable for the intended surface treatment.
If the condition of the material is inadequate, the customer shall pay a reasonable price for necessary additional work or processing in vain.
If the purchaser is a merchant, then claims for damages are excluded, regardless of whether such are based on contractual liability on the grounds of non-performance, inadequate performance, delay, positive breach of contract, warranty rights, culpability upon conclusion of contract, or liability due to tortious acts, unless the damage is due to wilful or grossly negligent conduct on the part of the management, in particular grossly negligent organisational fault.
Claims for damages from non-merchants are excluded unless the damage is due to wilful or grossly negligent conduct on the part of the management or agents.
We can only accept the order if you agree that liability is limited to the value of the order.
Claims for damages are therefore limited in all cases to the value of the order total.
Liability for indirect damages, in particular consequential damages, is excluded.
In any case, claims for damages and warranty claims against us – regardless of the legal basis of such – expire six months after delivery of the processed items.
Modifications must be contractually regulated.
8. Retention of title and security rights
We are due a right of retention to all items provided to us for treatment pursuant to Sec. 369 HGB on the grounds of any and all receivables due from the purchaser or the owner of the item for the treatment of the item until payment has been made in full, including interest and costs.
Insofar as we acquire ownership or co-ownership of items as a result of surface treatments, the so-called extended retention of title shall take priority over the settlement of all our receivables in the event of the sale of the item by the purchaser.
9. Place of performance
Place of performance for services and payments is Windeck. Siegburg is agreed as place of jurisdiction for merchants.
For non-merchants and small merchants within the meaning of Sec. 4 HGB, the statutory provisions apply.