All about our general terms of business
Fundamental information of the relevant corner points - helpfully, correct and exact
Our General Terms of Business
These General Terms of Business form a constituent part of all offers and contracts between you and us, including in current and future business relations. Offers are always subject to confirmation, and become binding only through our confirmations of orders. Prices quoted are in EURO, and unless anything to the contrary is agreed, they do not include VAT.
Placement of orders
All agreements become binding only after written confirmation by the supplier. The same applies for additions, amendments and supplementary agreements. The party placing the order is liable for the correctness of the documents to be supplied by him, such as in particular drawings, templates and samples. All agreements become binding only once they have been confirmed in writing by the supplier. The same applies for additions, amendments and supplementary agreements.
Payment terms
Payment of the invoice amount must be made without deductions, within 30 days of the invoice date. If a significant worsening of the assets of the party placing the order becomes known, or if he defaults on a payment, we have the right to demand immediate payment of all outstanding invoices, even of those not yet due. Furthermore, we have the right to stop further work on current orders placed by the party placing the order. Bills of exchange and checks count as payments made only when they have been honored. Discounting charges are to be borne by the buyer. We do not guarantee prompt presentation and protest. We furthermore reserve the right to hand back bills of exchange at any time. In the case of bill of exchange payments, no cash discount is granted. In the case of delayed payment, we charge interest on arrears at the rate of 4% above the bank rate. The date of receipt by us or at our bank is deemed to be the date of payment.
Reservation of title to property
The delivered goods remain our property until full payment of the agreed price or until final redemption of checks or bills of exchange given in payment for them, as well as the settlement of all claims arising from the business relationship, including claims connected with this matter. The allocation of individual claims to a current invoice or to a balance struck and acknowledgement thereof, do not set aside the reservation of title. On the case of delayed payment on your part, we are entitled to take back the reserved goods. You are obliged to surrender them.
You are entitled and obliged to resell the reserved goods within the framework of the proper conduct of business only with the proviso that the purchase price claim from the resale passes to us. If the reserved goods are sold alone or together with goods that do not belong to us, then already at this point you assign to us the claims arising from the resale, to the value of the reserved goods with all ancillary rights and priority over the rest. We hereby accept this assignment. Here, the value of the reserved goods is the amount indicated in our invoice plus a security surcharge of 10%, which however remains out of account insofar as it is opposed by the rights of third parties.
If the reserved goods are processed so as to create new, movable items, then that processing is carried out for us, with no obligation on our part arising here from. The new goods become our property. In the case of processing together with goods that do not belong to us, we acquire co-ownership of the new goods in proportion to the value of the reserved goods to the other goods at the time of processing. If reserved goods are combined, blended or mixed with goods not belonging to us, then we become co-owners in accordance with the statutory provisions. If through combination, blending or mixing you acquire sole ownership, you hereby assign to us co-ownership in proportion to the value of the reserved goods at the time of combination, blending or mixing.
If the value of the securities granted exceeds our claims by more than 20%, we are to that extent obliged to transfer back or release securities, as desired. With the settlement of all claims from the business relationship, the ownership of the reserved goods and the assigned claims passes to you.
Pricing
Unless anything to the contrary is explicitly agreed, prices are understood to be ex works, inclusive of packaging, and do not include freightage, postage and insurance (> EUR 500.-).
In the case of small orders up to a net value of EUR 100.-, a handling fee of EUR 10.-is charged.
Deliveries
Deliveries shall be made from the warehouse at Hamburg, on your account and at your risk. We reserve the right to choose the dispatch route, dispatch method and appropriate packaging material (crates, boxes etc.). Special requests shall be at the expense of the buyer. Where not all the goods are in stock, we are entitled to make part-deliveries.
Delivery dates
Unless anything to the contrary is explicitly agreed, delivery times are approximate and non-binding.
The delivery period begins with the date of confirmation of the order, but not before clarification of all performance details. Events beyond our control, in our own works or those of others, force majeure, lack of power supply, industrial disputes etc. that affect our obligations, will lengthen our delivery periods accordingly.
Delay in taking delivery
If you delay in receiving the goods, we are entitled to the rights under § 326 of the German Civil Code [BGB]. We do however also have the right to withdraw from the contract only partially, and to demand compensation in respect of the other part. If you do not take delivery of the goods promptly within an appropriate period of time after notice of completion or where dispatch has been notified, or if dispatch is not possible for a longer period of time for circumstances for which we are not responsible, we are entitled to store the goods in our warehouse or at a forwarding agent’s for the account of and at the risk of the party placing the order.
Return of goods
Return consignments of goods are permitted only with our agreement; otherwise, acceptance of them may be refused. Where return dispatch is approved, we are entitled to deduct from the price calculated originally and which is to be credited the costs arising from repair and new making up, as well as a handling fee of 15%. Products that are not included in current price lists are excluded from exchange and from crediting.
Complaints
Complaints and formal notices of defects can be considered only if they are submitted within 8 days after the goods have been received; otherwise, the goods are deemed to be approved. At our request, the goods that are the subject of the complaint must be sent to us. If the goods are defective, it is open to us to repair them, replace them or arrange settlement of equal value within an appropriate period of time. In the event of failed repair or replacement, the buyer has the right to demand a reduction of payment or cancellation of the purchase.
Claims for damages
Claims for damages against us, and those assisting us in performance, on account of defective delivery, default/delay, impossibility of delivery, breach of contract, indebtedness on concluding a contract and tort shall exist only in the case of grossly negligent or deliberate action, and are limited to the value of the goods.
Data protection
We are entitled to process the data about our trading partners that are obtained from the business relationship or in connection with it - even if such data originate from third parties – in the meaning of the German Federal law on data protection.
Place of jurisdiction
The place of jurisdiction for traders is Hamburg. We are also entitled to assert claims through the courts at the place of the registered office of the party placing the order. All deliveries shall be subject to German law.
