TERMS & CONDITIONS
Our deliveries and services are performed exclusively on the basis of the following General Terms and Conditions of Sales and Delivery. The client’s terms of business or purchase are only valid if we accept them in writing. Legal regulations apply if the General Terms and Conditions of Sales and Delivery do not contain any regulations.
2. Offers and conclusions
Our offers are subject to change Agreements only become legally effective after written confirmation. Brochures and samples are for general information. They only become part of the contract through our explicit confirmation. Additional verbal agreements and assurances require our written confirmation in order to be valid. We reserve the fundamental right to make constructive and material-related changes as part of product maintenance.
Our prices are ex stock or ex works plus shipping costs and VAT, unless agreed otherwise.
4. Delivery and performance time
Delivery deadlines and dates are only approximate, unless we have explicitly designated them in writing as being binding. The time limits begin with the receipt of our confirmation of order, but on no account before clarification of all implementation details and the provision of all necessary documents or drawings by the client. Force majeure events entitle us to postpone the delivery or performance by the duration of the hindrance or by an appropriate restart time or to partly or fully withdraw from that part of the contract which has not yet been fulfilled. Of an equal rank to force majeure are strikes, lock outs, mobilisation, war, blockade, import and export embargos, road blocks and other circumstances beyond our control that make it unreasonably difficult or impossible for us to deliver. The client is entitled to demand a declaration from us as to whether we will withdraw from the contract or deliver within a reasonable time limit. If we do no make any declaration, then the customer is entitled to withdraw from the contract. If we have given an assurance of adherence to a date or deadline and we are in default, then the client must set us an appropriate period of grace in writing. Following the fruitless expiry of the grace period, he shall be entitled to withdraw from the contract by means of a written declaration. Assured deadlines for delivery are extended by the time period by which the client is in default with his obligations towards us.
5. Dispatch and transfer of risks
Dispatch is at the recipient’s risk, even in the case of carriage-paid deliveries. The shipping method and company, if the client has not issued us with any instructions, will be chosen by us at our discretion with no guarantee of the cheapest shipping. Additional costs for express goods dispatch, if desired, shall be borne by the client. The risk is transferred to the client upon handover of the material to a shipping company or freight forwarder, but at the latest upon leaving the warehouse or delivering works. If the client so demands, the goods shall be insured at his expense against transport breakage and fire damage.
6. Terms of payment
Unless agreed otherwise, our invoices are due for payment within 30 days net. If the client does not meet this deadline, he is in default from the next day. We are entitled to request securities of a usual type and extent for our claims; the same also applies if they are conditional or subject to time limits. In the case of default, the client must pay interest from the due date onwards at a rate 8 percentage points above the respective base lending rate. We reserve the right to assert claims for further damages. We accept drafts and cheques on account of performance only if this was expressly agreed. Credit for cheques and drafts is made subject to receipt of the disbursement fees with the value date being the day on which the counter-value is available to us. If the client’s financial situation worsens significantly following conclusion of the contract, or if such worsening only becomes known to us after conclusion of the contract, then we shall be entitled to demand payment in advance. This also applies even if we are in possession of appropriate creditworthiness information.
7. Notice of defects and warranty
We are liable as follows for defects, which also include the absence of assured properties:
a) Slightly exceeded dimensional tolerances, insofar as they do not impair the suitability for use of entrance mats, gratings and grids, are not deemed to be defects.
b) We are liable under the provisions of the German Civil Code, but with the stipulation that the warranty for parts subject to wear is limited to two years from the date of acceptance.
c) Commercially operative purchasers are obliged to inspect our products thoroughly and comprehensively immediately upon receipt or handover of the goods. Any defects found thereby must be reported within two weeks at the latest. If this does not take place, the goods shall be deemed to have been accepted without defects.
d) If defects are found at the inspection, we must be given the opportunity to deliver replacements or to rectify the defects, whichever we choose.
e) We exclude consequential defect costs and compensation for damages in the event that claims are not made in good time. Liability on account of gross negligence and intent are not affected by this.
f) We shall not be obliged to deliver replacements, to reimburse for diminished value nor to rectify defects as long as the client has not fulfilled his obligations towards us arising from the respective goods delivery.
8. Retention of title
All goods remain our property until all claims have been paid. The client hereby surrenders to us here and now all claims due to him arising from the further processing or selling on of the goods procured from us. The client can collect the claims due to him and surrendered to us as long as he is not in default of payment to us. The surrender is limited to the sum of our residual claims. If several surrenders exist in favour of sub-suppliers, then the surrender in our favour is limited to the proportional part of the receivables due to our customer from his customers. If we assert the retention of title, this shall only be deemed to be a withdrawal from the contract if this has been expressly declared in writing. The right of the buyer to possess the conditional goods is rendered null and void if he does not fulfil his obligations from this or another contract. In that case we shall be entitled, without the setting of a period of grace or declaring our withdrawal, to enter the client’s premises and to take possession of the conditional goods ourselves and, notwithstanding any payments due or other obligations towards us on the part of the buyer, to dispose of the goods as best possible by means of private sale or by way of auction. The proceeds from the disposal shall be offset against the buyer‘s debts after the deduction of costs. Any excess will be paid out to him.
9. Place of fulfilment and place of jurisdiction
The place of fulfilment for all obligations and rights resulting from the transaction with us is Haiger. Insofar as the contract partner is a businessman, the place of jurisdiction is Dillenburg.
10. Severability clause
In the event that a single provision of the General Terms and Conditions of Sales and Delivery should be ineffective, the remaining provisions shall not be affected by this.